Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Auction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Cause of Action: Right to sue – Accrual of, when – On facts, plaintiffs assigned telecasting right of 16 schedule films by assignment deeds dated 23.12.1994 for a period of 9 years in favour of defendant Nos.5 to 8 as requested by defendant No.4 – Issuance of public notice in Film Magazine by plaintiff regarding the 16 films – Claim by defendant N o.1 that they acquired satellite broadcasting rights of the 16 Hindi films from defendant No.2, by assignment deed dated 21.3.1997 for a period of 99 years – Suit by plaintiffs in 2003, for declaration that defendant Nos. 1 to 4 have no manner of right, title and interest in the Copyright in respect of the scheduled films, and to pass a decree of perpetual injunction against defendant Nos.1 to 4 – Trial court holding that the cause of action arose in the year 1995 itself when the plaintiff got knowledge of claim of the first defendant over the given films and plaintiffs chosen to file the suit in the year 2003 in respect of agreement dated 10.10.1994 – Dismissal of suit as barred by limitation – Cause of action to a plaintiff to file a suit accrues when there is a clear and unequivocal threat to infringe a right of the plaintiff – On facts, plaintiff having already assigned their right for a period of 9 years by assignment deed dated 23.12.1994, there was no cause of action during the said period of 9 years – When the plaintiffs had already parted with their right of telecasting films on 23.12.1994 there could not have been any threat to their right in the year 1995 – Thus, the suit filed by the plaintiffs is within limitation – Order passed by the High Court upheld. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2020 INSC 223 |
Petitioner | M/s. Zee Telefilms Ltd. (now Known As Zee Entertainment Enterprises Ltd.) |
Respondent | Suresh Productions & Ors. |
SCR | [2020] 3 S.C.R. 975 |
Judgement Date | 2020-02-25 |
Case Number | 1716 |
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