JUDGMENT

A. C. GUPTA, J. :— The first appellant, Performing Right Society Limited. (hereinafter called the Society) is a company incorporated under the (English) Companies Acts, 1908 and 1913, having its registered office at Copyright House, 33, Margaret Street, Cavendish Square, London - a company limited by guarantee and having no share capital. The Society is an association of composers, authors and publishers of copyright musical works established to grant permission for the performing right in such works. Performing right means the right of performing in public, broadcasting and causing to be transmitted to subscribers to a diffusion service, in all parts of the world. The members of the Society are required to assign to the Society the performing right in their works, and the Society exercises and enforces on their behalf all rights and remedies in respect of any exploitation of such works. The Society collects royalties for the issue of licences granting such permission and distributes the royalties to the members of the Society, namely, the composers, authors, music publishers and other persons having an interest in the copyright in proportion to the extent to which a membe