B.C.BASAK, A.N.SEN
EASTERN INDIA MOTION PICTURES – Appellant
Versus
PERFORMING RIGHT SOCIETY LTD. – Respondent
( 1 ) THIS appeal under Section 72 of the Copyright Act, 1957 (hereinafter referred to as the said Act) is directed against an order of the Copyright Board constituted under the said Act (hereinafter referred to as the Board) passed under Section 35 of the said Act. The facts of this case are shortly as follows: the Performing Right Society Ltd. , London, the respondent No. 1, herein, is a Performing Right Society within the meaning of the said Act (hereinafter referred to as the Society ). The Society is an association of Composers, authors and publishers of Music having its Head Office in London. On the 13th of Feb. 1971 an advertisement was published in the Gazette of India dated 13th of Feb. 1971 the relevant portion of which is to the following effect. "tariffs For India The following is notified for general information :--Revision of Tariff. The Performing Right Society's Tariff (Statement of Fees, Charges or Royalties) relating to item No. 2 (Cinema) has been revised. The revised tariff erroneously published in the Statesman Calcutta and Indian Express Bombay dated the 9th Jan. 1971 and the Gazette of India Part IV dated 23rd Jan. 1971 is hereby withdrawn an
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