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1983 Supreme(Cal) 28

SABYASACHI MUKHARJEE, SUHAS C.SEN
BIRENDRA BAHADUR PANDEY – Appellant
Versus
GRAMOPHONE CO. OF INDIA LTD. – Respondent


Advocates Appeared:
A.K.AUDDY, Biswarup Gupta, MANOTOSH MUKHARJI, P.P.GINWALA, S.BANERJEE, S.ROY CHAUDHARY, S.SARKAR

SABYASACHI MUKHARJI, J.

( 1 ) THIS is an appeal from a judgment delivered and order passed by the learned trial Judge on 14-10-1982. The petitioner before the learned trial Judge and the main respondent in this appeal is the Gramophone Co. of India Ltd. which carries on the business of manufacture and sale of records and/or recordings and/or cassettes etc. Such recordings are carried out by the petitioner under the agreements with various composer artists and other performers. Under such agreements the writ petitioner became the owner, according to the writ petitioner, of the original plates and, in any event, the first owner of the copyright of the said records and musical compositions. In the circumstances, the writ petitioner complained that it had the exclusive right to reproduce and manufacture records and/or cassettes from the original plates and no other person has or had any other copyright or other right with regard thereto and the petitioner was the first owner of the copyright in respect of the said records and/or cassettes and/or recordings. It is further the case of the petitioner that it came to learn from the Customs Authority that a consignment of pre-recorded cass
















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