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1996 Supreme(Cal) 192

BARIN GHOSH
GRAMOPHONE COMPANY OF INDIA LIMITED – Appellant
Versus
SHANTI FILMS CORPORATION – Respondent


BARIN GHOSH, J.

( 1 ) ON 21st August, 1986 an agreement was entered between the plaintiff and the defendant No. 1. The said agreement contains the following, amongst others, covenants :"1. This agreement shall be for the film 'shatru' year (s) commencing on the 21st day of August 1986 and shall continue for. . . X. . successive periods of. . . X. . each on the same terms and conditions as are herein laid down unless the company terminates the agreement by giving notice in writing to the producer 60 days before the expiration of the initial or extended period

( 2 ) FOR the purpose of this agreement the following words shall have the meanings set forth against them :"work" shall mean any one or more of literary dramatic musical or artistic work as defined in the Copyright Act, 1957. "record" shall include a gramophone disc record, magnetic tape record (whether reel to reel, endless loop, in cassette or cartridge form or otherwise howsoever) or any other contrivance or appliance whatever bearing or used for emitting sounds whether or not the same also bears or can bear visual images or is or can be joined to be used in conjunction with or part of a contrivance or appliance bearing or










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