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1993 Supreme(Del) 725

MAHINDER NARAIN
RUPENDRA KASHYAP – Appellant
Versus
JIWAN PUBLISHING HOUSE PRIVATE LIMITED – Respondent


Advocates Appeared:
A.K.Salmi, ANIL KHER, BINNI KALRA, Manmohan, PARVIN ANAND

Mahinder Narain, J.

( 1 ) THE plaintiff claims to be the exclusive licensee from the Central Board of Secondary Education for the purposes of publication of papers of 10th and 12th class.

( 2 ) IT is claimed by the plaintiff that there is a licence in his favour, given by the Central Board of Secondary Education to publish the said papers.

( 3 ) BY this suit, the plaintiff seeks to restrain the defendants No. 1 and 2 from publishing the very same papers, asserting that they do not have a similar licence that the plaintiff has, and being a licensee, he is entitled to restrain the said defendants form publishing the said papers.

( 4 ) THE question papers for examination are nothing but a collection of questions which are required to be answered by each examinee. They are akin to "table". questions having been tabulated. As each question is stringing together of words of the language in which the questions appear, creating "expression", which formulates concepts that neex exposition, which need to be explained by the person taking the examination, the questions having come into being on account of skill and labour of the person who prepared the questions, each question would be copyri




























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