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1975 Supreme(Mad) 37

VEERASWAMI, NATARAJAN
Manojah Cine Productions – Appellant
Versus
A. Sundaresan – Respondent


Judgement

VEERASWAMI, C. J.:- This appeal comes before us from an order of Maharajan, J. on a preliminary issue in a suit brought by the first respondent for certain reliefs on an alleged infringement of his copyright in a Tamil story "Nazhuval" written by him. He asked for a permanent injunction restraining the appellant from exploiting a film 'Iru Malargal' which, according to the first respondent, was a reproduction of his story. In addition to the relief of injunction, he also asked for damages. An additional issue was settled to the effect - "Whether the plaintiff's suit is not maintainable for non-registration of his copyright in the story `Nazhuval'?"

2. It seems to us that the view of Maharajan, J. is correct. We have carefully looked into the Copyright Act, 1957, and nowhere in it do we find any justification for holding that registration is a sine qua non or a condition precedent to the subsistence of copyright or acquisition of ownership thereof or reliefs for infraction of copyright. Mishra Bandhu Karyalaya v. S. Koshal, AIR 1970 Madh Pra 261, took a contrary view but, with due respect, we are unable to agree with it. The Copyright Act, 1957, amended and consolidated the









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