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1964 Supreme(Mad) 15

S.RAMACHANDRA.IYER, RAMAKRISHNAN
Daily Calendar Supplying Bureau, Sivakasi – Appellant
Versus
United Concern – Respondent


Advocates:
K. S. Sankara Aiyar, for Appellant; T. M. Krishnaswami Aiyar and A. Balasubramaniam, for Respondent.

Judgement

RAMAKRISHNAN, J. :- This appeal is filed under the Letters Patent against the Judgment of Kunhamed Kutti J. in Civil Suit No. 84 of 1958, by the first defendant. The suit was filed by the plaintiff seeking certain reliefs consequent upon the alleged infringement of copyright under section 62 of the Copyright Act (Act XIV of 1957). The plaintiff, a firm called the United Concern represented by its partner, S. Muthuswami, alleged that in the year 1947, it had contacted one, T. M. Subramaniam, an artist, P. W. 2 in the case, and got him to execute an oil painting of Lord Subramania in the posture of Kumaraguruparan. After getting this picture painted, the plaintiff acquired from the artist, all the rights in the picture for valuable consideration. Then in 1948, the plaintiff got the painting printed by the off-set process with the help of the well-known firm Associated Printers in Madras and copies of the picture thus printed were widely sold. There were reprints in 1953 and again in 1956. One of the copies of the print thus made is M.O. 12. According to the plaintiff, in 1958, the first defendant, the Daily Calendar Supplying Bureau, Sivakasi, represented by its proprietor K


















































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