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1964 Supreme(Mad) 27

M.ANANTANARAYANAN, K.S.RAMAMURTI
E. M. Forster – Appellant
Versus
A. N. Parasuram – Respondent


Advocates:
R. Gopalaswami Ayyangar and C.S. Padmanabhan, for Appellants.
V. Thiyagarajan and T. Aravamutha Ayyangar, for Respondent.

Anantanarayanan, J.-

In 1924 Mr. E.M. Forster, the English Novelist, published "A Passage to India", a work of fiction which was also a penetrating study of the Indo-Anglican social climate; the work since became famous, and has recently been dramatised. Certain exclusive rights of publication in this work were assigned by Mr. Forster to Edward Arnold (Publishers), Limited, by an Indenture of Agreement, in March, 1924. In 1955-56, the University of Madras prescribed "A Passage to India", as a text-book for the students taking the B.A. Degree Mr A.N. Parasuram (respondent) published a Guide-book lor students to the novel "A Passage to India", in or about December, 1954. Two actions were instituted in the Original Civil Jurisdiction of this Court, respectively by Mr A.N. Parasuram (respondent) on the one hand, and Mr. E.M. Forster and Messrs. Edward Arnold (Publishers), Limited on the other, both relating to the alleged infringement of the copyright in the original work by the publication of the Guide-book. They were tried together by Ganapatia Pillai, J., and dealt with by means of a common judgment, the learned Judge held that there was no such infringement by substantial reproducti































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