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1960 Supreme(Mad) 148

P.V.RAJAMANNAR, VEERASWAMI
Associated Publishers (Madras), Ltd. – Appellant
Versus
K. Bashyam alias ‘Arya’ – Respondent


Advocates:
K. Rajah Iyer instructed by Messrs. John and Row, for Appellant.
V. C. Gopalaratnam and S. Kothandarama Nayanar, for Respondents.

Rajamannar, C.J. -

This is an appeal from the Judgment of Balakrishna Ayyar, J. in a suit C.S. No. 19 of 1952, filed on the Original Side of this Court by the first respondent (who will hereinafter be referred to as the plaintiff) against two defendants namely: (1) The Associated Publishers (Madras), Ltd., being the proprietors of the Associated Printers, a company registered under the Indian Companies Act and (2) K. S. Joseph, for the recovery of a sum of Rs. 10,000, being the estimated damages suffered by the plaintiff by reason of the infringement of his copyright in a portrait of Mahatma Gandhi painted by him. The plaintiff also prayed for a decree directing the second defendant Joseph to render an account to him of all sums which he had made by the sale of the offending prints which he had printed with the aid of thefirst defendant, directing the defendants or either of them to deliver to the plaintiff the unsold copies of the offending prints, and for an injunction restraining the defendants from further selling any copy of the offending prints. The material allegations in the plaint are as follows: The plaintiff is an artist who carries on the business of painting, printing a


































































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