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1970 Supreme(All) 107

S.N.KATJU
Shyam Lal Paharia – Appellant
Versus
Gaya Prasad Gupta Rasal – Respondent


Advocates:
V.K. Chaudhary, for Appellants; M.C. Dwivedi, for Respondent.

JUDGMENT : The suit in appeal was brought by the plaintiffs for injunction, accounting and for delivery of the copies of a rival publication called 'Hisabi Darpan' which had been published in 1954 by the defendant together with its manuscript, plates and blocks that may be found in possession, custody or control of the defendant, his agents and servants.

2. It was alleged that the first plaintiff Shyam Lal Paharia was the author and plaintiff No. 2 Madbai Ram Paharia the publisher of a book 'Hisabi Machine." It was a ready reckoner giving tables of rates. It was published in 1941 and its second edition was brought out in 1944. According to the plaintiffs, it was thought to bring out a cheaper edition of the book with the title 'Hisabi Darpan', but meanwhile the defendant came to know of the plaintiffs' intention and he published the impugned book 'Hisabi Darpan' in 1954. According to the plaintiffs, the defendant's book was a "colourable imitation and slavish copy of the various charts contained in the plaintiff's book". The price of the impugned book was Rs. 1-8-0 per copy and the plaintiffs alleged that since its publication the sale of their book fell down considerably. They clai









































































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