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1953 Supreme(All) 315

B.MUKERJI
S. K. Dutt – Appellant
Versus
Law Book Co. – Respondent


Advocates:
Plaintiff in person and also S.B.L. Gaur and Balishwari Prasad, for Plaintiff; J. Swarup, for Defendants.

JUDGMENT :- Sri S.K. Dutt, an advocate practising in this Court, has filed this suit purporting to be one under S. 13, Copyright Act, 1914. The plaintiff alleges that he is the author and sole owner of the copyright in the work entitled "The Indian Partnership Act by Mukerji and Dutt". This work, the plaintiff alleges, he published in the year 1934 in collaboration with Sir Manmotho Nath Mukerji, an ex-Chief Justice of the High Court at Calcutta and an ex-Law Member of the Government of India.

The plaintiff further alleges that the aforementioned book the Law of Partnership in India has earned a great reputation and it has had sales in the United States of America, in England and practically throughout this country. The plaintiffs case further is that defendant No. 2, namely, J.N. Bagga, published a work entitled "Law Book Companys Commentaries of Law and Practice of Partnership and Private Companies in India" in the year 1947. This rival publication, according to the plaintiff, contained numerous passages which had been pirated from the plaintiffs work. The said rival publication purports to be written by K.L. Gauba, Barrister-at-law, defendant No. 3. H.D. Suri, B.A.,LL.B., defenda




























































































































































































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