V R.SEN
ALL INDIA REPORTER LTD – Appellant
Versus
G D MOGHE – Respondent
V R Sen, J—This is an application by the Plaintiff, the All India Reporter Limited, for revision of the order dated 20th October 1948 of the Court of the District Judge, Nagpur, in civil suit No. 1-B of 1947, directing its counsel, Shri R.K. Manohar not to appear as counsel for the Plaintiff in the case.
2. The relevant facts are these. The Plaintiff claims to be the owner of the Law Journal known as ''The All India Reporter'' and of the copyright in the head-notes appearing in the journal. Defendant 1, G.D. Moghe, is the author of the Law Digest known as ''The Moghe Annual Digest 1946'' and Defendant 2, D.D. Datar is its publisher. The case of the Plaintiff is that the Digest constituted an infringement of the copyright which the Plaintiff had in the head-notes of the All India Reporter as in a large number of cases the head-notes appearing in the Moghe's Digest were either mere copies or colourable imitations of the head-notes in the All India Reporter. The consent of the Plaintiff was not obtained for making use of the head-notes. The Plaintiff has been adversely affected and seriously injured by the publication of the Digest, Defendant 3, J.S. Tamhankar and Defendant 4,
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