Full Judgement
Eastern Book Company & Ors. Vs. D.B. Modak & Anr. [2007] Insc 1260 (12 December 2007)
B.N. Agrawal & P.P. Naolekar
[with Civil Appeal No. 6905 of 2004 and Contempt Petition (Civil) No. 158 of 2006 in Civil Appeal No. 6472 of 2004] P.P. Naolekar, J.
1. These appeals by special leave have been preferred against the common judgment of a Division Bench of the High Court of Delhi involving the analogous question and are, therefore, decided together by this judgment.
2. Appellant No. 1 Eastern Book Company is a registered partnership firm carrying on the business of publishing law books. Appellant No. 2 EBC Publishing Pvt. Ltd. is a company incorporated and existing under the Companies Act, 1956. The said appellants are involved in the printing and publishing of various books relating to the field of law. One of the well-known publications of appellant No. 1 Eastern Book Company is the law report Supreme Court Cases (hereinafter called SCC). The appellant publishes all reportable judgments along with non-reportable judgments of the Supreme Court of India.
Yet another category included in SCC is short judgments, orders, practice directions and record of proceedings. The law report SCC was commenced in the year 1969 and has been in continuous publication ever since. The name Supreme Court Cases has been coined by the appellants and they have been using the same continuously, exclusively and extensively in relation to the law reports published by them. For the purpose of publishing the judgments, orders and proceedings of the Supreme Court, the copies of judgments, orders and proceedings are procured from the office of the Registrar of the Supreme Court of India.
After the initial procurement of the judgments, orders and proceedings for publication, the appellants make copy- editing wherein the judgments, orders and record of proceedings procured, which is the raw source, are copy- edited by a team of assistant staff and various inputs are put in the judgments and orders to make them user friendly by making an addition of cross-references, standardization or formatting of the text, paragraph numbering, verification and by putting other inputs. The appellants also prepare the headnotes comprising of two portions, the short note consisting of catch/lead words written in bold;
and the long note, which is comprised of a brief discussion of the facts and the relevant extracts from the judgments and orders of the Court. Headnotes are prepared by appellant No. 3-Surendra Malik. As per the said appellant (plaintiff No. 3 in the suits filed in the Delhi High Court), the preparation of the headnotes and putting the various inputs in the raw text of the judgments and orders received from the Supreme Court Registry require considerable amount of skill, labour and expertise and for the said work a substantial amount of capital expenditure on the infrastructure, such as office, equipment, computers and for maintaining extensive library, besides recurring expenditure on both the management of human resources and infrastructural maintenance, is made by the plaintiff- appellants. As per the appellants, SCC is a law report which carries case reports comprising of the appellants version or presentation of those judgments and orders of the Supreme Court after putting various inputs in the raw text and it constitutes an `original literary work of the appellants in which copyright subsists under Section 13 of the Copyright Act, 1957 (hereinafter referred to as the Act) and thus the appellants alone have the exclusive right to make printed as well as electronic copies of the same under Section 14 of the Act. Any scanning or copying or reproduction done of or from the reports or pages or paragraphs or portions of any volume of SCC by any other person, is an infringement of the copyright in SCC within the meaning of Section 51 of the Act.
3. The defendant-respondent No. 2 Spectrum Business Support Ltd. (in Civil Appeal No. 6472/2004) has brought out a software called Grand Jurix published on CD-ROMs and the defendant-respondent No. 2 Regent Data Tech Pvt.
Ltd. (in Civil Appeal No. 6905/2004) has brought out software package called The Laws published on CD-ROMs.
As per the appellants, all the modules in the defendant- respondents software packages have been lifted verbatim from the appellants work; the respondents have copied the appellants sequencing, selection and arrangement of the cases coupled with the entire text of copy-edited judgments as published in the plaintiff-appellants law report SCC, along with and including the style and formatting, the copy-editing paragraph numbers, footnote numbers, cross- references, etc.; and such acts of the defendant- respondents constitute infringement of the plaintiff- appellants exclusive right to the same.
4. The plaintiff-appellants herein moved the Court for temporary injunction by filing applications in Suit No.758/2000 against Spectrum Business Support Ltd. and in Suit No. 624/2000 against Regent Data Tech Pvt. Ltd. before a learned Single Judge of the High Court of Delhi. The interim orders of injunction were passed in the suits from time to time. However, the defendant-respondents filed application for vacation of the stay order. By a common judgment dated 17.1.2001, the Single Judge of the High Court dismissed the appellants applications for interim injunction and allowed the respondents application for vacation of stay. However, before the Single Judge, the respondents conceded that the appellants have copyright in the headnotes and as such they undertook not to copy these headnotes in their CD-ROMs.
5. Aggrieved by the said order dated 17.1.2001 refusing to grant interim injunction, the appellants preferred appeals before a Division Bench of the Delhi High Court and the applications praying for interim relief were also filed in both the appeals. The applications praying for the interim relief were disposed of by the Division Bench on 9.3.2001 directing that during the pendency of the appeals the respondents will be entitled to sell their CD- ROMs with the text of the judgment of the Supreme Court along with their own headnotes which should not in any way be a copy of the headnotes and the text of the plaintiff- appellants.
6. The Division Bench of the Delhi High Court heard the matters finally and has held that the appellants are not right in submitting that although the respondents have a right to publish the raw judgments they could do so only after obtaining the same from the original source, i.e. after obtaining certified copy of the judgment. The Division Bench did not agree with the submission of the appellants that by making certain corrections in the judgments or putting paragraph numbers or arranging the said judgments in a particular manner while printing, the appellants can claim that the copy-edited judgments become their original literary work. If the right of a person like the appellants who are merely reporting the judgments of the courts is stretched to this extent, then after a judgment is reported by a particular journal, others would be barred from doing the same and the very purpose of making these judgments in public domain, therefore, would be frustrated. The Court has further held that the appellants are not the author of the Supreme Court judgments and by merely making certain corrections therein or giving paragraph numbers, the character of a judgment does not change and it does not become materially different from the original judgment. Once a person has a right to obtain certified copy of the judgment from the Registry of the Court and to publish it, it cannot be said that he has no right to take text of the judgment from the journal where it is already reported. The act of reproduction of any judgment or order of the Court, Tribunal or any other judicial authority under Section 52(1)(q) of the Act, is not an infringement of the copyright. Any person can, therefore, publish judgments of the Courts. The appellants may have happened to have first published the judgments, but the same will not mean that they can have a copyright therein. It is the considered opinion of the Division Bench that no person can claim copyright in the text of the judgment by merely putting certain inputs to make it user friendly. The appellants cannot claim copyright in the judgment of the Court. But it has been held by the Court that reading the judgment and searching the important portions thereof and collecting sentences from various places for the purposes of making headnotes would involve labour and skill; and that there is originality and creativity in preparation of the headnotes, but not when they are verbatim extracts from the judgment and, therefore, there would be copyright in the headnotes to the judgments prepared by the appellants. So far as footnotes and editorial notes are concerned, it cannot be denied that these are the publishers own creations and based on publishers own research and thus will have a copyright of the appellants. The Division Bench modified the judgment of the Single Judge by directing the respondents that they shall be entitled to sell their CD-ROMs with the text of the judgments of the Supreme Court along with there own headnotes, editorial notes, if any, which should not in any way be copy of the headnotes of the appellants. The respondents shall also not copy the footnotes and editorial notes appearing in the journal of the appellants. Thus, the Court has not accepted the case of the appellants that they have a copyright in the copy-edited judgments of the Supreme Court. Aggrieved by the decision of the Division Bench of Delhi High Court, the appellants have filed these appeals by special leave.
7. The appellants have claimed that the copyright subsists in SCC as a law report as a whole based cumulatively and compendiously on all the substantial contributions of skill, labour and capital in the creation of various parts of SCC, i.e., headnotes, editorial notes, footnotes, the version of the copy-edited text of judgments as published in the appellants law report SCC, the selection of cases as published in SCC, the sequence and arrangement of cases as published in SCC and the index, table of cases, etc. which are published in each volume of SCC, that give it the SCC volumes and thereby complete SCC set, its character as a work as a whole. The appellants claim that the copyright subsists in the copy-edited version. The appellants do not claim copyright in the raw text of the judgments, certified copies of which are obtained from the Registry. The appellants do not claim a monopoly in publishing judgments of the Supreme Court as they are being published by other publishers also without copying from each other publication. The appellants claim that their copyright is in the copy-edited version of the text of judgments as published in SCC which is a creation of the appellants skill, labour and capital and there are contributions/inputs/ additions of the appellants in creating their version of the text of judgments as published in SCC. The appellants placed before us the following contributions, inputs and additions made by them to the text in the certified copies of the judgments received by them from the Registry. The appellants assert that originality inheres in the following aspects of its editorial process which are selected, coordinated and arranged in such a way that the resulting work as a whole constitutes an original work of the appellants.
1. Cross-citations are added to the citations(s) already given in the original text For example, a. SCC/AIR/LLJ citations added in addition to the SCR citation given in the text and cross- citations separated by : Raw text obtained from Registry:
SCC Page:
Corresponding citations from SCC Page:
R. Chitralakha and Anr. v. State of Mysore & Ors. 1964 (6) SCR 368 at 388 and Triloki Nath v. J.& K State 1969 (1) SCR 103 at 105 and K.C. Vasanth Kumar v. Karnataka 1985 Supp. (1) SCR 352 R. Chitralakha v. State of Mysore and Triloki Nath v. State of J & K (II) and K. C. Vasanth Kumar v. State of Karnataka. (1964) 6 SCR 368, 388: AIR 1964 SC 1823 (1969) 1 SCR 103, 105: AIR 1969 SC 1: (1970) 1 LLJ 629 1985 Supp SCC 714: 1985 Supp 1 SCR 352 b. FCR, IA, Bom LR citations added in addition to the AIR citation given in raw text and cross- citations separated by : Raw text obtained from Registry:
SCC Page:
Corresponding citations from SCC Page:
Dr Hori Ram Singh vs. Emperor (AIR 1938 FC 43), Gokulchand Dwarkadas Morarka vs. The King (AIR 1948 PC 82), Shreekantiah Ramayya Munipalli vs. State of Bombay (AIR 1955 SC 287) Hori Ram Singh (Dr) v. Emperor, Gokulchand Dwarkadas Morarka v. R.,Shreekantiah Ramayya Munipalli v. State of Bombay.
AIR 1939 FC 43: 1939 FCR 159 AIR 1948 PC 82: 75 IA 30 AIR 1955 SC 287: 57 Bom LR 632
2. (a) Names of cases and cross-citations are added where only the citation of the case is given in the original text.
For example, Citation alone given in text replaced with full case name: M.P. Oil Extraction (P) Ltd. v. State of M.P. and Jab LJ cross-citation added to AIR citation already in raw text, and separated by : Raw text obtained from Registry:
SCC Page:
Corresponding citation from SCC Page:
The said decision has been reported in AIR 1982 M.P. 1.
The said decision has been reported in M.P. Oil Extraction (P) Ltd. v. State of M.P.
AIR 1982 MP 1: 1982 Jab LJ 795 2(b). Citations and cross-citations are added where only name of the case is given in the original text.
For example Name of case in text replaced with full case reference and cross- citations added as per SCC style.
Raw text obtained from Registry:
SCC Page:
Corresponding citation from SCC Page:
Division Bench of this Court in Kishan Lal Sharma (supra).
Division Bench of this Court in Kishan Lal Sharma.
Kishan Lal Sharma v. Prem Kishore, AIR 1983 Raj 100:
1983 Raj LR 164 d) Among the pensioners also, the above anomaly will prevail as pointed out in Janaki Prasad.
(d) Among the pensioners also, the above anomaly will prevail as pointed out in Janaki Prasad.
Janaki Prasad Parimoo v. State of J & K, (1973) 1 SCC 420 2(c). Citation inserted in case-history where only the title and year of the impugned/earlier orders are given.
For example, From the Judgment and Order dated June 17, 1980 of Gujarat High Court in Special Civil Application No. 2711 of 1999: AIR 1981 Guj 15
3. SCC style of presenting (repeatedly) cited cases For example, Changes have been made in the name of the cited cases as per SCC style as Rattan Singhs case (supra);
Mohammads case (supra) and Range Forest Officers case in the raw text consecutively changed to Ratan Singh case; Mohammed case and Range Forest Officer case in SCC.
Raw text obtained from Registry:
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In Rattan Singhs case (supra), the High Court of Madhya Pradesh finding certain illegalities in the prosecution relating to setting aside In Mohammads case (supra), the observation of the Kerela High Court that if a clear illegality or injustice comes to the notice of the High Court In the third case relied on by Justice M.K. Chawla, namely, Range Forest Officers case, a vehicle belonging to the respondent was confiscated.
140. In Ratan Singh case the High Court of Madhya Pradesh finding certain illegalities in the prosecution relating to setting aside 141. In Mohammed case, the observations of the Kerela High Court that if a clear illegality or injustice comes to the notice of the High Court 142. In the third case relied on by Justice M.K. Chawla, namely, Range Forest Officer case a vehicle belonging to the respondent was confiscated.
* The changes have been underlined.
4. Precise references to quoted matter are provided For example, a. The exact page and paragraph number as in the original case source is inserted.
Raw text obtained from Registry:
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In Balaji it is stated:
It seems fairly clear that the backward classes of citizens for whom special provision After referring to the provisions of Articles 338(3), 340 (1), 341 and 342, the Court proceeded to hold as follows:
It would thus be seen that this provision contemplates that some Backward Classes may by the Presidential order be included In Balaji it is stated: (SCR p. 458) It seems fairly clear that the backward classes of citizens for whom special provision After referring to the provisions of Articles 338(3), 340(1), 341 and 342, the Court proceeded to hold as follows: (SCR p.458) It would thus be seen that this provision contemplates that some Backward Classes may by the Presidential order be included It may be appropriate to quote the relevant holding from the judgment:
When Art. 15(4) refers to the special provision for the advancement of certain classes or scheduled castes or scheduled tribes, it must not be ignored that the provision which is authorised to be made It may be appropriate to quote the relevant holding from the judgment: (SCR pp.467, 470) When Article 15(4) refers to the special provision for the advancement of certain classes or Scheduled Castes and Scheduled Tribes, it must not be ignored that the provision which is authorised to be made The Privy Council observed:
It may be well to add that their Lordships judgment does not imply that every sum paid under mistake is recoverable The Privy Council observed:
(IA p.302, para 17) It may be well to add that their Lordships judgment does not imply that every sum paid under mistake is recoverable * The changes have been highlighted b. The exact page and paragraph number as in the original treatises/reference material is inserted.
Raw text obtained from Registry:
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is very instructive, Supposing, for instance, reservations were made for a community or a collection of communities, the total of which is very instructive: (CAD, Vol. 7, pp. 701-02) Supposing, for instance, reservations were made for a community or a collection of communities, the total of which is a community which is backward in the opinion of the Government. is a community which is backward in the opinion of the Government. (CAD, Vol. 7, pp. 702) * The changes have been highlighted.
5. Margin headings are added to quoted extracts from statutes/rules etc. when missing.
For example, Section number and Margin Heading of the Section have been supplied.
Raw text obtained from Registry:
SCC Page: deals with sovereignty over, and limits of, territorial waters and says:
(1) The sovereignty of India extends and has always extended to the territorial waters of India (hereinafter referred to as the territorial waters) and to the seabed and subsoil underlying, and the air space over such waters. deals with sovereignty over, and limits of, territorial waters and says:
3. Sovereignty over, and limits of, territorial waters.-(1) The sovereignty of India extends and has always extended to the territorial waters of India (hereinafter referred to as the territorial waters) and to the seabed and subsoil underlying, and the air space over such waters.
It says:
(1) All lands, minerals and other things of value underlying the ocean within the territorial waters, or the continental shelf, or the exclusive economic zone, of India shall vest in the Union and be held for the purpose of the Union.
It says:
297. Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union.- (1) All lands, minerals and other things of value underlying the ocean within the territorial waters, or the continental shelf, or the exclusive economic zone, of India shall vest in the Union and be held for the purpose of the Union.
That article reads as under:
19(1) All citizens shall have the right That Article reads as under:
19. Protection of certain rights regarding freedom of speech, etc.- (1) All citizens shall have the right
6. Number of the section/rule/article/paragraph is added to the extract quoted in the original text For example, The sub-section numbers have been added to the text.
Raw text obtained from Registry:
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The said provision reads as under:
Where a landlord has acquired his interest in the premises by transfer, no suit for the recovery of possession of the premises on any of the grounds mentioned in clause (f) or clause (ff) of The said provision reads as under:
13. (3-A) where a landlord has acquired his interest in the premises by transfer, no suit for the recovery of possession of the premises on any of the grounds mentioned in clause (f) or clause (ff) of The said sub-section reads as under:
If, in the course of any trial under this Act of any offence, it is found that the accused person has committed any other offence under this Act or any rule made thereunder or under any other law, The said sub-section reads as under:
12. (2) If, in the course of any trial under this Act of any offence, it is found that the accused person has committed any other offence under this Act or any rule made thereunder or under any other law, For convenience, we reproduce the sub-section here:
Any person who is a member of a terrorists gang or a terrorists organization, which is For convenience, we reproduce the sub-section here:
3. (5) Any person who is a member of a terrorists gang or a terrorists organization, which is Sub-section (4) of Section 3 of TADA reads thus:
whoever harbours or conceals, or attempts to harbour or conceal, any terrorist shall be punishable with imprisonment for a term which shall not be less than five years but Sub-section (4) of Section 3 of TADA reads thus:
3. (4) Whoever harbours or conceals, or attempts to harbour or conceal, any terrorist shall be punishable with imprisonment for a term which shall not be less than five years but Section 2 (1) (i) of the TADA which reads thus:- Words and expressions used but not defined in this Act and defined in the code shall have the meanings respectively assigned to them in the Code Indian Penal Code by the following words in clause y of Section 2 of the Code:
words and expressions used herein and not defined but defined in the Indian Penal Code Section 2 (1) (i) of TADA which reads thus:
2. (1) (i) words and expressions used but not defined in this Act and defined in the Code shall have the meanings respectively assigned to them in the Code Indian Penal Code by the following words in clause y of Section 2 of the Code:
2. (y) words and expressions used herein and not defined but defined in the Indian Penal Code
7. Phrases like concurring, partly concurring, partly dissenting, dissenting, supplementing, majority expressing no opinion etc. are added to the original text.
For example, Words like partly dissenting and partly concurring have been added as per the application of Editors judgement regarding the opinions expressed by the Judges.
Raw text obtained from Registry:
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D.P. Wadhwa J I agree that the appeal be dismissed. However, I D. P. WADHWA, J.- (partly concurring) I agree that the appeal be dismissed.
However, I S.C. AGRAWAL J.
Special leave granted.
AGRAWAL, J. (partly dissenting) Special leave granted.
KOSHAL, J.
On a perusal of the judgment prepared by my learned brother, Krishna Iyer, J., I agree respectfully with findings (2) to (11), (13) and (14) enumerated by him Koshal, J. (partly dissenting) On a perusal of the judgment prepared by my learned brother, Krishna Iyer, J., I agree respectfully with findings (2) to (11), (13) and (14) enumerated by him
8. Judges on whose behalf opinion given: Expression such as for himself and Pathak, C.J., or Fazal Ali and Rangnath Mishra, JJ. etc. are added to the original text.
For example, A uniform style has been mentioned by SCC to take care of the fact that which judges have signed the Judgment.
Raw text obtained from Registry:
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RANGANATH MISRA, J.
We have had the benefit of reading the judgment passed The Judgments of the Court were delivered by RANGANATH MISRA, J. (for himself and Pathak, C.J.) (concurring) RANGANATHAN, J.
The seeds of the present controversy were sown as early as in 1946.
The Judgments of the Court were delivered by RANGANATHAN, J. (for himself and Ramaswami, J.) - The seeds of the present controversy were sown as early as in 1946.
9. Existing paragraphs in the original text are broken up and separate paragraph numbers are given.
For example, Existing paragraph broken up into two paragraphs and separate paragraph number added on application of editorial judgment.
Raw text obtained from Registry:
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but the risk involved in sacrificing efficiency of administration must always be borne in mind when any State sets about making a provision for reservation of appointments of posts. We see no justification to multiply the risk, which would be the consequence of holding that reservation can be provided even in the matter of promotion.
but the risk involved in sacrificing efficiency of administration must always be borne in mind when any State sets about making a provision for reservation of appointments or posts. (SCR p.606) 828. We see no justification to multiply the risk, which would be the consequence of holding that reservation can be provided even in the matter of promotion.
weaker segments of We, the people of India. No other understanding can reconcile the claim of a radical present and hangover of the unjust past. A similar view was expressed in Vasant Kumar by Chinnappa Reddy, J. The learned Judge said the mere securing of high marks at an examination may not necessarily mark out a good administrator.
weaker segments of We, the people of India. No other understanding can reconcile the claim of a radical present and hangover of the unjust past. 833. A similar view was expressed in Vasanth Kumar by Chinnappa Reddy, J. The learned Judge said (SCC p.
739, para 36) [T]he mere securing of high marks at an examination may not necessarily mark out a good administrator.
MATTER ADDED UPON VERIFICATION
10. Internal referenceing: Use of paragaraph numbering for internal referencing within a judgment.
For example, Internal paragraph numbering has been added after uniform paragraph numbering have been provided to the multiple judgments. Para 86, 85, 89, 90, 91 and 92 have been changed respectively to Paras 790-793, 794 and 797, 798, 799, 800 and 801 to 803.
Raw text obtained from Registry:
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(d) Creamy layer can be, and must be excluded. (Para 86) (e) It is not correct to say that the backward class, social, educational and economic backwardness are closely inter-twined in the Indian context. (Para 85) (f) The adequacy of representation of a particular class in the services under the State is a matter within the subjective satisfaction of the appropriate Government.
The judicial scrutiny in that behalf is the same as in other matters within the subjective satisfaction of an authority. (Para 89) (4) (a) A backward class of citizens cannot be identified only and exclusively with reference to economic criteria. (Para 90) (b) It is, of course, permissible for the Government or other authority to identify a backward class of citizens on the basis of occupation-cum-income, without reference to caste, if it is so advised. (Para 91) (5) There is no constitutional bar to classify the backward classes of citizens into backward and more backward categories.
(Para 92) (d) Creamy layer can be, and must be excluded.(Paras 790-793) (e) It is not necessary for a class to be designated as a backward class that it is situated similarly to the Scheduled Castes/ Scheduled Tribes. (Paras 794 and 797) (f) The adequacy of representation of a particular class in the services under the State is a matter within the subjective satisfaction of the appropriate Government.
The judicial scrutiny in that behalf is the same as in other matters within the subjective satisfaction of an authority. (Para 798) (4) (a) A backward class of citizens cannot be identified only and exclusively with reference to economic criteria. (Para 799) (b) It is, of course, permissible for the Government or other authority to identify a backward class of citizens on the basis of occupation- cum-income, without reference to caste, if it is so advised. (Para 800) (5) There is no constitutional bar to classify the backward classes of citizens into backward and more backward categories. (Para 801 to 803)
11. Verification of first word of quoted extract and emphasis supplied on verification.
For example, Raw text obtained from Registry:
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The Rajasthan High Court in CIT v Rangnath Bangur opined:
.that once a reassessment proceeding is initiated, the original order of assessment is set aside or ceases to be operative. The finality of such an assessment order is wiped out and a fresh order of assessment would take the place of and completely substitute the initial order of assessment. It is, therefore, clear that when The Rajasthan High Court in CIT v. Rangnath Bangur opined: (p.498) [T]hat once a reassessment proceeding is initiated, the original order of assessment is set aside or ceases to be operative. The finality of such an assessment order is wiped out and a fresh order of assessment would take the place of and completely substitute the initial order of assessment. It is, therefore, clear that when and said:
reassessment proceedings cannot be contained only to such income which has escaped assessment, but the entire assessment and said: (p. 503) [R]eassessment proceedings cannot be confined only to such income which has escaped assessment, but the entire assessment Five Judges:
the Constitution is the fundamental law of the land and it is wholly unnecessary to provide in any law made by the legislature that anything done in disregard of the Constitution is prohibited. Such a prohibition is to be read in every enactment.
[T]he Constitution is the fundamental law of the land and it is wholly unnecessary to provide in any law made by the legislature that anything done in disregard of the Constitution is prohibited. Such a prohibition is to be read in every enactment. (emphasis supplied)
12. Ellipsis is added to indicate breaks in quoted extract.
For example, Raw text obtained from Registry:
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, he has said that the word caste appearing after scheduled is really a misnomer and has been used only for the purpose of identifying this 165), he has said that the word caste appearing after scheduled is really a misnomer and has been used only for the purpose of identifying this Gajendragadkar, J observed:
Though castes in relation to Hindus may be a relevant factor to consider in determining the social backwardness of groups or classes of citizens, it cannot be the sole or the dominant test in that behalf. Gajendragadkar, J. observed:
though castes in relation to Hindus may be a relevant factor to consider in determining the social backwardness of groups or classes of citizens, it cannot be made the sole or the dominant test in that behalf. manner as may be prescribed duties of excise on all excisable goods which are produced or manufactured in India as, and at the rates, set forth in the Schedule to the Central Excise Tariff Act, 1985.
manner as may be prescribed duties of excise on all excisable goods which are produced or manufactured in India as, and at the rates, set forth in the Schedule to the Central Excise Tariff Act, 1985.
13. Matter inadvertently missed in quoted extracts is supplied.
For example, Incorporation of matter missing in quotations from cases.
Raw text obtained from Registry:
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Where there is no express exclusion the examination of the remedies and the scheme of the particular Act to find out the intendment becomes necessary to see if the statute creates a special right or a liability and provides for the determination of the right Where there is no express exclusion the examination of the remedies and the scheme of the particular Act to find out the intendment becomes necessary and the result of the inquiry may be decisive. In the latter case Mr Justice M.K. Chawla holding that parties have no locus standi. Mr Justice M.K. Chawla holding that Mr. H.S. Chowdhary and other intervening parties have no locus standi.
38. State to secure a social order for the promotion of welfare of the people. (1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social, economic and political, shall inform all the institutions of the national life.
38. State to secure a social order for the promotion of welfare of the people.- (1) The State The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.
The inputs of efficiency include a sense of belonging and of accountability (not pejoratively used) if its composition takes in also the weaker segments of we, the people of India.
The inputs of efficiency include a sense of belonging and of accountability which springs in the bosom of the bureaucracy (not pejoratively used) if its composition takes in also the weaker segments of We, the people of India.
It is no doubt true that the Act was amended by U.P. Act 26 of 1975 which came into force on August 18, 1975 taking away the power of the Director to make an appointment under Section 16 F (4) of the Act in the case of minority institutions. The amending Act did not, however, provide proceedings under Section 16 F of the Act.
It is no doubt true that the Act was amended by U.P. Act 26 of 1975 which came into force on August 18, 1975 taking away the power of the Director to make an appointment under Section 16-F(4) of the Act in the case of minority institutions. The amending Act did not, however, provide expressly that the amendment in question would apply to pending proceedings under Section 16-F of the Act.
* The changes have been underlined.
14. Incomplete/incorrect case names or citations are completed/corrected.
For example, Corrections in the case names.
Raw text obtained from Registry:
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In R v. Greater London Council 1976 (3) ALL ER 184, one Albert Raymond Blackburn
73. In R v. Greater London Council, ex parte Blackburn, one Albert Raymond Blackburn Ray, C.J. in State of Uttar Pradesh v. Pradeep Tandon and Ors. 1975 (2) SCR 761 at 766 has gone to the extent of saying that:
47. Ray, CJ in State of U.P. v. Pradip Tandon has gone to the extent of saying that:
(SCC pp. 273-74, para 15) Reference may be made to
(1) Hindustan Zinc V. A.P. State Electricity Board 1991 (3) SCC 299;
(2) Sitaram Sugars V. Union of India and Others 1990 (3) SCC 223;
(3) D.C.M. v. S. Paramjit Singh 1990 (4) SCC 723;
(4) Minerva Talkies V. State of Karnataka and Others 1988 Suppl SCC 176;
(5) State of Karnataka V. Ranganath Reddy 1978 (1) SCR 641;
(6) Kerala State Electricity Board V. S.N. Govind Prabhu 1986 (4) SCC;
(7) Prag Ice Company V. Union of India and Others 1978 (2) SCC 458;
(8) Sarawaswati Industries Syndicate Ltd. V. Union of India 1975 (1) SCR 956;
(9) Murti Match Works V. Assistant Collector, Central Excise and Others 1974 (3) SCR 121;
(10) T. Govindraja Mudaliar V. State of Tamil Nadu and Others 1973 (3) SCR 222; and
(11) Narender Kumar V. Union of India and Others 1969 (2) SCR 375.
Reference may be made to :
(1) Hindustan Zinc Ltd. v. A.P. State Electricity Board;
(2) Shri Sitaram Sugar Co. Ltd. v. Union of India;
(3) Delhi Cloth and General Mills Ltd. v. S. Paramjit Singh;
(4) Minerva Talkies v. State of Karnataka;
(5) State of Karnataka v. Ranganath Reddy;
(6) Kerela State Electricity Board v. S.N.Govinda Prabhu and Bros.;
(7) Prag Ice and Oil Mills v. Union of India;
(8) Saraswati Industries Syndicate Ltd. v. Union of India;
(9) Murthy Match Works v. Assistant Collector, Central Excise;
(10) T. Govindaraja Mudaliar v. State of T.N. and (11) Narender Kumar v. Union of India.
* The changes have been underlined.
15. Other corrections For example, a. Clauses numbered in terms of answers to questions framed by learned Judge have been renumbered correctly in terms of questions framed, as (3)(e) actually has been found to be answer to (3) (c) and vice-versa.
a1. Similarly, clause has been changed to sub- clause.
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(c) It is not necessary for a class to be designated as a backward class that it is situated similarly to the Schedule Castes/Tribes.
(Paras 87 and 88) (d) Creamy layer can be, and must be excluded. (Para. 86) (e) It is not correct to say that the backward class of citizen contemplated in Article 16 (4) is the same as the socially and educationally backward classes referred to in Article 15(4). It is much wider. The accent in Article 16(4) is on social backwardness. Of course, social, educational and economic backwardness are closely inter-twined in the Indian context.
(c) It is not correct to say that the backward class of citizen contemplated in Article 16 (4) is the same as the socially and educationally backward classes referred to in Article 15(4). It is much wider. The accent in Article 16(4) is on social backwardness. Of course, social, educational and economic backwardness are closely inter-twined in the Indian context. (Paras 786- 789) (d) Creamy Layer can be, and must be excluded. (790- 793) (e) It is not necessary for a class to be designated as a backward class that it is situated similarly to the Schedule Castes/ Schedule Tribes. (Paras 794 and 797) that no better formula could be produced than the one that is embodied in clause (3) of Article 10 of the Constitution; they will find that the view of those who believe and hold that there shall be that no better formula could be produced than the one that is embodied in sub- clause (3) of Article 10 of the Constitution; they will find that the view of those who believe and hold that there shall be
16. Text has been changed as per corrigenda issued, which have been issued upon SCC Editors request and suggestions.
For example, SUPREME COURT OF INDIA Corrigendum This Courts order dated October 25, 1996 in CA 14553/96 @ SLP ) No. 5570/93 in the matter of Smt. Indira Sohan Lal ----------------------------------------------------------- Page No. Line No. For Read 1 bottom line and deducted deducted 2 7-8 from bottom developed to bring developed to on par with levelled bring them on land and huge levelled land and a huge 3 12-13 from bottom compelling material, compelling nor the High Court material and refused to advert High Courts to refusal to advert to it, ---------------------------------------------------------------- OTHER ADDITIONS/INSERTIONS MADE TO THE RAW TEXT
17. Compressing/simplification of information relating to case history.
For example Raw text obtained from Registry:
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CIVIL APPEAL NOS. 999-1005 OF 1997 [ARISING OUT OF S.L.P. (C) NOS. 18380- 86 OF 1996] WITH CIVIL APPEAL NOS. 1006-1316 OF 1997 [ARISING OUT OF S.L.P. (C) NOS.
20293/96, 20662/96, 21726/96, 21824- 26/96, 22224-502/96, 22771/96, 23196- 97/96, 23199/96, 23700-703/96, 23744/96,23747-48/96, 23761/96, 23763/96, 23766/96, 23775-76/96, 24285/96,24315/96,24320-22/96, 24325- 26/96, 24328-29/96 & 24224/96 WITH INTERLOCUTORY APPLICATION NO.1 IN CIVIL APPEALS [ARISING OUT OF S.L.P.(C)NOS.
24224/96,24285/96,24315/96,24320- 22/96, 24325-26/96 & 24328-29/96.
Civil Appeals Nos. 999 to 1316 of 1997 with I.A. No. 1 in C.As. arising out of SLPs. (C) Nos. 24224, 24285, 24315, 24320-22, 24325-26 and 24328-29 of 1996, decided on February 20, 1997.
passed by Madhya Pradesh High Court respectively in Misc. Petitions No. 1371 of 1992 M.P. No. 1980 of 1992 and M.P. No. 2315 of 1992. All the said Misc. Petitions were filed before the Madhya Pradesh High Court under Article 226 of the Constitution.
passed by Madhya Pradesh High Court respectively in Miscellaneous Petitions Nos. 1371, 1980 and 2315 of 1992. All the said miscellaneous petitions were filed before the Madhya Pradesh High Court under Article 226 of the Constitution * The changes have been underlined.
(SCC HAS UNIQUE STYLE)
18. There are certain norms followed at SCC for giving case names.
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Budh Prakash Jai Prakash v. Sales Tax Officer, Kanpur [1952 A.L.J. 332] Budh Prakash Jai Prakash v. STO Indian Aluminium Cables Limited vs. State of Haryana Indian Aluminium Cables Ltd. v. State of Haryana Trilok Nath Tiku & Another v. State of Jammu & Kashmir and Others Triloki Nath Tiku v. State of J & K (I) R. Chitralekha and Anr. v. State of Mysore & Ors. 1964 (6) SCR 368 at 388 and Triloki Nath v. J & K State 1969 (1) SCR 103 at 105 and K.C. Vasanth Kumar v. Karnataka 1985 Supp. (1) SCR 352 R. Chitralekha v. State of Mysore and Triloki Nath v. State of J & K (II) and K.C. Vasanth Kumar v. State of Karnataka Minor P. Rajendran V. State of Madras & Ors. 1968 (2) SCR 786 at 790 P. Rajendran v. State of Madras State of Andhra Pradesh V. P. Sagar 1968 (3) SCR 595 State of A.P. v. P. Sagar K.S. Venkataraman and Bharat Kala Bhandar Ltd. v. M.C. Dhamangaon K.S. Venkataramanan and Bharat Kala Bhandar Ltd. v. Municipal Committee
19. Words like Section, Sec., Rule etc. are omitted, and only the number of the Section/Rule is given at the beginning of the quoted extract.
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Sec 2 (h). terrorist act has the meaning assigned to it in sub-section (1) of Section 3, and the expression terrorist shall be construed accordingly; 2 (h) terrorist act has the meaning assigned to it in sub-section (1) of Section 3, and the expression terrorist shall be construed accordingly; Rule 11. No refund of duties or charges erroneously paid, unless claimed within three months -- No duties or charges which have been paid or have been adjusted in an account current maintained with the Collector 11. No refund of duties or charges erroneously paid, unless claimed within three months.-- No duties or charges which have been paid or have been adjusted in an account current maintained with the Collector RULE 233B. Procedure to be followed to cases where duty is paid under protest.-- (1) Where an assessee desires to pay duty under protest he shall deliver to the proper officer a letter to this 233-B. Procedure to be followed in cases where duty is paid under protest. (1) Where an assessee desires to pay duty under protest he shall deliver to the proper officer a letter to this
20. Margin heading and the first clause/sub-section or initial matter of section/rule etc. is made to run-on, instead of being let to start from a fresh line.
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Liability of person to whom money is paid or thing delivered by mistake or under coercion-- 72. A person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it.
72. Liability of person to whom money is paid or thing delivered, by mistake or under coercion.-- A person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it.
Sec 424. Refund of automobile accessories tax.
(a) No refund shall be made of any amount paid by or collected from any manufacturer, producer, or importer in respect 424. Refund of automobile accessories tax. (a) No refund shall be made of any amount paid by or collected from any manufacturer, producer, or importer in respect Section 3, which is the charging Section, reads:- 3. Duties specified in the Schedule to the Central Excise Tariff Act, 1985 to be levied.
(1) There shall be levied and collected in such manner as may be prescribed duties 175. Section 3, which is the charging section, reads:
3. Duties specified in the Schedule to the Central Excise Tariff Act, 1985 to be levied. - (1) There shall be levied and collected in such manner as may be prescribed duties
21. Compressing of unquoted referends and use of *** for such parts.
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six months, the words five years were substituted.
Explanation (ii)relevant date- means, (a) in the case of excisable goods on which duty of excise has not been levied or paid or has been short- levied or short-paid (c) in any other case, the date on which the duty is to be paid under this Act or the rules made thereunder;
six months, the words five years were substituted.
Explanation.-- (1)-(2) * * * (3) (i) * * * (ii) relevant date means, -- (a) in the case of excisable goods on which duty of excise has not been levied or paid or has been short-levied or short-paid (c) in any other case, the date on which the duty is to be paid under this Act or the rules made thereunder,
(i)..
(ii)..
(iii) where the landlord of any building is (1) a serving or retired Indian Soldier as defined in the Indian Soldiers (Litigation) Act, 1925 (IV of 1925) and such building was let out at any time before his retirement, or (2) and such landlord needs such building for occupation by himself or the members of his family for residential purposes, (i)-(ii) * * * (iii) where the landlord of any building is- (1) a serving or retired Indian Soldier as defined in the Indian Soldiers (Litigation) Act, 1925 (IV of 1925), and such building was let out at any time before his retirement, or (2) * * * and such landlord needs such building for occupation by himself or the members of his family for residential purposes,
22. Series of dots in the raw texts (i.e., ..) are replaced with ellipsis (i.e., ).
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so to say into the administration.that no better formula could be produced than the one that is embodied in clause (3) of Article 10 of the Constitution; they will find that the view of those who believe and hold that there shall be equality of opportunity has been embodied in sub-clause (1) of Article
10. It is a generic principle Supposing for instance, we are to concede in full the demand of those communities who have not been so far employed in the public services to the fullest extent, what would really happen is, we shall be completely destroying the first proposition upon which we are all agreed, namely, that there shall be in an equality of opportunity.I am sure they will agree that unless you use some such qualifying so to say into the administration that no better formula could be produced than the one that is embodied in sub-clause (3) of Article 10 of the Constitution; they will find that the view of those who believe and hold that there shall be equality of opportunity, has been embodied in sub-clause (1) of Article 10. It is a generic principle.
Supposing for instance, we are to concede in full the demand of those communities who have not been so far employed in the public services to the fullest extent, what would really happen is, we shall be completely destroying the first proposition upon which we are all agreed, namely, that there shall be in an equality of opportunity. I am sure they will agree that unless you use some such qualifying
23. Removal of abbreviations: sec., R. and cl. are substituted respectively with Section, Rule or clause.
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Having regard to the object and language of s. 34 of the I.T. Act, 1922, s. 147 of the I.T. Act, 1961, and s. 8 of the Surtax Act, 1964, the reopening of an assessment can only be for the benefit of the Revenue subject to one exception, Having regard to the object and language of Section 34 of the I.T. Act, 1922, Section 147 of the I.T. Act, 1961, and Section 8 of the Surtax Act, 1964, the reopening of an assessment can only be for the benefit of the Revenue subject to one exception, it would not be in accordance either with cl.
(1) of Art. 15 or cl. (2) of Art. 29 to require the consideration of the castes of persons to be borne in mind for determining what are socially and educationally backward classes. It is true that cl. (4) of Art. 15 contains a non-obstante clause with the result it would not be in accordance either with clause (1) of Article 15 or clause (2) of Article 29 to require the consideration of the castes of persons to be borne in mind for determining what are socially and educationally backward classes. It is true that clause (4) of Article 15 contains a non-obstante clause with the result * The changes have been underlined.
24. Hyphenation has been added after the section/rule numbers, which have alphabets, suffixed to them.
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SCOPE OF SECTIONS 11B, 11D, 12A, 12B, 12C AND 12D OF THE CENTRAL EXCISE ACT, 1944
Sections 11B and 11D in Chapter II and Sections 12A, 12B, 12C and 12D in Chapter II-A are now to be considered:- 11B. Claim for refund of duty (1) Any person claiming refund of any duty of excise may make an application for refund of such duty to the Assistant Commissioner of Central Excise before the Scope of Sections 11-B, 11- D, 12-A, 12-B, 12-C and 12-D of The Central Excises and Salt Act, 1944 Sections 11-B and 11-D in Chapter II and Sections 12-A, 12-B, 12-C and 12-D in Chapter II-A are now to be considered:
11B. Claim for refund of duty.- (1) Any person claiming refund of any duty of excise may make an application for refund of such duty to the Assistant Collector of Central Excise before the * The changes have been underlined.
25. Indentation For example SCC style of presentation of quoted extracts in separate indented paragraphs applied to raw text.
Raw text obtained from Registry SCC Page As Chinnappa Reddy, J. in Vasanth Kumar has rightly observed, Always one hears the word efficiency as if it is sacrosanct and the sanctorum has to be fiercely guarded. Efficiency is not a mantra which is whispered by the Guru in the Sishyas ear. 57. As Chinnappa Reddy, J. in Vasanth Kumar has rightly observed: (SCC p.739, para 36) Always one hears the word efficiency as if it is sacrosanct and the sanctorum has to be fiercely guarded.
Efficiency is not a mantra which is whispered by the Guru in the Sishyas ear. 26. Removal of full stops or removal of word No..
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The appellant says that each of these R.S.Os. maintains an office, a stock yard and other necessary paraphernalia for receiving, stocking, repairing and delivering motor vehicles to their customers. The appellant says that almost seventy percent of its sales are to parties other than State Transport Undertakings S.T.Us. The sales to S.T.Us., are in the region of thirty percent of its production. The R.S.Os., the appellant says, contact the local purchasers and the S.T.Us., book the order and also deliver the vehicles to them pursuant to sales effected by them. The appellant always keeps the R.S.Os. well stocked having regard to their requirements.
By way of illustration, it is stated, the R.S.O. at Hyderabad The appellant says that each of these RSOs maintains an office, a stock yard and other necessary paraphernalia for receiving, stocking, repairing and delivering motor vehicles to their customers. The appellant says almost seventy per cent of its sales are parties other than State Transport Undertakings (STUs). The sales to STUs are in the region of thirty per cent of its production.
The RSOs, the appellant says, contact the local purchasers and the STUs book the orders and also deliver the vehicles to them pursuant to sales effected by them. The appellant always keeps the RSOs well stocked having regard to their requirements. By way of illustration, it is stated, the RSO at Hyderabad All the three special leave petitions namely S.L.P.
(Civil) No. 19279 of 1995, S.L.P. (Civil ) No. 20137 of 1995 and S.L.P. (Civil ) No. 19796 of 1995 are directed against common judgment dated 9.5.1995
2. All the three special leave petititions namely SLP (Civil) No. 19729 of 1995, SLP (Civil ) No. 20137 of 1995 and SLP (Civil ) No. 19796 of 1995 are directed against common judgment dated 9-5-1995 * The changes have been underlined.
27. Giving full forms of abbreviations to enhance readability and clarity.
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from legal consequences and therefore, they are also guilty of the offence u/s 201 IPC.
from legal consequences and therefore, they are also guilty of the offence under Section 201 IPC . * The changes have been underlined.
In addition to the above, capitalization and italicization is made wherever necessary in the raw text; and punctuation, articles, spellings and compound words are also checked and corrected, if required, in the original text.
8. The copyright protection finds its justification in fair play. When a person produces something with his skill and labour, it normally belongs to him and the other person would not be permitted to make a profit out of the skill and labour of the original author and it is for this reason the Copyright Act, 1957 gives to the authors certain exclusive rights in relation to the certain work referred in the Act. The object of the Act is to protect the author of the copyright work from an unlawful reproduction or exploitation of his work by others. Copyright is a right to stop others from exploiting the work without the consent or assent of the owner of the copyright. A copyright law presents a balance between the interests and rights of the author and that of the public in protecting the public domain, or to claim the copyright and protect it under the copyright statute. One of the key requirements is that of originality which contributes, and has a direct nexus, in maintaining the interests of the author as well as that of public in protecting the matters in public domain. It is a well-accepted principle of copyright law that there is no copyright in the facts per se, as the facts are not created nor have they originated with the author of any work which embodies these facts. The issue of copyright is closely connected to that of commercial viability, and commercial consequences and implications.
9. The development of copyright law in India is closely associated with the British copyright law. Statute of Anne, the first Copyright Act in England, was passed in 17th century which provided that the author of any book already printed will have the sole right of printing such book for a term mentioned therein. Thereafter, came the Act of 1814, and then the Act of 1842 which repealed the two earlier Acts of 1709 and 1814. The Copyright Act of 1911 in England had codified and consolidated the various earlier Copyright Acts on different works. Then came the Copyright Act of 1956. In India, the first Copyright Act was passed in 1914. This was nothing but a copy of the Copyright Act of 1911 of United Kingdom with suitable modifications to make it applicable to the then British India. The Copyright Act of 1957, which is the current statute, has followed and adopted the principles and provisions contained in the U.K. Act of 1956 along with introduction of many new provisions. Then came the Copyright (Amendment) Act, 1983 which made a number of amendments to the Act of 1957 and the Copyright (Amendment) Act, 1984 which was mainly introduced with the object to discourage and prevent the widespread piracy prevailing in video films and records. Thereafter, the Copyright (Amendment) Act, 1994 has effected many major amendments in the Copyright Act of 1957.
10. In the present case, the questions which require determination by the Court are :
(1) What shall be the standard of originality in the copy-edited judgments of the Supreme Court which is a derivative work and what would be required in a derivative work to treat it the original work of an author and thereby giving a protected right under the Copyright Act, 1957 to the author of the derivative work ? and
(2) Whether the entire version of the copy-edited text of the judgments published in the appellants law report SCC would be entitled for a copyright as an original literary work, the copy-edited judgments having been claimed as a result of inextricable and inseparable admixture of the copy-editing inputs and the raw text, taken together, as a result of insertion of all SCC copy-editing inputs into the raw text, or whether the appellants would be entitled to the copyright in some of the inputs which have been put in the raw text ?
11. Copyright is purely a creation of the statute under the 1957 Act. What rights the author has in his work by virtue of his creation, are defined in Sections 14 and 17 of the Act. These are exclusive rights, but subject to the other provisions of the Act. In the first place, the work should qualify under the provisions of Section 13, for the subsistence of copyright. Although the rights have been referred to as exclusive rights, there are various exceptions to them which are listed in Section 52.
12. We are mainly concerned for the purpose of these appeals with Sections 2 [clauses (k), (o), (y)], 13(1), 14(1)(a), 17, proviso (d) and 52(1)(q)(iv) of the Copyright Act, 1957. The relevant provisions of these Sections are as under:
2. Interpretation.- In this Act, unless the context otherwise requires, - xxx xxx xxx (k) "Government work" means a work which is made or published by or under the direction or control of –
(i) the Government or any department of the Government;
(ii) any Legislature in India;
(iii) any Court, Tribunal or other judicial authority in India; xxx xxx xxx (o) "literary work" includes computer programmes, tables and compilations including computer databases; xxx xxx xxx (y) "work" means any of the following works, namely:-
(i) a literary, dramatic, musical or artistic work;
(ii) a cinematograph film;
(iii) a sound recording; 13. Works in which copyright subsists. –
(1) Subject to the provisions of this section and the other provisions of this Act, copyright shall subsist throughout India in the following classes of works, that is to say, -
(a) original literary, dramatic, musical and artistic works;
(b) cinematograph films; and
(c) sound recording, (2) Copyright shall not subsist in any work specified in sub-section (1), other than a work to which the provisions of section 40 or section 41, apply, unless –
(i) in the case of a published work, the work is first published in India, or where the work is first published outside India, the author is at the date of such publication, or in a case where the author was dead at that date, was at the time of his death, a citizen of India;
(ii) in the case of an unpublished work other than a work of architecture, the author is at the date of the making of the work a citizen of India or domiciled in India; and (iii) in the case of a work of architecture, the work is located in India.
Explanation.- In the case of a work of joint authorship, the conditions conferring copyright specified in this sub-section shall be satisfied by all the authors of the work.
(3) Copyright shall not subsist –
(a) in any cinematograph film if a substantial part of the film is an infringement of the copyright in any other work;
(b) in any sound recording made in respect of a literary, dramatic or musical work, if in making the sound recording, copyright in such work has been infringed.
xxx xxx xxx 14. Meaning of copyright. (1) For the purposes of this Act, "copyright" means the exclusive right, subject to the provisions of this Act, to do or authorise the doing of any of the following acts in respect of a work or any substantial part thereof, namely:-
(a) in the case of a literary, dramatic or musical work, not being a computer programme, -
(i) to reproduce the work in any material form including the storing of it in any medium by electronic means;
(ii) to issue copies of the work to the public not being copies already in circulation;
(iii) to perform the work in public, or communicate it to the public;
(iv) to make any cinematograph film or sound recording in respect of the work;
(v) to make any translation of the work;
(vi) to make any adaptation of the work;
(vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub-clauses (i) to (vi);
xxx xxx xxx 17. First owner of copyright.- Subject to the provisions of this Act, the author of a work shall be the first owner of the copyright therein:
Provided that - xxx xxx xxx (d) in the case of a Government work, Government shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein;
xxx xxx xxx 52. Certain acts not to be infringement of copyright.- (1) The following acts shall not constitute an infringement of copyright, namely:
- (a) .
xxx xxx xxx (q) the reproduction or publication of - (i) xxx xxx xxx (iv) any judgment or order of a Court, Tribunal or other judicial authority, unless the reproduction or publication of such judgment or order is prohibited by the Court, the Tribunal or other judicial authority, as the case may be;
xxx xxx xxx
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