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february 1984

Supreme Court of India · 1984-02-21

GRAMOPHONE COMPANY OF INDIA LTD. vs BIRENDRA BAHADUR PANDEY & ORS.

Citation / case number
SC 1983/65996
Court
Supreme Court of India
Petitioner
GRAMOPHONE COMPANY OF INDIA LTD.
Respondent
BIRENDRA BAHADUR PANDEY & ORS.
Author
O. CHINNAPPA REDDY
Bench
O. CHINNAPPA REDDY

Judgment text excerpt

The Supreme Court held that international law can be incorporated into municipal law without explicit legislative action, provided it does not conflict with existing statutes. The Court clarified that the term 'import' in Section 53 of the Copyright Act, 1957 encompasses more than mere entry into India, requiring a consideration of the goods' integration into local commerce. The appeal was allowed, reversing the High Court's decision that dismissed the writ petition of the appellant-company regarding the unauthorized importation of cassettes.

GRAMOPHONE COMPANY OF INDIA LTD. vs BIRENDRA BAHADUR PANDEY & ORS. · Niyam