Queen-empress v. Banka Patni And Ors

Queen-empress v. Banka Patni And Ors

(High Court Of Judicature At Calcutta)

| 13-01-1896

Authored By : S.C. Ghose, Robert Fulton Rampini

S.C. Ghose and Robert Fulton Rampini, JJ.

1. We think that the Judge has taken a right view in thismatter. It appears to us that the word "publisher" has been used inthe Act XXV of 1867 in a restricted sense, and does not include booksellerssuch as the accused are. Section 12 of the Act refers to Section 3; and,looking at this latter section, it seems to be clear enough that the accusedcould not be regarded as publishers" within the meaning of that section,for it enjoins the printing of the names of the printer and"publisher." The accused are not booksellers by profession, and theyare ignorant people, and it could never have been, intended to bring such menwithin the operation of the Act. We, therefore, set aside the conviction asrecommended by the Judge.

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Queen-Empress vs.Banka Patni and Ors. (13.01.1896 -CALHC)



Advocate List
Bench
  • S.C. Ghose
  • Robert Fulton Rampini, JJ.
Eq Citations
  • (1896) ILR 23 CAL 414
  • LQ/CalHC/1896/12
Head Note

ILR 19 Cal 32, 34 Piracy and Copyright — Copyright Act, 1867 — S. 12