SUMITRA NANDAN GUPTA Vs. COPYRIGHT BOARD

JUDGEMENT

(1.) Shri Sumitra Nandan .Gupta by means of this petition under Articles 226 and 227 of the Constitution of India has prayed for the issuance of a writ for quashing the order dated July 7, 1966, of the Copyright Board and for restraining the Board fKrom dealing with the application of respondent No. 3. The respondents in the petition are the Copyright Board respondent No. 1, the Registrar of Copyrights respondent No. 2, Shri Urmila Charan Gupta respondent No. 3 and Shri Charushila Sharan Gupta, father of the petitioner, respondent No. 4.

(2.) The matter relates to copyright in the 38 works of the famous Hindu poet, Shri Maithili Sharan Gupta, who died in December, 1964. ri Urmila Charan Gupta respondent No. 3 and Shri Charushila Sharan Gupta respondent No. 4 are the son and brother respectively of late Shri Maithili Sharan Gupta. Shri Maithili Sharan Gupta had two other brothers, Shri Siyaram Sharan Gupta and Shri Ram Kishor Gupta. Shri Siyaram Sharan Gupta died in 1962 and the petitioner under a will is his legal representative. Shri Ram Kishor Gupta too is dead, On September 19, 1960 the petitioner filed a statement of particulars in respect of 38 works of Shri Maithili Sharan Gupta. According to that statement the petitioner was the publisher and owner and that the copyright in the said works was jointly held by Shri Maithili Sharan Gupta, Shri Siyaram Sharan Gupta, Shri Charushila Sharan Gupta respondent No. 4 and Shri Sumitra Nandan Gupta petitioner. The particulars of the works, in accordance with the above statement, were entered in the register of copyrights.

(3.) An application dated November 22, 1965, under Sections 49 and 50(b) of the Copyright Act, 1957 (14 of 1957) (hereinafter referred to as the Act) was filed by respondent No. 3 on the allegation that Shri Sumitra Nandan Gupta petitioner and his father had got the copyrights in the aforesaid works of Shri Maithili Sharan Gupta entered in their name in the register of copyrights by making false representation. The entries were alleged to have been wrongly made and as such were liable to be expunged. According to respondent No. 3 the position of the petitioner and his father was that of a licensee of the copyright for printing and publishing and that they were wrongly asserting that they were the sole owners and assignees of the copyright. Prayer was accordingly made that the entry in the copyright register in respect of the above works of Shri Maithili Sharan Gupta be expunged and the registration certificate issued to the petitioner and his father be cancelled and revoked.