K C BOKADIA Vs. DINESH CHANDRA DUBEY

JUDGEMENT

(1.) THE following question arising in the case has been referred to the Full Bench :

(2.) RESPONDENT herein claims to be the author of the story entitled "benam Rishte" said to have been published in the magazine Filmi Duniya in March 1985. He alleges that the two applicants herein have made a film by name "naseeb Apna Apna" based on the story "benam Rishte". There was some delay in the initial proceedings for reasons which are not relevant at this stage, but ultimately the competent Court took cognizance and issued process R. F. 3 to the two accused persons who are the present applicants. They have filed this petition under Section 482, Criminal Procedure Code seeking to quash the proceedings. When the case was being heard by one of us (Bhat, C. J.), relying on a decision of the Division Bench of this Court in Mishra Bandhu Katyalaya v. S. Koshal, 1970 MPLJ 475 = AIR 1970 MP 261, it was argued that registration of copyright is mandatory and without registration, the complainant has no copy right which can be said to have been infringed and the person who claims a copy right has no legal remedy against any such alleged infringement. The question was referred to the Full Bench and that is how the matter has come before us. We have heard Shri S. S. Jha, Advocate for the applicants, Shri Rajendra Tiwari, Advocate with Shri I. K. Dwivedi, Advocate for the respondent as also the learned Advocate General who assisted the Court.

(3.) IN Mishra Bandhu Karyalaya's case, 1970 MPLJ 475 = AIR 1970 MP 261, this Court adverted to the provisions of the Copyright Act, 1957 (for short the Act) and came to the conclusion that registration was mandatory and without registration, no person can have a cause of action. We find that High Courts of Calcutta, Allahabad, Madras, Kerala and Patna have dissented from the view taken in Mishra Bandhu Katyalaya's case (See - Satsang v. Kiron Chandra, AIR 1972 Cal. 533, Nav Sahitya Prakash v. Anand Kumar, AIR 1981 All. 200. , M. C. Productions v. A. Sundaresan, AIR 1976 Mad 22, R. Madhavan v. S. K. Nayar, AIR 1988 Kerala 39, Radha Kishna v. State of Bihar, 1979 Cri. L. J. 757. The High Court of Orissa has taken a view in support of the view taken in Mishra Bandhu Katyalaya's case -See Brundaban Sahu v. Rajendra Subudhi, AIR 1986 Ori. 210.