High CourtsDivision Bench(1910) 02 MAD CK 0037

In Re: Kanchi Doraisamy Mudaliar

Madras High Court · Decided on 28 February 1910 · Citation: 6 Ind. Cas. 683

HON’BLE JUDGES
Sankaran Nair, J · Munro, J

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Judgment

6 paragraphs · 149 words
1.

We do not think that the conviction under Sections 482 and 486, Indian Penal Code, can stand. The title-page of the alleged piracy and the

title-page of the complainant''s book are so different that we do not think any one is likely to have been misled. As to the illustration at the

commencement of the book, we do not think it can properly be regarded as either a trademark or a properly mark. We, therefore, set aside the

convictions under Sections 482 and 486, Indian Penal Code. The appellant is, however, clearly guilty under Sections 6 and 7 of Act IV of 1889.

In the title-page of his book he has put the word copyright which is proved to be a false trade description. We confirm the conviction under these

sections and reduce the fine imposed to Rs. 100 (one hundred) or 3 months'' simple imprisonment in default.