| Citation(s) |
|---|
| 1964 SLG 183 1964 SLD 183 1964 PLD 337 |
Supreme Court of Pakistan
Civil Appeals Nos. 26-D of 1961 and 2-D of 1963, decision dated: 5th March 1964. dates of hearing: 16th, 17th, 20th and 21st May 1963
S. A. RAHMAN, A. C.J., FAZLE-AKBAR,B. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ
A. K. Brohi and Ghias Muhammad Senior Advocates Supreme Court (Muhammad Akram, Shafiqur Rahman and Muhammad Nadir Advocates Supreme Court with them) instructed by Siddiq & Co. Attorneys for Appellant (Defendant No. 2). S. R. Pal Senior Advocate Supreme C
Civil Appeals Nos. 26-D of 1961 and 2-D of 1963, decision dated: 5th March 1964. dates of hearing: 16th, 17th, 20th and 21st May 1963
S. A. RAHMAN, A. C.J., FAZLE-AKBAR,B. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ
A. K. Brohi and Ghias Muhammad Senior Advocates Supreme Court (Muhammad Akram, Shafiqur Rahman and Muhammad Nadir Advocates Supreme Court with them) instructed by Siddiq & Co. Attorneys for Appellant (Defendant No. 2). S. R. Pal Senior Advocate Supreme C
S. SIBTAIN FAZLI
VS
(1) STAR FILM DISTRIBUTORS and (2) MUHAMMAD ALI KHAN
Law:
Section:
(a) Contract-Misrepresentation by one party made to other arty-Such other party abandoning one of its rights under contract believing the misrepresentation to be a true state of facts- bandonment, held, of no legal effect. (b) Contract Act (IX of 1872), S. 20-Parties to contract both under misapprehension as to a relevant fact and one party abandoning a right under contract as result of such misapprehension-Such abandonment does not affect rights of party abandoning such right-Principle of S. 20 applicable. (c) Contract-(Transfer of rights in cinema film)-Distributor of film mentioned as transferor to deed of transfer-Producer owner of film confirming transfer to same deed-Producer-owner also becomes in law the transferor. (d) Copyright Act (III of 1914), S. 1 (2)-Act became law on copyright In Dominion of India and Dominion of Pakistan on partition of sub-continent of India-Two Dominions inter se, however, were foreign countries for each other-Copyright, having origin in one country not protected in the other-Copyright Act (English), 1911, (1, 11 Geo. V Ch. 46) still applicable in Pakistan---Copyright Act (English), 1911, S. 31-Negatives any copyright apart from provisions of Act-Equity, justice, and good conscience no foundation for copyright-Copyright in accordance with Indian law does not entitle holder to copyright in Pakistan---Refusal of copyright in respect of film does not rule out declaration of right in respect of dupe negative. (e) Sale of Goods Act (III of 1930), S. 18-Property in dupe negative (of cinema film) does not pass to third party when dupe negative had not yet come into possession of Distributor-Goods unascertained-Basic rule for passing of property in goods "according to intention of parties." (f) Specific performance-Suit for declaration and mandatory injunction may be treated as one for specific performance after taking into consideration substance of plaint-(Suit treated as one for specific performance by Kaikaus, J., Cornelius, C. J., and Fazle-Akbar, J., agreeing; Hamoodur Rahman, J. contra)-Conversion of suit to one for specific performance at late stage (in appeal before Supreme Court)-Prejudicial to defendants who may be…
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