Law:

Section:

(a) Copyright Ordinance (XXXIV of 1962)-------Ss. 10(2)(2-A) & 80---National Book Foundation Act (XIX of 1972), S.6---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Reproduction of educational materials--¬Application for registration of copyright---Interim injunction, grant of---Defendants, a statute of body, were selling books after incorporating on its opening page their own logo and words "Reproduced by National Book Foundation", while printing on its back page logo and name of National Book Foundation with names of various cities, where National Book Foundation was available---Defendant could not produce any document showing grant of permission by original owner to National Book Foundation or Federal Government to incorporate such name on books and sell them in, the market---Section 10(2-A) of the Copyright Ordinance, 1962 could not be read in isolation, rather the whole S. 10(2) had to be read, otherwise entire Ordinance would become redundant---In absence of any authority to the contrary available with Government, case for grant of injunction had been made out which was granted accordingly. (b) Civil Procedure Code (V of 1908)--- ----O.VII, R.11---Rejection of plaint---Essential considera¬tions ---Necessity of recording evidence to arrive at just decision---Principles illustrated. Application under Order VII, Rule 11, C.P.C., can be entertained and looked into only after the plaint has been read. Rejection of plaint has to be based upon the plain reading of plaint. It has to appear on the face of it. The defence taken in written statement shall not be considered as basis for rejection of plaint. In cases, where in order to come to a just and fair decision, it is necessary to investigate the matter, then evidence has to be recorded. ORDER The parties have filed applications under Order 39, rules 1 and 2 under Order 39; rule 4 and Order 7, rule 11, C.P.C., all the three applications were heard. Counter-affidavits have been filed against the applications. Briefly the facts of the case are that the plaintiff claims copyright books under the Trade Mark NELSON. The plaintiff has alleged their these books which, are primarily used by schools are…

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