Decided on August 01,2005



- (1.) THIS is an appeal under Sub-section (1) of Section 72 of the Copyright Act, 1957 against the order of the Registrar of Copyrights passed on 28th February, 2002 allowing the application filed by M/s Kangaro Industries, Ludhiana for registration of copyright in an artistic work.
(2.) Objection to the application was filed by Shri Jaininder Jain of Civil lines, Ludhiana through Shri Man Mohan Singh, Advocate on 28th October, 1999. It was diarised in the Registry on 9.12.1999 so it would be safe to assume that it was filed on that date though the communication sent by the advocate is dated 28.10.1999. The application for registration filed by M/s Kangaro Industries was received in the Registry on 30.11.1999. The Registrar heard the advocate for the objector, Shri Jaininder Jain, carefully considered the objections filed by Shri Jaininder Jain and by a reasoned order rejected the objections and allowed the application.
(3.) SMT. Kiran Jain was not an objector. She is the wife of the objector Shri Jaininder Jain. In many matters e.g. FAO(OS) 130 of 1997 before the High Court of Delhi, SMT. Kiran Jain was a party along with her husband Shri Jaininder Jain and her father in law Shri Janaki Dass Jain. In that matter she was represented by the same advocate as appeared for Shri Jaininder Jain before the Registrar. Hence, it would not be unreasonable to presume that she had the information in regard to the application made by M/s Kangaro Industries and yet she chose not to object.;

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