- (1.) THE West Bengal Board of secondary Education has made this application, inter alia, for an injunction restraining the defendants from printing or publishing or selling "notes on parijat Readers, Book One". This is a text book in English for Class VI It consists of 17 writings in prose and 12 in verses. The name or names of the author or authors of the writings in prose does not or do not appear in the book. Of the 12 verses also 3 are by anonymous authors and the rest by well-known English poets.
(2.) THE petitioner's complaint is that the defendants have published a book called, ''notes on Parijat Readers, book One" and are selling that book in the market by infringing the plaintiff's copy-right in the original text book,
(3.) MR. S. K. Acharya, learned counsel for the respondents, contends that the application is not maintainable. A copy of a so-called assignment, says mr. Acharya, has been annexed to the petition by the alleged author of the prose writings and anonymous verses which does not appear to be a genuine document. The assignment is dated the 9th April 1965. With reference to a book "published by the West Bengal board of Secondary Education" ; whereas, the book in question, it appears, was first published in 1965. Secondly Mr. Acharya says that assuming that there has been an assignment, it is an assignment without consideration and, therefore, void.;