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1940 (5) TMI 26

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..... cases under Section 16, Press and Registration of Books Act (Act 25 of 1867), may be set aside. The cases were started on the complaint of the Sub-Deputy Magistrate in charge, Book registration, Cuttack, to the effect that the accused did not deliver to his office, as required under the provisions of Section 9 of Act 25 of 1867, copies of two pamphlets printed in Oriya, namely, (1) Appeal to Gua .....

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..... before the Sessions Judge of Cuttack who has made the reference to this Court. The learned Sessions Judge is of opinion that either of the two documents in respect of which the accused has been convicted is a book as defined in Act 25 of 1867. In Section 1 of the Act a book is defined as follows: Book Includes every volume, part or division of a volume, and pamphlet, in any language, and ev .....

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..... covers; (2) More specifically, a treatise of the size and form above described on some subject or question of current or temporary interest, personal, social, political, ecclesiastical, or controversial, on which the writer desires to appeal to the public. 4. In Concise Oxford Dictionary the meaning of pamphlet given is Small unbound treatise, esp. on subject of current interest. Accordi .....

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..... exhaustive. He lays stress on the word 'includes.' In other words, his contention is that book may include documents other than those specifically mentioned in the definition. To accept this argument would make the definition useless. 5. I should like to observe that the penalty prescribed by Section 16 of Act 25 of 1867 is that the printer shall for every such default forfeit to t .....

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