9911796707
TMI Blog1931 (2) TMI 11X X X X Extracts X X X X X X X X Extracts X X X X ..... rrect or not. Admittedly the applicant published copies of a paper called Lokaiat Samachar, which he produced by means of a Roneo duplicator, and the point is whether such production, which is called cyclostyling, can be considered to be printing within the meaning of the Act, and whether a Roneo duplicator can be considered a printing press within the meaning of Section 4. 3. The Magistrate and the Sessions Judge have both given their reasons for holding that a Roneo duplicator can be considered a printing press and that cyclostyling by means of such a duplicator will amount to printing. It is true that the question is one riot free from difficulty, and plausible arguments may be addressed both for and against the view taken by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ture, and the second refers to the exposition of the language of one Act by the language of another. As regards the first passage from Maxwell, I can see no justification for the view that the legislature, when enacting Act 25 of 1667, intended to include typewriters, duplicators or such, like machines within the scope of the Act; whilst, as regards the second, although it is true that one Act may be interpreted or explained by another Act, which is in pari materia, still, even taking the definition of a printing press, as has been done by the Magistrate, from the subsequent Act of 1908, we are met with the same difficulty, because printing is not therein defined, but a printing press is only defined, as including all engines, machinery ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e definition in the Act or the context shows that the legislature used the word in different senses. 8. Now the word printing occurs several times in Act 25 of 1867, and according to this canon it must be given the same meaning throughout, unless there is reason to believe that it has been used in different senses. There is nothing I think in the Act from which that can be inferred: on the contrary, the use of the word lithographed in the preamble and in Section 9 of the Act would show that the word printed must be used in its strict and narrow sense throughout and that, where lithographed copies are to be brought within the Act, that has been specially mentioned. It is true that the word print has a wide meaning in the English l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... luded under the Engraving Copyright Act of 1734, though it had not been invented till more than a century after the Act was passed; but it may be noted that in the very words of the Act, which he has quoted, it is stated or in any other manner copying prints and engravings , and photography would be one method of copying. There is however no such general clause that I can find in any of the definitions or sections of Act 25 of 1867. The Act refers to the processes then known and does not add any words of general import. It cannot therefore be construed to include processes which were not then known or contemplated. 10. I am of opinion therefore that the view taken by the Courts below is incorrect, that the paper produced by the applican ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
