Delhi High Court

Najma Heptulla v Orient Longman Ltd

AIR 1989 Del 6319891 min read
The case in brief30-second read
Facts
Maulana Azad dictated India Wins Freedom to Prof Humayun Kabir, who wrote it in English. Thirty pages were sealed for 30 years; Azad's heir sued to stop Orient Longman publishing them.
Issue
Who owned the copyright, and whether the heirs could challenge the 1958 publishing agreement.
Held
Azad and Kabir were joint authors because both contributed under a common design. The heirs, having accepted royalties for 30 years, were estopped from challenging the agreement. The injunction was vacated on the publisher giving security.
Principle
Where two people contribute intellectually to a work under a common design they are joint authors.
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Facts

  • Maulana Azad dictated India Wins Freedom to Prof Humayun Kabir, who wrote it in English. Thirty pages were sealed for 30 years; Azad's heir sued to stop Orient Longman publishing them.

Issue

  1. Who owned the copyright, and whether the heirs could challenge the 1958 publishing agreement.

Held

  • Azad and Kabir were joint authors because both contributed under a common design. The heirs, having accepted royalties for 30 years, were estopped from challenging the agreement. The injunction was vacated on the publisher giving security.

Cite this

Citation

Najma Heptulla v Orient Longman Ltd AIR 1989 Del 63

Reported: https://indiankanoon.org/doc/79757/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.