Copyright Act, 1955-ss. 51 and 53-word 'import' meaning of. Character of order under s. 53-quasi judicial.

International Law-Whether becomes part of municipal law without aid of municipal statute-Whether override municipal law in case of conflict.

International Law Rule regarding right of land-locked states of innocent passage of goods across another state.

Practice-Courts must interpret national law in a way so as to avoid confrontation with international law.

Interpretation Rule of While interpreting words of ordinary parlance reference to dictionaries of no avil.

By treaty and by international convention, India allows transit facilities to Nepal, its neighbour and a land-locked country. A company based in Kathmandu, Nepal imported a consignment of pre-recorded cassettes from Singapore which was awaiting its despatch to Nepal at Calcutta Port. As the appellant company suspected those cassettes to be unauthorised reproductions of its records and cassettes, the import of which into India was prohibited, tho appellant-company moved the Ragistrar of Copyrights for action under s.53 of the Copyright Act, 1957 which enables the Registrar, after making such en- quaries as he deemed fit, to order that copies made, out of india of a work which if made in India would infringe copyright, shall not be imported. As the Registrar did not take expenditious action, the appellant-company moved the High Court by a writ petition. A single Judge made an interim order permitting the appellant-companý, to inspect the consignment and if any of the cassettes Were found to have infringed the appellant's copyright, they were to be kept apart until further orders of the Registrar. The Registrar was directed to deal with the application of the appellant-company in accordance with law.. The consignee preferred an appeal against this order of the single Judge. A' Division, Bench of the High Court allowed the appeal and dismissed the writ petition of the appellant- company. The Division Bench held that there was no importation when the goods entered India en route to Nepal. The Division Bench was of the view that the word 'import' did not merely mean bringing the goods into India, but comprehended something more, that is, "incorporating and mixing, or mixing up of. the goods imported with the mass of the property in the local area". The company obtained special leave to appeal. The questions which arose were: (1) whether international law is, of, its own force, drawn into the law of the land without the aid of a municipal statute, (ii) whether, so drawn, it overrides municipal law in case of conflict; (iii) whether there is any well established rule of international law on the question of the right of land-locked states to inno- cent passage of the goods across, the soil of another state; and (iv) what is the meaning of the word "impon' usco in 8.53 of the Copyright Act.

Allowing the appeal