items of activities had also been shown to be from a common source both in the account books and also in the bank accounts maintained ... were furnished by the existence of common management, common business organisation, common administration, common fund and a common place of business. The Supreme Court also
Their contention is that as they prepared from a common source, the answers became similar.
12. The third complaint is that the chart showing ... they received help from each other or took help from a common source.
We also compared the answer of petitioners
labour even in such works. On the defense plea of common source it was held : " A person relying on it must show that ... went to the common source from which he borrowed, employing his skill, labour and brains and that he did not merely do the work
similarity in both the books. The defendant attributes the similarity to common sources from which both the books have been compiled and common ideas dealt ... defendant instead of taking the pains of searching into all the common sources; and obtaining his subject-matter from them availed himself of the labour
novelty and originality
is not destroyed by its being taken from source common to mankind.
A design is not registrable, inter alia ... this
section, is not destroyed by its being taken from a source common to
mankind...The novelty may consist in the applicability to the article
alleged Research and Development of a product which comes from a common source. The applicant has not disclosed how if at all it has acquired ... instruction manual and instructions contained in the manual are from the common source and the same is given free of cost to the purchaser
plaintiff to urge that a compilation derived from a common source falls within the ambit of literary work. In Govindan v. Gopalakrishna , it was held ... quoted since it will defeat the defence of "common source" of all others. But for urging such a legal issue, the appellants
this section, is not destroyed by its being
taken from a source common to mankind...The novelty may
consist in the applicability to the article ... change or
difference in the design, although, it may have a common source.
A mere trade variant without significant and substantial
noticeable features would destroy
similarity of answers could be a result of cramming from a common source and cannot per se be evidence of any conspiracy between the crammers ... institution and could have crammed the answers from a common source. It is difficult to accept the said contention of Mr. Nanda because there
closely linked', if they emanate
from a common source, being an order or contract or an agreement or an
arrangement, and the nature, characteristic ... terms of such transactions
substantially flow from the said common source. The following extract from the
said Guidance Notes is worthy of notice