Therefore the mere absence of a termination clause cannot lead to the inference that the contract is perpetual. On the contrary the absence of termination clause together with absence of any stipulation as regards duration thereof would lead to the conclusion that the contract is terminable at will by either party.
The submission that there has been a perpetual assignment or partial assignment of the right to publish the books according to us is fallacious. It is true that when a right to publish is granted, there is an assignment. But that assignment is co-terminus with the agreement. The right to publish cannot exist independently of the agreement.
Kolkata High Court (Appellete Side)
Bench Judgement Of This Court In ... vs State And Anr. Reported In 1991 ... on 5 November, 2014
Present:
Hon'ble Justice Girish Chandra Gupta
And
Hon'ble Justice Shib Sadhan Sadhu,
Citation; AIR 2015(NOC)187 HP