1.         Copyright Act, Section 62  - Trade Marks Act, section 134 -  It was also submitted that as the bulk of litigation of such a nature is filed at Delhi and lawyers available at Delhi are having expertise in the matter, as such it would be convenient to the parties to contest the suit at Delhi - Such aspects are irrelevant for deciding the territorial jurisdiction - It is not the convenience of the lawyers or their expertise which makes out the territorial jurisdiction. (2016)3 PLRSC 915
  2.         Copyright Act, Section 62  - Trade Marks Act, section 134 - In a case where cause of action has arisen at a place where the plaintiff is residing or where there are more than one such persons, any of them actually or voluntarily resides or carries on business or personally works for gain would oust the jurisdiction of other place where the cause of action has not arisen though at such a place, by virtue of having subordinate office, the plaintiff instituting a suit or other proceedings might be carrying on business or personally works for gain  Head office of complainant at Mumbai, Offence at Mumbai, New Delhi where subordinate office is situated shall not have jurisdiction - CPC Section 20. (2016)3 PLRSC 915


Register SCeJ  Free Updates*

Supreme Court e@journal

Subscribe or take a 4 week FREE trial 

Note: Please fill out the fields marked with an asterisk.