Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction of Court - Infringement of copy right - Accrual of cause of action is sine quo non for a suit to be filed - Cause of action is a bundle of facts which is required to be proved to grant relief to plaintiff - Cause of action not only refers to infringement but also the material facts on which right is..........
Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction of Court - Procedure to institute a suit with respect to S.134(1)(c) of Trade Marks Act in respect of `passing off' continues to be governed by S.20 CPC...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Immovable property situate outside territorial jurisdiction of Court - No relief an be granted - Held, counter claim not maintainable...........
Civil Procedure Code, 1908, Section 20(c) -- Territorial jurisdiction - Suit for recovery of money based on contract - Cause of action arises in such a suit at the place where offer is accepted and if suit is based on termination of contract then cause of action arises at the place where such termination order is received - Offer of petitioner was accepted at place `P' and..........
Civil Procedure Code, 1908, Section 20, Copyright Act, 1957, Section 62 -- Territorial jurisdiction - Infringement of copyright - Plaintiff has a branch office in Delhi from where it carries on its business - Substantial part of cause of action has arisen within territorial jurisdiction of Courts at Delhi - Averments in plaint, prima facie, satisfy requirements of both..........
Civil Procedure Code, 1908, Section 24(5), Order 7, Rule 10 -- Transfer of Appeal - Appeal filed in a Court having no territorial jurisdiction - Appellate Court can return the appeal by exercising power U.O.7.R.10 CPC - However, that will lad to unnecessary trouble in taking back the appeal and refiling the same with the competent Court - Invoking power u/s 24(5) CPC..........
Civil Procedure Code, 1908, Order 7, Rule 10, Hindu Marriage Act, 1955, Section 19 -- Return of plaint - Territorial jurisdiction - Plaint/petition is returnable U.O.7.R.10 CPC only where a finding about want of jurisdiction can be arrived at on the averments made in the plaint itself - Where allegation of defendant require enquiry and evidence is needed to arrive at a..........
Civil Procedure Code, 1908, Section 21, 100 -- Jurisdiction - Objection as to - Appellant raised objection as to place of suing but lower appellate Court allowed appeal without considering as to whether there was any failure of justice to appellant on account of lack of territorial jurisdiction - Impugned order set aside - Lower appellate court directed to decide appeal..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Maintainability of suit otherwise than on grounds of pecuniary and territorial jurisdiction - Can be gone into only in suit after registering plaint...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 32 -- Execution - Request for assistance of police beyond territorial limits of jurisdiction of Court cannot be entertained...........
