Civil Procedure Code, 1908, Section 20, Order 7, Rule 10, Trade Marks Act, 1999, Section 134, Copyright Act, 1957, Section 62 -- Return of plaint - Infringement of trade mark - Plaintiff a company registered in Kolkata and having its subsidiary office in Delhi - Defendants situated in Gujarat - Plaintiff has not claimed that defendants have any presence in Delhi or that..........
Trade Marks Act, 1999, Section 134, 135, Copyright Act, 1957, Section 55, 62, Civil Procedure Code, 1908, Section 19, 20, 151, Order 7, Rule 10, 11(a), (b) -- Composite suit restraining infringement of trade mark, copyright and rendition of accounts - Jurisdiction - Suit filed in a Court at place `A' - Held, once composite suit restraining infringement of trade mark,..........
Civil Procedure Code, 1908, Order 1, Rule 3, Civil Procedure Code, 1908, Order 1, Rule 5, -- When in respect of one of the causes of action, Court has no territorial jurisdiction to try the suit, O.1.R.3, O.1.R.5, O.2.R.3 CPC cannot be invoked...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Territorial jurisdiction - Declaration of title - Relief of declaration sought in relation to property outside territorial jurisdiction of Court - Plaintiff cannot on one hand contend that partnership subsisted and without suing in the name of firm seek a declaration that agreements are void, nor can he..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406 -- Quashing of charge-sheet - Offence u/s 406 IPC - Business transaction between two companies - Dispute regarding payment of money between them - Informant has also filed civil suit for recovery of amount, but same was dismissed on account of territorial jurisdiction - Applicants are mere..........
Civil Procedure Code, 1908, Section 20, 22, 23 -- Territorial jurisdiction - Suit filed in a Court can also be conveniently tried in another Court which also has the territorial jurisdiction - Appropriate High Court can transfer the suit by applying principle of forum convenience...........
Civil Procedure Code, 1908, Section 20(c) -- Territorial jurisdiction - Cause of action - Court cannot refuse to exercise jurisdiction on the ground that a substantial part of cause of action does not arise within its jurisdiction...........
Civil Procedure Code, 1908, Section 20(c) -- Cause of action - Has no relation whatsoever with the defence set up by defendant nor does it depend upon character of relief prayed for by plaintiff - In ascertaining as to whether or not concerned Court has territorial jurisdiction, Court should take the facts pleaded in support of cause of action into consideration without..........
Civil Procedure Code, 1908, Section 20(c), Order 7, Rule 10 -- Territorial jurisdiction - Cause of action - Recovery suit - Execution of loan agreement and default in payment of EMIs under loan agreement arrived at within jurisdiction of trial Court - Place where contract is executed and payments were made, form a part of cause of action - Trial Court is bound to entertain..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue regarding territorial jurisdiction of Court ought to be tried as a preliminary issue...........
