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,..........
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' - Documents annexed with plaint and averments made in plaint prima facie..........
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) -- Jurisdiction - Corporation - When a plaintiff or a defendant is a corporation, carrying on business by such a corporation or a company necessarily has to be taken along with existence of a branch office or a principal office or registered office, with the place where cause of action also is said to have arisen...........
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, Section 20 -- Jurisdiction of Court - Cause of action arising at two places - Parties can restrict the place of institution of suit at any one of two places...........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Jurisdiction - Parties by agreement restricted jurisdiction to one out of Courts at two places - While considering application for return of plaint issue of jurisdiction cannot be left open by holding that issue of jurisdiction is a contentious one and that it required oral evidence when the same can be decided by..........
