Trade Marks Act, 1999, Section 134 -- Jurisdiction of Court - Infringement of trade mark - Registered proprietor or a registered user of trademark may institute an infringement suit where plaintiff resides or carries on business even if cause of action does not arise at that place...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 7, Rule 10 -- Rejection/return of plaint - Jurisdiction of Court - Infringement of trade mark - Suit filed at the place where plaintiff resides and has his principal place of business - Registered proprietor or a registered user of trademark may institute an infringement suit where plaintiff..........
Civil Procedure Code, 1908, Section 104(2), Order 43, Rule 1(r) -- Appeal - Not maintainable against an order in appeal filed U.O.43.R.1(r) CPC - Once an appellate Court has exercised jurisdiction U.O.43.R.1(r) CPC, does not provide a further appeal under the same rule...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - If in an exceptional case Court feels need to travel beyond scope of writ petition and make observations, the least a party is entitled to is an opportunity to explain and defend themselves...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Practice of catching parties by surprise by writ Courts travelling beyond the scope of issues in question is disapproved...........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Moulding of relief - Courts possess jurisdiction to mould relief so as to do complete justice between parties...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Commercial dispute - Bar of civil Court jurisdiction - Commercial dispute of a specified value which is cognizable only by Commercial Court and not by Civil Court - Plaint rightly returned for presentation to proper Court of jurisdiction...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Object of S.10 CPC is to prevent Courts of concurrent jurisdiction from simultaneously trying two parallel suits in respect of same matter in issue - S.10 CPC empowers Court to stay proceeding in subsequent suit if it was necessary to avoid two parallel trials and conflicting findings on same issue, which..........
Civil Procedure Code, 1908, Order 7, Rule 11, Family Courts Act, 1984, Section 7(1)(c) -- Rejection of plaint - Jurisdiction of Family Court - Suit for declaration between parties to marriage - Husband seeks declaration that property is his property - Wife stated that property was purchased for her benefit - Subject matter of suit arose out of marital relationship of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of summons - Directions issued: (a) In all cases filed u/s 138 of the Act, service of summons shall not be confined through prescribed usual modes but shall also be issued dasti i.e. summons shall be served upon accused by complainant in addition; This direction is necessary as a large number of..........
