Civil Procedure Code, 1908, Section 16, 20, Order 7, Rule 10 -- Jurisdiction - Court concluding that it has no jurisdiction - Recording of finding on merits not permissible - Only course open to Court is to return plaint to be presented before proper forum...........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Lack of jurisdiction - Return of plaint - Court passing interim order without having jurisdiction - Before returning plaint, Court to recall and vacate the interim order, which was passed without jurisdiction to enable plaintiff to obtain a valid order from the proper court..........
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, Order 7, Rule 10 -- Return of plaint on the ground of jurisdiction - Suit for cancellation of sale deed - Jurisdiction of Civil Court to try suit barred u/s 331 of UPZA and LR Act, as such, plaint is liable to be returned for presentation before appropriate Court - Application allowed...........
Civil Procedure Code, 1908, Order 7, Rule 10, 11, Arbitration and Conciliation Act, 1996, Section 8 -- Return/rejection of plaint - Existence of arbitration agreement - Court below returned the plaint on the ground of existence of arbitration agreement ignoring the fact that defendant no.2 has no binding agreement with plaintiffs containing arbitration clause enforceable..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint for presentation in a Court having jurisdiction - Plaintiff has every right to amend the plaint before it is presented in the proper court - Plaintiff need not to take permission of any Court for its amendment before it is presented before the proper Court...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Proceedings filed by a party alone can be returned to him - Proceedings filed by another party cannot be returned to him - Written statement filed cannot be returned to plaintiff...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Want of jurisdiction - Court shall return the vakalath and documents filed by plaintiff when plaint is returned for want of jurisdiction - However, it shall not give plaintiff written statement or documents or other proceedings filed by other party...........
