Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue regarding territorial jurisdiction of Court ought to be tried as a preliminary issue...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of Court or Tribunal as party - Neither Court nor Presiding Officer defended order before superior Court - If High Court in exercise of its writ jurisdiction or revisional jurisdiction calls for records, same can always be called for by High Court without impleading Court or presiding Officer as party...........
Civil Procedure Code, 1908, Section 20 - - Jurisdiction - Corporation - Means not only the statutory corporation but companies registered under the Companies Act - Corporation/Company can be sued at a place having its sole or principal office and where cause of action wholly or in part, arises at place where it has also a subordinate office at such place...........
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...........
Copyright Act, 1957, Section 62, Trade Marks Act, 1999, Section 134(2), Civil Procedure Code, 1908, Section 20 -- Jurisdiction of Court - In a case where cause of action has arisen at a place where plaintiff is residing or where there are more than one such persons, any of them actually or voluntarily resides or carries on business or personally works for gain would oust..........
Copyright Act, 1957, Section 62, Trade Marks Act, 1999, Section 134(2), Civil Procedure Code, 1908, Section 20 -- Infringement of copyright - Jurisdiction of Court - S.62 of Copyright Act and S.134(2) of Trade Marks Act, provides additional forum to plaintiff to institute a suit at a place where he or any of them resides or carries on business or personally works for gain..........
Civil Procedure Code, 1908, Section 21, Order 2, Rule 2 -- Relinquishment of a portion of suit in order to bring the suit within jurisdiction of Court - Relinquishment should be made before institution of suit and not after instituting a suit - This provision is not applicable when relinquishment is after institution of a suit and that too before a court without..........
Civil Procedure Code, 1908, Section 21 -- Jurisdiction - Objection as to place of suing shall not be entertained by any appellate or revisional court unless such objection was taken in the Court of first instance and that too at the earliest possible opportunity...........
Civil Procedure Code, 1908, Section 21 -- Jurisdiction - For determining jurisdiction, entire averments in plaint, legal rights set up in plaint, source of legal rights, whether they emanate from any statute or under the common law mentioned in the plaint, reliefs claimed in plaint, valuation shown in the plaint for the purpose of jurisdiction etc. are relevant factors -..........
