Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Jurisdiction - Territorial jurisdiction - Determination of-In view of s.62 of Copyright Act and s.134 of Trade Marks Ac |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Jurisdiction - Territorial jurisdiction - Determinationof-In view of s.62 of Copyright Act and s.134 of Trade MarksAct- Held: Accrual of cause of action is sine qua non for asuit to be filed- s. 20 of CPC provides institution of suit wherethe cause of action arises - s. 62 and 134 only provide for anadditional forum - The provisions uls. 62 and 134 have to beinterpreted in a purposive manner - The interpretation hasto be such which prevents the mischief of causinginconvenience to parties - The mischief or defect ofinconvenience I deterrence to the plaintiff in the existing law(s.20 CPC) was sought to be removed by s. 62 and 134 -The avoidance of counter mischief to the defendant is alsonecessary while giving relief to the plaintiff- Such a counter-mischief was unforeseen by Parliament- It is court's duty tomitigate the counter-mischief - Right to approach the legalremedy cannot be made farce or oppressive - Thus, if theplaintiff is residing or carrying on business etc. at a placewhere cause of action, wholly or in part, has also arisen, hehas to file suit at that place - In the present case, since theprincipal place of business of the plaintiff was Mumbai andcause of action also arose there, the provisions of ss. 62 and134 would not confer jurisdiction an Delhi Court, just becausethe plaintiff had his branch office in Delhi - Copyright Act,1957-s.62- Trade Marks Act, 1999-s.134- Code of CivilProcedure, 1908 - s.20 - Interpretation of Statutes -Administration of Justice.lnterpretation of Statutes:Heydon's Mischief rule - Discussed.Words and Phrases - 'Cause of action' - Meaning of- Discussed. |
Judge | Hon'ble Mr. Justice Arun Mishra |
Neutral Citation | 2015 INSC 452 |
Petitioner | Indian Performing Rights Society Ltd. |
Respondent | Sanjay Dalia&anr. |
SCR | [2015] 8 S.C.R. 210 |
Judgement Date | 2015-07-01 |
Case Number | 10643-10644 |
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