Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1908: s.20(c) Code of Civil Procedure Or. 7 rr. JO and 11 - Territorial jurisdiction - Agreement stipulating that terms/ conditions contained therein to be interpreted in accordance with laws of Hongkong - Breach of agreement - Suit filed in Delhi - Maintainability of - Held: Applicability of law is distinct and different from cause of action - Since part of cause of action arose in Delhi suit filed in Delhi is maintainable-Application of defendant under Or. 7 rr. 10 and 11 rightly rejected by High Court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Civil Procedure, 1908: s.20(c), Or. 7, rr. 10 and 11 - Territorial jurisdiction - Agreement stipulating that terms/ conditions contained therein to be interpreted in accordance with laws of Hongkong - Breach of agreement - Suit filed in Delhi - Maintainability of - Held: Applicability of law is distinct and different from cause of action - Since part of cause of action arose in Delhi, suit filed in Delhi is maintainable - Application of defendant under Or. 7 rr. 10 and 11 rightly rejected by High Court. Cost - Imposed by court - On defendant for filing application to delay progress of suit - Interference with - Held: Not called for.Words and phrases: 'Cause of action' - Meaning of.The plaintiff company-respondent No.1 was incorporated under the laws of Hongkong and engaged in the business of trading PCB product under the name and style of 'Prodigy Electronics'. The defendant-appellant joined plaintiff company for marketing PCB products. In September, 2004, an employment contract was entered into between the defendant and the plaintiff company. The terms of employment contract stipulated that on resignation or termination, the employee would not engage himself in a similar or competitive business for two years nor would he contact or solicit any customer or the supplier with whom the plaintiff company conducted business during the employment and that the defendant would maintain confidentiality. Clause 18 of the agreement declared that terms and conditions of the agreement would be interpreted in accordance with the laws of Hongkong. The defendant tendered his resignation and his employment came to an end in December, 2004. The plaintiff company found that the defendant contacted potential customers of the company and informed them that he was representing plaintiff company. The defendant also participated in the Trade Fair in Delhi in 2005 and used the goodwill and the trade name of the plaintiff company. The plaintiff company filed a suit in Delhi High Court for permanent and mandatory injunction against the defendant as also for damages. It also filed an application for interim injunction restraining the defendant from using the trade name 'Prodigy'. The defendant filed written statement and also an application under Or. 7 rr. 10 and 11 CPC praying for rejection/return of the plaint for presentation to proper Court on the ground that the plaint disclosed no cause of action and that clause 18 of the agreement granted exclusive jurisdiction to Courts in Hongkong and on that ground also Delhi Court had no jurisdiction in the matter. The High Court dismissed the application and also imposed cost of Rs. 4000/-, holding that the agreement did not take away jurisdiction of the court and the application was filed only to delay the progress of the suit. Defendant challenged the said order by filing the present appeal. |
Judge | Hon'ble Mr. Justice C.K. Thakker |
Neutral Citation | 2007 INSC 1254 |
Petitioner | Laxman Prasad |
Respondent | Prodigy Electronics Ltd. And Anr. |
SCR | [2007] 13 S.C.R. 13 |
Judgement Date | 2007-12-10 |
Case Number | 5751 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |