Supreme Court of India
Indian Performing Rights Society Ltd. v. Sanjay Dalia&anr.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
For the aforesaid reasons mentioned by us in the judgment, we are not inclined to interfere with the orders passed by the High Court.
Judgment, page 53
From the headnote
Jurisdiction - Territorial jurisdiction - Determination c of-In view of s.62 of Copyright Act and s.134 of Trade Marks Act- Held: Accrual of cause of action is sine qua non for a suit to be filed- s. 20 of CPC provides institution of suit where the cause of action arises - s. 62 and 134 only provide for an additional forum - The provisions uls. 62 and 134 have to be interpreted in a purposive manner - The interpretation has to be such which prevents the mischief of causing inconvenience to parties - The mischief or defect of inconvenience I deterrence to the plaintiff in the existing law
Authorities it was built on
- 1957 Kanai Lal Sur v. Paramnidhi Sadhukhan
- 2011 Narmada Bachao Andolan v. State of Madhya Pradesh & Anr.
- 2002 Padmasundara Rao (dead) and Ors. v. State of T.N. and Ors.
- 1955 Tirath Singh v. Bachittar Singh and Others
- 1958 N. T. Veluswami Thevar v. G. Raja Nainar and Others
- 2008 J.C. Budhraja v. Chairman, Orissa Mining Corpn. Ltd. & Anr.
- 2002 M/s Grasim Industries Ltd. v. Collector of Customs, Bombay
- 1972 Hira Lal Rattan Lal Etc. Etc. v. State of U.P. and Anr. Etc. Etc.
- 2004 Milment Oftho Industries and Ors. v. Allergan Inc.
- 2005 M/s. Dhodha House v. S.K. Maingi
- 1991 Patel Roadways Limited, Bombay v. Prasad Trading Company
- 2004 New Moga Transport Company, through its Proprietor Krishanlal Jhanwar v. United India Insurance Co. Ltd. and Ors.
- 2007 Rosaliv. v. Taico Bank and Ors.
- 2000 Rajasthan High Court Advocates Association v. Union of India and Ors.
- 1977 Busching Schmitz Private Ltd. v. P. T. Menghani and Anr.
- 2009 Sonic Surgical v. National Insurance Company Ltd.
- 2013 M/s. Paragon Rubber Industries v. M/s. Pragathi Rubber Mills & Ors.
- 2008 Mohd. Ashique v. State of Maharashtra
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