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IP Case Digest · Code of Civil Procedure s.20

Section 20, Code of Civil Procedure: case law

3 judgments of the Delhi High Court, the Rajasthan High Court and 1 other court applying Code of Civil Procedure s.20, from 2023–2025, each with a headnote by BRB Legal.

3judgments
3courts
2023–2025years

Zee Entertainment Enterprises Limited v. Mohalla Tech Private Limited, CS(COMM) 745/2023

Delhi High Court · Dismissed

Application to return the plaint for want of territorial jurisdiction dismissed. The Court held that the defendant's platforms and websites are accessible throughout India including Delhi, so part of the cause of action arose there, and that section 20(c) of the Code accords dominus litis to the plaintiff to sue where the cause of action wholly or in part arises. It distinguished authorities arising from licence agreements on the footing that this suit alleged unauthorised exploitation of the plaintiff's repertoire and asserted no contractual right.

M/s Chouki Dhani v. M/s Choukhi Dhani Resorts Pvt. Ltd. (S.B. Civil Revision Petition No. 19/2006)

Rajasthan High Court · Set aside

Revision allowed and the plaint directed to be returned under Order VII Rule 10 CPC for presentation to a court having territorial jurisdiction. The suit was founded on passing off rather than infringement, neither the trade name nor the artistic work being registered in the plaintiff's name, so the plaintiff could not invoke section 134(a) and (b) of the Trade Marks Act or section 62 of the Copyright Act to sue where it carried on business. Jurisdiction was therefore governed by section 134(c) read with section 20 CPC, and the defendant resided and carried on business at Rajkot. The averments of a cause of action arising at Jaipur were bald and casual, and the Court described them as illusionary and made simply to invoke that forum. The trial court had wrongly assumed the plaintiff held a registration and had wrongly deferred the question to the evidence stage.

Other provisions of the Code of Civil Procedure

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