Supreme Court clarifies Suit section 62 of the Copyright Act or section 134 of the Trade Marks Act to be filed plaintiff is residing or carrying on business if cause of action wholly or partly has also arise there
Supreme Court in Indian Performing Rights Society Ltd. vs. Sanjay Dalia held that the provisions of section 62 of the Copyright Act and section 134 of the Trade Marks Act have to be interpreted in the purposive manner and clarified that if the plaintiff is residing or carrying on business etc. at a place where cause of action, wholly or in part, has also arisen, he has to file a suit at that place. The Court observed that under Section 62 of the Copyright Act and Section 134 of the Trade Marks Act, an additional forum has been provided by including a District Court within whose limits the plaintiff actually and voluntarily resides or carries on business or personally works for gain. The object of the provisions was to enable the plaintiff to institute a suit at a place where he or they resided or carried on business, not to enable them to drag defendant further away from such a place also as is being done in the instant cases. The Court held that the expression “no...