Supreme Court of India · 1965-01-20
RAJA SOAP FACTORY AND OTHERS vs S. P. SHANTHARAJ AND OTHERS
- Citation / case number
- SC 1964/90440
- Court
- Supreme Court of India
- Petitioner
- RAJA SOAP FACTORY AND OTHERS
- Respondent
- S. P. SHANTHARAJ AND OTHERS
- Bench
- SHAH, J.C.
Judgment text excerpt
The Supreme Court held that the High Court of Mysore lacks original jurisdiction to entertain a passing off action under Section 105 of the Trade and Merchandise Marks Act, 1958, unless specifically conferred by law. The Court clarified that while it has appellate jurisdiction, it cannot exercise original jurisdiction in matters not expressly within its cognizance. The Court also stated that the inherent powers under Section 151 of the Code of Civil Procedure do not grant jurisdiction where it is not conferred by law. The appeal was allowed, and the High Court's order was set aside.