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november 2013

Supreme Court of India · 2013-11-29

M/S PARAGON RUBBER INDUSTRIES vs M/S PRAGATI RUBBER MILLS .

Citation / case number
SC 2011/21648
Court
Supreme Court of India
Petitioner
M/S PARAGON RUBBER INDUSTRIES
Respondent
M/S PRAGATI RUBBER MILLS .
Author
A.K. SIKRI SURINDER SINGH NIJJAR
Bench
A.K. SIKRI SURINDER SINGH NIJJAR

Judgment text excerpt

The Supreme Court upheld the High Court's decision regarding the maintainability of a composite suit under the Copyright Act, 1957 and the Trade and Merchandise Marks Act, 1958. The Court clarified that Section 62(2) of the Copyright Act allows for jurisdiction to be determined based on the nature of the suit, and the High Court correctly set aside the trial court's order, allowing the plaintiff to amend the plaint for maintainability. The outcome affirmed the High Court's ruling and directed the trial court to consider the amendment application on its merits.

M/S PARAGON RUBBER INDUSTRIES vs M/S PRAGATI RUBBER MILLS . · Niyam