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july 2015

Supreme Court of India · 2015-07-01

Indian Performing Rights Society Ltd vs Sanjay Dalia & Anr

Citation / case number
AIR 2015 SUPREME COURT 3479
Court
Supreme Court of India
Petitioner
Indian Performing Rights Society Ltd
Respondent
Sanjay Dalia & Anr
Author
Arun Mishra
Bench
Arun Mishra, Jagdish Singh Khehar

Judgment text excerpt

The Supreme Court interpreted Section 62 of the Copyright Act, 1957 and Section 134(2) of the Trade Marks Act, 1999, clarifying that a plaintiff can file a suit where they carry on business, irrespective of where the cause of action arises. The Court held that the High Court's interpretation, which required the cause of action to be linked to the jurisdiction, was incorrect. The appeal was allowed, setting aside the High Court's order that dismissed the amendment application and upheld the objection regarding territorial jurisdiction.

Indian Performing Rights Society Ltd vs Sanjay Dalia & Anr · Niyam