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july 2015

Supreme Court of India · 2015-07-01

INDIAN PERFORMING RIGHTS SOCIETY LTD. vs SANJAY DALIA

Citation / case number
SC 2009/1156
Court
Supreme Court of India
Petitioner
INDIAN PERFORMING RIGHTS SOCIETY LTD.
Respondent
SANJAY DALIA
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, establishing that a plaintiff can file a suit in the jurisdiction where they carry on business, irrespective of where the cause of action arose. The Court held that the High Court's interpretation, which required the cause of action to be linked to the place of filing, was incorrect. Consequently, the appeals were allowed, affirming the plaintiff's right to sue in Delhi despite the cause of action arising in Mumbai.

INDIAN PERFORMING RIGHTS SOCIETY LTD. vs SANJAY DALIA · Niyam