AIR 1962 ANDHRA PRADESH 127 ::(1961) 2 Andh WR 255 ::1961 AndhLT 767 ::ILR (1962) A P 490

Andhra Pradesh High Court

Hon'ble Judge(s): Chandrasekhara Sastry , J

Trade Marks Act (5 of 1940) , S.73— City Civil Court, Hyderabad, presided Over by Additional Chief Judge has jurisdiction to try suit under Act - Effect of. G.O. Ms. Nos.444 and 555 of 1958 (Andha Pradesh). Section 73 bars the institution of a suit under the Act in any court inferior to a District Court. Prior to the scheme of reorganisation of courts in 1958, the City Civil Court, Hyderabad, was admittedly a District Court within the meaning of S.73. After the reorganization, the City Civil Court, Hyderabad, whose presiding officer is the Additional Chief Judge is not a court inferior to the City Civil Court, Secunderabad, whose presiding officer is the Chief Judge. There is nothing to indicate this in G.O. Ms. No.444 or G.O. Ms. No.555 of 1958 the City Civil Court is only one Court and the Courts presided over by the Chief Judge and the Additional Chief Judge are Courts of Co-ordinate jurisdiction. The City Civil Court, Hyderabad, presided over by the Additional Chief Judge has, therefore, jurisdiction to try a suit under the Trade Marks Act.(Para 6)