AIR 2015 SUPREME COURT 3479 ::2015 AIR SCW 5275 ::(2014) 4 BomCR(Cri) 404 ::(2015) 2 WLC(SC)CVL 627 ::(2015) 2 Orissa LR 720 ::(2015) 2 CLR 458 (SC) ::(2015) 4 CivLJ 45 ::(2015) 3 All RentCas 776 ::(2015) 3 CivilCourtC 678 ::2015 (10) SCC 161 ::(2016) 2 RecCriR 213 ::(2016) 2 RecCivR 158 ::(2015) 7 Scale 574 ::(2015) 3 CurCC 153 ::AIR 2015 SC (Civil) 2263 ::(2015) 5 Bom CR 18 ::(2015) 4 All WC 4035 ::(2015) 3 Crimes 250 ::(2015) 1 DMC 791 ::(2016) 1 Mad LW 1 ::(2015) 5 Mad LJ 446 ::2015 (3) KLT SN 91 (SC) ::(2015) 4 KCCR 566 ::(2015) 4 Raj LW 2789 ::2014 AllMR(CRI) 3572 ::(2015) 6 AndhLD 65

Supreme Court Of India

(From : Delhi)*

Hon'ble Judge(s): Jagdish Singh Khehar, Arun Mishra , JJ

(A) Copyright Act (14 of 1957) , S.62— Trade Marks Act (47 of 1999) , S.134— Civil P.C. (5 of 1908) , S.20— Suit for infringement of Copyright or Trade Mark - Place of suing - Place where plaintiff resides or carries on business or works for gain - Is an additional forum made available to plaintiff by S.62 of 1957 Act and S. 134 of 1999 Act - Applicability of S. 20 of Code is not completely ousted thereby - If cause of action has arisen wholly or in part in place where plaintiff is residing or doing business suit has to be filed at such place - Plaintiff cannot drag defendant to far off place under guise that he carries business there also. Interpretation of Statutes - Mischief rule - Construction that suppresses even counter mischief has to be adopted.Interpretation of Statutes - Words notwithstanding anything contained in any other law - Do not always completely exclude applicability of other law.Words and Phrases - 'Notwithstanding anything contained............@page-SCW5276being in force' - Do not necessarily exclude applicability of other law. By section 62 of the Copyright Act and section 134 of the Trade Marks Act, an additional forum has been provided by including a District Court within whose limits the plaintiff actually and voluntarily resides or carries on business or personally works for gain. The object of the provisions was to e....