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of <h1>Court affirms jurisdiction based on Trade Marks Journal ads, allowing Delhi suit. Appeal maintainability clarified.</h1> <h3>Jawahar Engineering Co. and Ors. Versus Javahar Engineering Private Ltd.</h3> The Court determined jurisdiction based on advertisements in the Trade Marks Journal, allowing the suit to proceed in Delhi. The appeal's maintainability ... - Issues:Jurisdiction of the Court to try the suit, maintainability of the appeal, determination of a preliminary issue, interpretation of the judgment of the Supreme Court, jurisdiction under Section 20 of the Code of Civil Procedure.Analysis:1. Jurisdiction of the Court: The suit was filed by the respondents against the defendants based on a registered trade mark for diesel oil engines. The issue of jurisdiction arose concerning the Court's authority to try the suit. The Court considered evidence, including advertisements in journals, to determine jurisdiction. The Court held that advertisements in the Trade Marks Journal published by the Registrar of Trade Marks at Delhi conferred jurisdiction on the Courts in Delhi.2. Maintainability of the Appeal: The defendants appealed against the decision of the Single Judge. A preliminary objection was raised regarding the appeal's maintainability. The Court considered the scope of an appeal under the Letters Patent or Section 10 of the Delhi High Court Act, relying on the Supreme Court's judgment, which overruled previous decisions and affirmed a wider view on the scope of a Letters Patent appeal.3. Determination of a Preliminary Issue: The Court discussed whether the determination of the preliminary issue in the case was final. It was noted that if the Court lacked jurisdiction, the plaint could be returned as per Order 7, Rule 10 of the Code of Civil Procedure. The Court emphasized that the decision on jurisdiction was of a prima facie nature and not final, allowing for the return of the plaint at any stage of the suit.4. Interpretation of the Supreme Court Judgment: The Court analyzed the Supreme Court's judgment, emphasizing that a preliminary judgment could take different forms. It was clarified that even if the objection regarding jurisdiction succeeded, the suit would not be dismissed but the plaint would be returned for re-presentation to the proper Court.5. Jurisdiction under Section 20 of the Code of Civil Procedure: The Court considered Section 20 of the Code, which allows a suit to be filed where the cause of action arises. In the present case, the Court determined that jurisdiction existed based on the advertisement in the Trade Marks Journal and the nature of the relief sought, which was an injunction to prevent a threatened breach of a registered trade mark.In conclusion, the Court accepted the preliminary objection, dismissed the appeal, and highlighted that parties could raise jurisdictional issues after the suit's final decision. The Court clarified that the determination of jurisdiction was preliminary and subject to review based on further developments in the case.
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