https://www.taxtmi.com/caselaws?id=237785 Special forum jurisdiction under Section 134(2) of the Trade Marks Act and Section 62(2) of the Copyright Act depends on the plaintiff actually residing, carrying on business, or personally working for gain within the forum. A plaintiff carries on business only where an essential part of its business is conducted there with sufficient control or business presence. Mere availability of goods, broadcast of programmes, or website accessibility in Delhi is not enough to establish jurisdiction, and online commerce does not alter the basic test. Absent a branch office, exclusive agent, or comparable substantial presence, the Delhi forum provisions are not attracted, and the plaint must be returned for want of territorial jurisdiction. en-us Fri, 04 Oct 2013 00:00:00 +0530 Tue, 08 Oct 2013 07:43:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=237785 Special forum jurisdiction under Section 134(2) of the Trade Marks Act and Section 62(2) of the Copyright Act depends on the plaintiff actually residing, carrying on business, or personally working for gain within the forum. A plaintiff carries on business only where an essential part of its business is conducted there with sufficient control or business presence. Mere availability of goods, broadcast of programmes, or website accessibility in Delhi is not enough to establish jurisdiction, and online commerce does not alter the basic test. Absent a branch office, exclusive agent, or comparable substantial presence, the Delhi forum provisions are not attracted, and the plaint must be returned for want of territorial jurisdiction. Case-Laws Companies Law Fri, 04 Oct 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=237785