https://www.taxtmi.com/caselaws?id=171119 Section 62(2) of the Copyright Act, 1957 and Section 134(2) of the Trade Marks Act, 1999 create an additional forum for infringement suits at the place where the plaintiff actually and voluntarily resides or carries on business, overriding the Code of Civil Procedure and other laws. The expression "carries on business" was interpreted broadly to include business conducted through a branch office, not merely the principal place of business. At the jurisdictional threshold, only the plaint averments were relevant, and the defendants' counter-averments could not defeat the plaint. Because the suits fell within these special provisions, prior leave under Clause 12 of the Letters Patent was not required, and the plaint rejection was unsustainable. en-us Fri, 29 Feb 2008 00:00:00 +0530 Wed, 20 Dec 2023 17:32:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=171119 Section 62(2) of the Copyright Act, 1957 and Section 134(2) of the Trade Marks Act, 1999 create an additional forum for infringement suits at the place where the plaintiff actually and voluntarily resides or carries on business, overriding the Code of Civil Procedure and other laws. The expression "carries on business" was interpreted broadly to include business conducted through a branch office, not merely the principal place of business. At the jurisdictional threshold, only the plaint averments were relevant, and the defendants' counter-averments could not defeat the plaint. Because the suits fell within these special provisions, prior leave under Clause 12 of the Letters Patent was not required, and the plaint rejection was unsustainable. Case-Laws Companies Law Fri, 29 Feb 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=171119