Madras High Court Clarifies Jurisdictional Issue: Wipro’s Appeal Allowed

Interpretation of Statutes is key to the operation of law. While the rules existent to this may be several, occasions do arise whereby the Courts take cognizance of the same, primarily where the scope of contrast and conflicting interpretations exist. The case of Wipro Ltd. & Anr. V. Oushadha Chandrika Ayurvedic India(P) Ltd. & Ors. [2008 (37) PTC 269] takes cognizance of one such occasion.

The question that came forth the Court centered around the jurisdiction of the Madras High Court to entertain suits filed under S. 134 of the Trade Marks Act, 1999 (Suit for infringement, etc. to be filed before the District Court) and S. 62(2) (Jurisdiction of Court over matters arising under this (Civil Remedies) Chapter) of the Copyright Act, 1957. The Single Judge had rejected the decision on the ground that no part of the cause of action had arisen within the jurisdiction of the Madras High Court, Oushada