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A', a resident of Delhi, files a suit at Delhi for infringement of Trade Mark by 'B', a resident of Mumbai, for using the Mark at Mumbai.
A
The court at Delhi has jurisdiction
B
The court at Delhi has no jurisdiction because 'B' is a resident of Mumbai and cause of action has arisen in Mumbai
C
The court at Delhi has jurisdiction with leave of court
D
The court at Delhi has jurisdiction only if 'A' does not have an office in Mumbai
Correct Answer:
The court at Delhi has jurisdiction only if 'A' does not have an office in Mumbai
A' a resident of Mumbai has a website 'www.caravan.co.in' launched in 2015. 'A' has a business of apparels in Mumbai having a trade mark 'CARAVAN'. The website is accessible from Delhi. 'B' a resident of Hyderabad starts a website 'www.caravaan.co.in' in 2017 having the same business. The website of 'B' consists of a catalogue, a toll free number, and an email address. 'A' wants to file a suit for passing off of trade mark in Delhi.
1. 'A' can file a suit in Delhi on the basis of accessibility of website of 'B'.
2. 'A' cannot file a suit merely on the accessibility of website.
3. 'A' cannot file a suit in Delhi as the website of 'B' is not interactive.
4. 'A' can file a suit if 'B' specifically targets the forum state resulting in harm to 'A' in forum State.
Choose the correct option from below:
A
Only 1 is correct
B
Only 3 and 4 are correct
C
Only 4 is correct
D
2, 3 and 4 are correct
In a contractual dispute between two parties A and B, A files a suit in New Delhi where the cause of action arose. Two days later, B files a suit in the same matter in Mumbai, where A is resident. The pendency of the first suit is not brought to the notice of the court in Mumbai. The court pronounces judgement in second suit before the first suit is decided. Would such decision operate as a bar on the court in New Delhi to try the suit any further?
A
Yes, the principle of res judicata will apply
B
No, the principle of res judicata only applies against 'former suits.' In this case, the suit in Mumbai was filed subsequent to the suit in Delhi and is therefore not a 'former suit.'
C
No, because the parties did not disclose the pendency of the previous suit to the Court in Mumbai
D
No, because the plaintiff in the first suit is not the plaintiff in the second suit
Train A travelling at 60 km/hr leaves Mumbai for Delhi at 6 pm. Train B travelling at 90 km/hr also leaves Mumbai for Delhi at 9 pm. Train C leaves Delhi for Mumbai at 9 pm. If all the three trains meet at the same time between Mumbai and Delhi, then what is the speed of train C if the distance between Delhi and Mumbai is 1260 km ?
A
60 km/hr
B
90 km/hr
C
120 km/hr
D
135 km/hr
To constitute a matter of res judicata which of the following conditions must concur?
1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit
2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition
3. The parties as aforesaid must have litigated under the same title in the former suit
4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition
5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of section 11 is to be read with this condition
A
1, 2
B
3, 4
C
2, 4, 5
D
All of these
A', an Indian citizen, enters into a contract with 'B', a US citizen based in the USA. Certain disputes arise under the contract, and 'B' files a suit in the matter in the civil court of New York. 'A' files a counter claim in the said suit. Subsequently, 'A' files a suit in the same matter in the jurisdictional Civil Court in New Delhi. Is the latter court barred from trying the suit?
A
Yes, since this will lead to multiplicity of proceedings
B
Yes, since by filing a counter claim A has accepted the jurisdiction of the courts of New York
C
No, because the pendency of a suit in a foreign court does not preclude courts in India from trying a suit based on the same cause of action
D
No, because A is the defendant in the first suit and the plaintiff in the second suit
Below is the list of cities nominated as the favorite city by tourists. Determine the city which has frequency 4. Mumbai, Delhi, Mumbai, Agra, Agra, Chennai, Bengaluru, Mumbai, Agra, Bengaluru, Chennai, Mumbai, Delhi
A
Mumbai
B
Delhi
C
Agra
D
Bengaluru
Which of the following statements relating to the trade unions under the Trade Unions Act, 1926 are not true?
1. Every registered trade union has to submit a half yearly return to the Registrar of Trade Unions.
2. Any person who has attained the age of eighteen can become an office bearer of the trade union.
3. Retired or retrenched employees of an organisation holding an office in a trade union shall not be construed as an outsider.
4. The number of outsiders working as office bearers in registered trade union functioning other than in an unorganised section shall be limited to eight.
A
1 and 2
B
1 and 4
C
2 and 3
D
1 and 3
Consider the following for the dissolution of trade unions under the Trade Union Act, 1926. Which of the following statement(s) is/are correct?
1. When a registered Trade Union is dissolved, notice of the dissolution is signed by nine members and by the Secretary of the Trade Union.
2. The notice of dissolution must be sent within ten days to the Registrar.
3. Where the dissolution of a registered Trade Union has been registered and the rules of the Trade Union donot provide forthe distribution of funds of the Trade Union on dissolution, the registrar shall divide the funds amongst the members in such manner as may be prescribed.
A
Only 2
B
Only 3
C
Both 1 and 3
D
All of the above
Which of the following statements are true/false?
1. Registered Trade Unions are registered under Section 2(e) of the Trade Union Act, 1926.
2. Trade Disputes are defined under Section 2(g) of the Trade Union Act, 1926.
3. The Application of registration of Trade Union is covered under Section 3.
4. The Chief Labour Commissioner will issue a certificate in the prescribed format confirming the registration of Trade Union.
A
1, 4 are true and 2, 3 are false
B
1, 2 are true and 3, 4 are false
C
2, 4 are true and 1, 3 are false
D
3, 4 are true and 2, 1 are false
Which of the following statements are true/false?
1. The Societies Registration Act, 1860 shall not apply to any registered Trade Union, and the registration of any such Trade Union under any such Act shall be void.
2. Trade Unions may be temporary or permanent.
3. Workmen means all persons employed in trade or industry whether or not in the employment of the employer with whom the trade dispute arises.
4. Every registered Trade Union shall be a body corporate by the name under which it is registered, and shall have perpetual succession and a common seal with power to acquire and hold both movable and immovable property and to contract, and shall by the said name sue and be sued.
A
1, 2, 3 and 4 are true
B
1, 3 are true and 2, 4 are false
C
2, 4 are true and 1, 3 are false
D
3, 4 are true and 2, 1 are false