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TMI Blog1965 (1) TMI 66X X X X Extracts X X X X X X X X Extracts X X X X ..... on to the proper Court. Appeal allowed. - 771 OF 1964 - - - Dated:- 20-1-1965 - K.N. WANCHOO, J. C. SHAH, M. HIDAYATULLAH AND S. M. SIKRI, JJ. For the appellants : S. S. Khanduja and Ganpat Rai For the respondents : B. R. L. Iyengar, S. K. Mehta and K. L. Mehta JUDGMENT: The Judgment of the Court was delivered by Shah J. On May 5, 1964 the respondents-hereinafter called the plaintiffs -instituted in the High Court of Mysore an action in the nature of a passing off action against the appellants-hereinafter called the defendants--for a declaration that they "are exclusive owners of the trade mark consisting of the letters R.S.F. and No. 806", for a permanent injunction restraining the defendants from passing off their wash ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eaning assigned to that expression in the Code of Civil Procedure, 1908. Section 2(4) of the Code defines a "district" as meaning the local limits of the jurisdiction of a principal civil court called the District Court-and includes the local limits of the ordinary original civil jurisdiction of a High Court. If therefore a High Court is possessed of ordinary original civil jurisdiction, it would, when exercising that jurisdiction be included, for the purpose of Act 43 of 1958, in the expression "District Court". Exercise of jurisdiction by the High Court of Mysore is governed by Mysore Act 5 of 1962. The Act is purely a regulatory Act enacted for regulating the business and exercise of the powers of the High Court in relation to the adm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubordinate courts may exercise, and it is competent to entertain all actions as a court of original jurisdiction which may lie in any court in the State. For this exalted claim, there is no warrant in our jurisprudence. Jurisdiction of a Court means the extent of the authority of a Court to administer justice prescribed with reference to the subject-matter, pecuniary value and local limits. Barring cases in which jurisdiction is expressly conferred upon it by special statutes, e.g. the Companies Act; the Banking Companies Act, the High Court of Mysore exercises appellate jurisdiction alone. As a Court of Appeal it undoubtedly stands at the apex within the State, but on that account it does not stand invested with original jurisdiction in ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nferred by law. Reliance was sought to be placed upon the summary of a judgment dated June 6, 1962 in a case decided by Narayana Pai, J : Kaverappa v. Narayanaswamy, which is found printed under the heading "Short Notes of Recent Decision" in the Mysore Law Journal (1962) at p. 1. The learned Judge is reported to have observed that s. 24 of the Code of Civil Procedure "read along with s. 151 which preserves to the High Court all inherent powers to make such orders as may be necessary for ends of justice necessarily implies that whenever an extraordinary situation so requires, a High Court may confer original jurisdiction upon itself to do or protect ends of justice". It does not appear that the judgment is reported in any series of report ..... X X X X Extracts X X X X X X X X Extracts X X X X
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