Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Corporate Law

Supreme Court Refers Trademark Jurisdiction Conflict Under Commercial Courts Act to Larger Bench

Case Law Details

TaxGuru Citation
2026 taxguru.in 13512
Case Name
I.S.D.S. Private Limited & Anr. Vs Khemka Food Products Pvt. Ltd. & Anr. (Supreme Court of India)
Appeal Number
Premium Access
Date of Judgement/Order
Premium Access
Subscribe to download.

Already Upgraded? Log in.

Advertisement

I.S.D.S. Private Limited & Anr. Vs Khemka Food Products Pvt. Ltd. & Anr. (Supreme Court of India)

Can a Civil Judge Try Trademark Infringement Suits Despite Section 134 Bar? Supreme Court Refers Conflict to Larger Bench

The Supreme Court has referred to a larger Bench an important jurisdictional question concerning the interplay between section 134 of the Trade Marks Act, 1999 and the Commercial Courts Act, 2015.

Section 134 expressly prohibits the institution of specified trademark suits before any court inferior to a District Court having jurisdiction. However, several High Courts, exercising powers under the Commercial Courts Act, have notified Courts of Civil Judge (Senior Division) as Commercial Courts for disputes falling within particular pecuniary limits.

The issue is whether such a notification can confer jurisdiction upon a Civil Judge (Senior Division) to entertain a trademark infringement suit despite the express statutory restriction contained in section 134 of the Trade Marks Act.

The Supreme Court observed that the legislative command contained in a Parliamentary enactment cannot ordinarily be diluted through notifications issued by different High Courts. However, noticing apparently conflicting precedents, the matter was directed to be placed before the Chief Justice of India for constitution of an appropriate larger Bench.

Want to Read the Complete Judgment?

You have read the free case summary. Unlock the full judgment, the detailed judicial reasoning and the downloadable PDF, along with every other premium judgment on TaxGuru.

Read on with Premium
Goes straight to payment. GST invoice included.

One subscription covers the entire premium judgment library, not just this case.

Advertisement

Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 7,653

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.