Topic
The Delhi High Court held that a trial court returning a plaint under Order VII Rule 10 can only adjudicate its own territorial jurisdiction, not that of other Delhi courts. This limits lower courts from pre-emptively deciding jurisdictional questions in commercial suits, affecting litigants and counsel across Delhi’s civil docket.
The Bombay High Court has directed trial courts to resolve pending injunction applications in commercial suits before any writ petition challenging status quo orders can be heard. This preserves the hierarchical integrity of civil litigation, prevents premature judicial interference, and ensures that interim relief is decided on merits by the court of first instance, not appellate writ jurisdiction.
The Bombay High Court ruled that 'ABSUN PHARMA' is deceptively similar to 'SUN PHARMA', constituting trademark infringement and passing off under Section 29(4) of the Trade Marks Act and common law. Exporting goods to Africa does not exempt the defendant from liability in India, reinforcing that consumer confusion in the domestic market is the decisive factor.