WESTERN INDIA MATCH CO LTD Vs. HAJI ABBAS HUSSAIN MULLAH EHSAN ALI

JUDGEMENT

(1.) The question that arises for decision in this case is whether the City Civil Court, Hyderabad, whose presiding officer is the Additional Chief Judge, City Civil Court, has jurisdiction to try a suit instituted under the Trade Marks Act (V of 1940).

(2.) The suit was instituted on 9th August, 1954 under the Trade Marks Act in the Court of the First Judge, City Civil Court, Hyderabad, which had jurisdiction then over the Hyderabad city only. It is common ground that the suit was properly instituted in that Court and that it was the only Court in which it could have been instituted. But under the scheme of reorganisation of the Courts, the Government issued a Notification combining the two cities of Hyderabad and Secunderabad into a single unit under the jurisdiction of the City Civil Court, Hyderabad, and also prescribed the strength of its officers. The relevant part of the G.O. is as- follows :- "GOVERNMENT OF ANDHRA PRADESH Abstract. Courts-Civil and Criminal-Judicial set-up in Andhra Pradesh-Revision and reorganisation- Orders-Issued. HOME (COURTS-B) DEPARTMENT. G.O. Ms. No. 444 Dated 14th March, 1958.. Read the following :- 1. G.O. Ms. No. 2110, Home dated i8th December, 1957, Read also : 1. From the Registrar, High Court, ROC. No. 3302/56-B, Special, dated 17th July, 1957. 2. From the Inspector-General of Police, FOC. No. 1695/57 dated 20th December, 1957. 3. From the Deputy Registrar, High Court, D.O. No. 3305/56-8-1, dated 22nd February, 1958.

(3.) The Government have had under consideration for sometime past, the question of introducing a uniform judicial set-up in the Telangana and the Andhra area of the State and re. organising the judiciary in the twin cities of Hyderabad and Secunderabad. The proposals sent up to the High Court have been examined in detail in consultation with the Inspector-General of Police and the following orders are issued :-