Legal Studies Question on Intellectual Property Rights Law

Question

Principle : No court can execute the decisions unless it is having territorial jurisdiction over the property or the person against whom decision is to be executed. The Court which gave the decision can transfer the matter to the court which has the territorial jurisdiction over the person or property.
Facts : A decision is given by court at New Delhi on a contractual matter against X in a suit between X and Y. X is resident of Maharashtra and he has properties in Maharashtra and Gujarat.
This question consists of legal principle(s) (hereinafter referred to as ‘principle‘) and facts. Such proposition may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this section. Principles have to be applied to the given facts to arrive at the most reasonable conclusion. Only one of the alternatives, i.e., (A), (B), (C), or (D) is the most reasonable conclusion. In other words, in answering the following questions, you must not rely on any principle except the principles that are given herein below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your ability in legal aptitude, study of law, research aptitude and problem solving ability even if the ’most reasonable conclusion‘ arrived at may be absurd or unacceptable for any other reason.

Accepted Answer

New Delhi court can transfer the proceedings to either of the courts i.e. Maharasthra or Gujarat

Legal Studies Question on Intellectual Property Rights Law

Solution