1.
The
significance of concept of Jurisdiction is fundamental to the existence of our
operational Universe, our The Earth, the moons and various millions and
billions of Planets, who move within their specified Orbit, i.e. to say, they
move / rotate strictly within their “Jurisdiction”.
2.
In
legal parlance, Jurisdiction ordinarily signifies the competence of a
particular court/ tribunal to adjudicate dispute presented before it; it means
the authority of a court to inquire into the facts, apply the applicable law,
administer the justice by means of law, and pronounce the judgment and to carry
out its execution.
3.
However,
the concept of jurisdiction is not confined in its application to Courts, but
can safely be applied to every Statutory or Constitutional body, to every
Public servant / instrumentality of the State, the State as contemplated under
Article 12 of the Constitution.
4.
There
are three kinds of jurisdiction of courts, viz, pecuniary, territorial and
jurisdiction as to subject matter.
5.
The
parties while entering into contractual / business relationship, may ascertain
the place, where the Courts / Arbitration shall have the jurisdiction to
adjudicate upon the disputes that may arise in the future or may be in the
present, with the rider, that the place of jurisdiction of the Court so agreed,
must have otherwise the jurisdiction to adjudicate upon the parties before it,
independent of their contract. No parties by mere their contract confer
jurisdiction upon courts, which otherwise do not have.
6.
The
errors of Jurisdictional arises for Want of jurisdiction: That the Court
passing the impugned Order had no jurisdiction to entertain the subject matter
of the dispute / that the Court wrongly assumed the jurisdiction / that the
Court usurped the jurisdiction of _____ court; Mistake of jurisdiction: That
the condition precedents, for the exercise of jurisdiction, were not complied
with; Excess of jurisdiction: That the impugned Order contains such reliefs
which the Court passing it, were incompetent to grant; Failure of jurisdiction:
That the Hon’ble Court did not exercised the powers vested in it;
7.
In
Suits relating to immovable property – for the Recovery / Partition / Sale or
redemption in the case of a mortgage of or charge upon / determination of any
other right to or interest / compensation for wrong to immovable property,
shall be instituted in the Court within the local limits of whose jurisdiction
the said immovable property is situate:
8.
In
all other cases, the Suit may be instituted, either –
(a) where defendants actually and
voluntarily resides, or carries on business, or personally works for gain; and
may also be instituted at place where any one of the Defendant actually and
voluntarily resides, or carries on business, or personally works for gain,
provided that either leave of the Court is obtained, or, other Defendants
submit to the jurisdiction of the Court;
(b) Where the cause of action, wholly or
in part, arises. The arising of “cause of action” at a particular place or at
different places, is determined on the basis of “material acts” performed or
required to be performed, at particular place or at difference places, under
the law or under the contract, express or implied, oral or written, by either
of the parties, and that place or those different places, are said to be the
places where the cause of action have arose, either wholly or in part.
The aforesaid
proposition of “cause of action” would be subject to the agreement between the
parties in respect of “Jurisdiction clauses”; or to their dispute resolution
mechanism, if any. Nevertheless, the Court must also have the requisite
pecuniary and subject matter jurisdiction to entertain and adjudicate upon
their dispute.
(c) However, where cheque, if any, was
given in partial or full discharge of liability, the liability which is the
subject matter of the Suit; and the said cheque if was dishonoured on
presentation, the Suit may be filed at the place where the Plaintiff resides or
carries on business, despite there being jurisdiction clause of courts at
Defendant place. This is because the cause of action is based on dishonoured
negotiable instrument, and not on the basis of the agreement which had the
jurisdiction clause of a particular court.
9.
The
jurisdiction of the Court also depends upon the “value of Suit”. The valuation
of Suit depends upon the nature of relief sought in a particular legal action.
And, “joinder of causes of action” may have significant aspect as to pecuniary
jurisdiction of the Court. Like for example, assume that a
person has unpaid 10 Invoices of Rs.10.00 Lac each, aggregating Rs.1.00 Crore
which are to be recovered by way of filing a Suit. It may be noted that each invoice
gives an independent cause of action to the concerned party; and therefore, a
common Suit for the recovery of Rs.1.00 Crore comprising 10 Invoices may be
filed in the [Bombay High Court], or to 10 Suits of Rs.10.00 Lacs may be filed
in the [City Civil Court, at Bombay].
10. Section 15 of CPC, 1908 provides in
which Court the suits to be instituted, and says that every suit shall be
instituted in the Court of the lowest grade competent to try it.
11. Section 19 of CPC, 1908 provides for Suits
for compensation for wrongs to person or movable properties and provides that where
a suit is for compensation for wrong done to the person or to movable property,
if the wrong was done within the local limits of the jurisdiction of one Court
and the defendant resides, or carries on business, or personally works for
gain, within the local limits of the jurisdiction of another Court, the suit
may be instituted at the option of the plaintiff in either of the said Courts.
12. Section 9 of CPC, 1908 provides that
Civil Court would have jurisdiction to try all suits of a civil nature,
excepting suits of which their cognizance is either expressly or impliedly
barred.
13.
Constitution of Commercial
Courts / Divisions: In order to ensure speedy disposal of disputes which arises from
commercial transactions involving high value, the Parliament of India has come
out with a unique legislation namely, The
Commercial Courts, Commercial Division and Commercial Appellate Division of
High Courts Act, 2015; wherein Commercial Courts / Divisions are to be
constituted in the existing district Courts and in High Courts; and wherein
disputes arising from specified commercial dealings involving claim of Rs.1.00
Crore or above would be adjudicated by these newly constituted commercial
Courts / Divisions.
The
broad framework of this newly constituted jurisdiction may thus be summarized
to say that, certain disputes of commercial nature, involving claim of Rs.1.00
Crore or above, would be adjudicated under this jurisdiction. The commercial
disputes with the State Govts / Central Govts / any other instrumentality of
the State are also included in this regime.
Further,
a commercial dispute (a) involving the recovery of immovable property; or (b)
involving the realization of Monies out of immovable property which were given
as security; or (c) involving any other relief pertaining to immovable
property, may still be considered as a “commercial dispute”, and may be
adjudicated under this special jurisdiction.
Further,
these newly constituted Commercial Courts / Division would also have the
jurisdiction to adjudicate upon Arbitration Applications which arises in the
backdrop of Arbitration proceedings, but of course the Arbitration proceedings
must be relating to commercial dispute and involves a claim of Rs.1.00 Crore or
above.
Sandeep Jalan
Advocate
Legal issues !!
If you are facing any of these issues like (a) Recovery of Moneys (b) Immovable property disputes (c) grievances against Municipalities & Govts., including challenge to legitimacy of laws etc. (d) grievances against illegalities and highhandedness of Police like illegal arrests, refusal to register FIR, deliberately flawed investigations, etc (e) False FIRs (f) False Claims (g) False evidences (h) Grievances against Judges (i) Illegal or perverse Orders of the Courts / Tribunals, among others.
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