Code of Civil Procedure Section 16. Suits to be instituted where subject-matter situate.
17. Suits for immovable property situate within jurisdiction of different Courts.—Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of different Courts. The suit may be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situate:
Provided that, in respect of the value of the subject-matter of the
suit, the entire claim is cognizable by such Court.
Conferment of jurisdiction is a legislative function. It can neither be conferred with the consent of the parties nor by a superior court. If a court having no jurisdiction passes a decree over the matter, it would amount to a nullity, as the matter by-passes the correct route of jurisdiction. Such an issue can be raised even at a belated stage in execution. The finding of a court or Tribunal becomes irrelevant and unenforceable/ inexecutable once the forum is found to have no jurisdiction.
Acquiescence of parties cannot confer jurisdiction upon a court and an erroneous interpretation equally should not be permitted to perpetuate or perpetrate, defeating the legislative intention. The Court cannot derive jurisdiction apart from the Statute. No amount of waiver or consent can confer jurisdiction on the Court if it inherently lacks it or if none exists.
Jurisdiction of courts and venue of suits
Jurisdiction means the authority by which a court has to decide matters
that are brought before it for adjudication. The limit of this authority is
imposed by charter, statute or commission. If no such limit is imposed or
defined that the jurisdiction is said to be unlimited.
Limitation of jurisdiction of civil court is basically four kinds:
[a] Jurisdiction over the subject matter- to try certain matters by
certain court is limited by statute (Ex. Small cause court- suit for money due
under promissory note or a suit for price of work done)
[b] Place of suing or territorial jurisdiction – A territorial limit of
jurisdiction for each court is fixed by Government.
[c] Jurisdiction over persons – All person of whatever nationality are
subject to the jurisdiction of the country except foreign state.
[d] Pecuniary jurisdiction depending on pecuniary value of suit –There is
no pecuniary jurisdiction of high court and district court.
Jurisdiction may be further classified: [a] Original jurisdiction [b] Appellate
jurisdiction
Criminal and appellate jurisdiction- Supreme Court, High Courts and
District courts have both original and appellate jurisdiction in various
matter.
Judgments:
(a)
Territorial Jurisdiction: Dabur India v. K.R. Industries (2008) 10 SCC
595. Apex Court held that composite suit for passing off & copyright
infringement cannot be filed at a place where plaintiff resides or carries on
business etc.[1]
(b)
Territorial Jurisdiction specified in contract case. M/s Ass. Rubber Prod.
v. M/s Harry & Jenny & Ors. (2008) AIHC 2754 held that jurisdiction
of Court specified in contract can safely be presumed. Absence of words like
‘along’ ‘only’ excluded would be irrelevant.[1]
(c)
Exclusion of jurisdiction: United India Ins. v. Ajay Sinha, (2008) 7 SCC
454 excluding jurisdiction of civil courts & conferring it on authorities
or Tribunals should be strictly construed…..[1]
(d)
Arbitration clause vis-à-vis Civil Jurisdiction - Indian Drugs &
Pharmaceuticals Ltd. v. Ambika Ent. (2008) AIHC 619 held that section 8 of
the Arbitration Act, 1996 being a special provision, would prevail over Section 9 of CPC.[1]
Reference:
Please share and follow this blog for more such law related articles.
No comments:
Post a Comment