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1 - 10 of 17 (0.79 seconds)Article 227 in Constitution of India [Constitution]
Article 21 in Constitution of India [Constitution]
The Code of Civil Procedure, 1908
Umesh Kumar Moza vs Govt. Of J & K And Anr on 31 October, 2014
Insofar as the objection to the territorial jurisdiction of this
Court is concerned, suffice would it be to state that a similar objection
was raised by the Respondents in Umesh Kumar Moza (supra) and by
a detailed reasoning and relying on several judgments of the Supreme
Court and of this Court, the objection was overruled. I may profitably
allude to few passages from the said judgment as follows:-
Oil & Natural Gas Commission vs Utpal Kumar Basu on 23 June, 1994
15. As regards the first objection with regard to territorial
jurisdiction taken by the counsel for the Respondent, it is necessary
to refer to Article 226 of the Constitution of India. Clause (2) of
Article 226 of the Constitution of India prescribes that the power
conferred under clause (1) to issue directions, orders or writs to any
Government, authority or person may also be exercised by any High
Court exercising jurisdiction in relation to the territories within
which the cause of action, wholly or in part, arises for the exercise of
such power, notwithstanding that the seat of such Government or
authority or the residence of such person is not within those
territories. For the interpretation of Article 226(2), this Court may
usefully refer to a decision of the Supreme Court in the case of Oil
and Natural Gas Commission v. Utpal Kumar Basu reported
as (1994) 4 SCC 711, wherein, while discussing Article 226(2) of the
Constitution of India, it was observed as below : -
Union Of India & Ors vs Adani Exports Ltd. & Anr on 31 October, 2001
32. The principle of forum convenience in its ambit and sweep
encapsulates the concept that a cause of action arising within
the jurisdiction of the Court would not itself constitute to be the
determining factor compelling the Court to entertain the
matter. While exercising jurisdiction under Articles 226 and
227 of the Constitution of India, the Court cannot be totally
oblivious of the concept of forum convenience. The Full Bench
in New India Assurance Co. Ltd. (supra) has not kept in view the
concept of forum convenience and has expressed the view that if
the appellate authority who has passed the order is situated in
Delhi, then the Delhi High Court should be treated as the forum
convenience. We are unable to subscribe to the said view."
(emphasis added)
Rajendran Chingaravelu vs Mr. R.K. Mishra, Addl.Commissioner Of I ... on 24 November, 2009
In Rajendran Chingaravelu v. R.K. Mishra, Additional
Commissioner of Income Tax reported as (2010) 1 SCC 457, while
considering the scope of Article 226(2) of the Constitution,
particularly the cause of action for maintaining a writ petition, the
Supreme Court made the following observation : -
Nawal Kishore Sharma vs Union Of India & Ors on 7 August, 2014
In a recent decision, in the case of Nawal Kishore
Sharma v. Union of India reported as (2014) (106) ALR 710, when
required to interpret the very same provisions, the Supreme Court
referred to the aforecited decisions and to some others on the same
aspect and held as below : -
M/S Sterling Agro Industries Ltd. vs Union Of India & Ors. on 1 August, 2011
24. In this context, an equally important principle is that of
'forum conveniens' which must be taken note of while examining the
issue of cause of action. A Full Bench of this Court in the case
of Sterling Agro Industries Ltd. v. Union of India reported as AIR
2011 Delhi 174 had interpreted the said concept in the following
words : -