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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:-
Delhi High Court Cites 16 - Cited by 0 - H Kohli - Full Document

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 : -
Supreme Court of India Cites 13 - Cited by 650 - A M Ahmadi - Full Document

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)
Supreme Court of India Cites 7 - Cited by 371 - Full Document
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