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1 - 10 of 29 (0.29 seconds)Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
Article 227 in Constitution of India [Constitution]
Union Of India & Ors vs Adani Exports Ltd. & Anr on 31 October, 2001
In Union of India and Others vs. Adani Exports Ltd. & Another
[(2002) 1 SCC 567], this Court observed :
Surya Dev Rai vs Ram Chander Rai & Ors on 7 August, 2003
In Surya Dev Rai (supra), we may however, notice that this Court
categorically stated that the High Court in issuing a writ of certiorari
exercises a very limited jurisdiction. It also made a distinction between
exercise of jurisdiction by the High Court for issuance of a writ of certiorari
under Article 226 and 227 of the Constitution of India. It categorically laid
down that while exercising its jurisdiction under Article 226, the High Court
can issue a writ of certiorari only when an error apparent on the face of the
record appears as such; the error should be self evident. Thus, an error
according to this Court needs to be established. As regards exercising the
jurisdiction under Article 227 of the Constitution of India it was held:
Rupa Ashok Hurra vs Ashok Hurra & Anr on 10 April, 2002
However, we are not oblivious of a decision of
this Court in Surya Dev Rai vs. Ram Chander Rai & Ors. [(2003) 6 SCC
675] wherein this court upon noticing Naresh Shridhar Mirajkar (supra)
and also relying on a Constitution Bench of this Court in Rupa Ashok
Hurra vs. Ashok Hurra [(2002) 4 SCC 388] opined that a Judicial Court
would also be subject to exercise of writ jurisdiction of the High Court.
Ranjeet Singh vs Ravi Prakash on 18 March, 2004
The
said decision has again been followed in Ranjeet Singh vs. Ravi Prakash
[(2004) 3 SCC 692]. It is, however, not necessary to dilate on the matter
any further.
M/S. Kusum Ingots & Alloys Ltd vs Union Of India And Anr on 28 April, 2004
In Kusum Ingots & Alloys Ltd. vs. Union of India & Anr. [(2004)
6 SCC 254] a three Judge Bench of this Court clearly held that with a view
to determine the jurisdiction of one High Court viz.-a-viz the other the facts
pleaded in the writ petition must have a nexus on the basis whereof a prayer
can be made and the facts which have nothing to do therewith cannot give
rise to a cause of action to invoke the jurisdiction of a court. In that case it
was clearly held that only because the High Court within whose jurisdiction
a legislation is passed, it would not have the sole territorial jurisdiction but
all the High Courts where cause of action arises, will have jurisdiction.
Distinguishing, however, between passing of a legislation by a Legislature
of the State and an order passed by the Tribunal or Executive Authority, it
was held:
Lt. Col. Khajoor Singh vs The Union Of India & Another on 5 December, 1960
Lt. Col. Khajoor Singh v. Union of India
whereupon the learned counsel appearing on behalf of
the appellant placed strong reliance was rendered at a
point of time when clause (2) of Article 226 had not
been inserted. In that case the Court held that the
jurisdiction of the High Court under Article 226 of the
Constitution of India, properly construed, depends not
on the residence or location of the person affected by
the order but of the person or authority passing the order
and the place where the order has effect. In the latter
sense, namely, the office of the authority which is to
implement the order would attract the territorial
jurisdiction of the Court was considered having regard
to Section 20(c) of the Code of Civil Procedure as
Article 226 of the Constitution thence stood, stating:
Mayar (H.K.) Ltd. & Ors vs Owners & Parties, Vessel M.V. Fortune ... on 30 January, 2006
The High Court, however, must remind themselves about the doctrine
of forum non conveniens also. [See Mayar (H.K) Ltd.& Ors. vs. Owners
& Parties Vessel M.V. Fortune Express & Ors. - 2006 (2) SCALE 30]
In terms of Section 177 of the Code of Criminal Procedure every
offence shall ordinarily be inquired into and tried by a court within whose
local jurisdiction it was committed. Section 178 provides for place of
inquiry or trial in the following terms: