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1 - 10 of 11 (0.23 seconds)The Code of Civil Procedure, 1908
Prem Prakash Ambedkar vs Union Of India And Others on 26 September, 2000
11. The coordinate Bench of this court in the case of Prem
Prakash Ambedkar vs. Union of India reported in 2001 (1) MPHT
7
W.P. No.25402/2019
176 has held as under:-
Oil & Natural Gas Commission vs Utpal Kumar Basu on 23 June, 1994
12. The Supreme Court in the case of Oil and Natural Gas
Commission vs. Utpal Kumar Basu reported in 1994 (4) SCC 711
has held as under:-
M/S. Kusum Ingots & Alloys Ltd vs Union Of India And Anr on 28 April, 2004
13. The Supreme Court in the case of M/s Kusum Ingots & Alloys
Ltd. vs. Union of India and another reported in 2004 (6) SCC 254
has held as under:-
Rajendra Giriraj Prasad Tiwari (S. B. C. ... vs Union Of India And Others. on 18 April, 1994
6. A coordinate Bench of this Court in the case of S.P. Tiwari Vs.
UOI & Ors. reported in 2006 (II) MPJR 411 has held as under:-
M/S. New Horizons Limited And Another vs Union Of India And Others on 15 October, 1993
"25. We must, however, remind ourselves that
even if a small part of cause of action arises within
the territorial jurisdiction of the High Court, the
same by itself may not be considered to be a
determinative factor compelling the High Court to
decide the matter on merit. In appropriate cases,
the Court may refuse to exercise its discretionary
jurisdiction by invoking the doctrine of forum
conveniens. (See Bhagar Singh Bagga v. Dewan
Jagbir Sawhany, AIR 1941 Calcutta; Mandal
Jalan v. Madanlal, (1945) 49 CWN 357; Bharat
Coking Coal Limited v. M/s Jharia Talkies &
Cold Storage Pvt. Ltd., 1997 CWN 122; S.S.Jain
& Co. & another v. Union of India & others,
1994 (1) CHN 445 and M/s. New Horizon Ltd. v.
Union of India, AIR 1994 Delhi 126)."
Nawal Kishore Sharma vs Union Of India & Ors on 7 August, 2014
"15. In view of the pleadings of the parties and
the uncontroverted stand taken by the respondents
in their objection, it is evident that no legal right
of the petitioner has prima facie either been
infringed or threatened to be infringed by the
respondents within the territorial limits of this
Court's jurisdiction. The petitioner has merely
filed a statutory appeal during his tenure of
posting at Jammu which does not amount to
infringement of legal right of the petitioner within
the territorial jurisdiction of this Court. Mere
posting of the petitioner at the time of filing of the
petition within the territorial jurisdiction of this
Court taking into account the fact that entire
action taken against the petitioner which is subject
matter of challenge of this petition has been taken
place beyond the territorial jurisdiction of this
Court would not confer any territorial jurisdiction
on this Court to entertain the writ petition. The
decision relied on by the learned senior counsel
for the petitioner in the case of Nawal 12 Kishor
Sharma Supra has no application to the fact
situation of the case as the appellant in the said
case was suffering from serious heart ailment
which forced him to stay in the native place.
Besides that, it is pertinent to mention here that
the respondents responded to his representations
and the same were communicated to him on his
home address in Bihar. In the instant case, the
representation submitted by the petitioner from
the State of Jammu and Kashmir have failed to
evoke any response, therefore it cannot be said
that any part of the cause of action has arisen
within the territorial jurisdiction of this Court. In
the aforesaid context, the Supreme Court has held
that part of cause of action has arisen within the
jurisdiction of Patna High Court, which is not the
case here.
Jaswant Singh & Ors. Etc vs Union Of India And Ors. Etc on 29 August, 1979
15. The Jammu and Kashmir High Court in the case of Jaswant
Singh Vs. UOI and Ors. reported in 2017 LIC 2996 has held as
under:-
M/S. S. Jain & Company vs Union Of India & Ors on 25 November, 2008
"25. We must, however, remind ourselves that
even if a small part of cause of action arises within
the territorial jurisdiction of the High Court, the
same by itself may not be considered to be a
determinative factor compelling the High Court to
decide the matter on merit. In appropriate cases,
the Court may refuse to exercise its discretionary
jurisdiction by invoking the doctrine of forum
conveniens. (See Bhagar Singh Bagga v. Dewan
Jagbir Sawhany, AIR 1941 Calcutta; Mandal
Jalan v. Madanlal, (1945) 49 CWN 357; Bharat
Coking Coal Limited v. M/s Jharia Talkies &
Cold Storage Pvt. Ltd., 1997 CWN 122; S.S.Jain
& Co. & another v. Union of India & others,
1994 (1) CHN 445 and M/s. New Horizon Ltd. v.
Union of India, AIR 1994 Delhi 126)."