WHAT IS ‘JURISDICTION’?

INTRODUCTION

The expression ‘jurisdiction’ does not mean the power to do or order the act impugned, but generally, it would import the authority of the judicial officer to act in the matter. The Court shall be competent to entertain the proceeding. The competency is legally termed as ‘jurisdiction’

Jurisdiction Of Court

Jurisdiction means and includes any authority conferred by the law upon the court, tribunal, or judge to decide or adjudicate any dispute between the parties or pass judgment or order. Jurisdiction is a key question for the court which goes to the root of the case and decides the fate of the matter either at a preliminary stage or on merit. If any order is passed without jurisdiction, it becomes a nullity and not enforceable by law

Kinds of jurisdiction

The jurisdiction of civil courts can be divided on the basis of pecuniary, Territorial, and subject matter

Pecuniary Jurisidiction

Section 15 of the civil procedure court provides that every suit shall be instituted in the court of the lowest grade competent to try it. As per A.P Civil Courts Act the pecuniary jurisdiction of the courts is as follows:

Suits amounting up to Rs.3,00,000/- lie before the Junior Civil Judge’s Courts. Suits over 3,00,000/- and but not exceeding Rs. 15,00,000/- lie before the Senior Civil Judge’s Courts and exceeding Rs. 15,00,000/- lie before District Courts.

It is an important to note that High Court has no Pecuniary Jurisdiction and only appeal lies before it.

Territorial Jurisidiction

Sections 16 to 20 of C.P.C deal with the Territorial jurisdiction of a court. Whereas Section 16 to 18 relates to immovable property and Section 19 deals with a suit for compensation for wrongs to persons are movable 2 property. Section 20 of C.P.C is a residuary provision and cover all cases not falling under Section 16 to 19.

The territory of a court is decided after taking into account several factors they are

In the case of immovable property

• If the suit is with regard to recovery, rent, partition, sale, redemption, and determination of the right of immovable property it shall be instituted in the court within the local limits of which jurisdiction the property is situated

• Immovable property is situated within the jurisdiction of different courts. In such case, the suit may be instituted in any court within the local limits of whose jurisdiction any portion of the property is situated.

• In case of dispute between 2 or more persons with respect to movable property, business is any other wrong done – In the place where wrong damage has been caused to a person are any damaged has been caused to the movable property then the suit may be instituted either in the place where wrong is damaged caused or in the place where the defendant resides.

• Where there is a dispute in business, agreement, or any civil dispute except matrimonial matters then the suit may be instituted either in a place where the defendant resides or carries on business or in a place where the cause of action has arisen, i.e where the dispute or wrong took place.

• In case of a matrimonial dispute where a dispute arises between husband and wife with regard to their matrimonial life then the case may be filed in the place where marriage was solemnized or in the place where opposite party is residing or in the place where the husband and wife last resided together or in the place where persons filing the case is residing.

Section 9 of C.P.C

The jurisdiction of Civil Court in general it says that the courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature except suits of which their cognizance is either expressly or impliedly barred

A civil court has jurisdiction to try a suit if two conditions are fulfilled

1) The suit must be of a civil nature and

2) The cognizance of such a suit should not have been expressly or impliedly barred

Suit of civil nature”

Private rights of the obligation of a citizen’s political and religious questions are not covered by that expression. A suit in which the principal question is relates to caste or religion is not a suit of a civil nature.

But if the principal question in a suit is civil (Their right to property or to an office) and the adjudication incidentally involves the determination relating to a caste question or to religious rights and ceremonies, it does not seem to be a suit of a civil nature and the jurisdiction of a civil court is not barred.

The court has jurisdiction to adjudicate upon those questions also in order to decide the principal question which is of a civil nature

Suits Expressily Barred

A suit is said to be expressly barred when it is barred by any enactment for the time being in force. If there is any doubt about the ousting of the jurisdiction of a civil court the court will lean to an interpretation that would maintain the jurisdiction every presumption should be made in favor of the jurisdiction of the civil court and the provisions of exclusion of jurisdiction of a court must be strictly construed.

If the remedy provided by the statute is not adequate and all questions can not be decided by a special tribunal the jurisdiction of a civil court is not barred similarly when a court of limited jurisdiction prima facie and incidentally states something the jurisdiction of a civil court to finally decide the matter is not to oust

Suits Impliedly Barred

A suit is said to be impliedly barred when it is barred by general principles of law. Where a specific remedy is given by a statute, it thereby deprives the person who insisted upon a remedy of any other form than that given by the statute. Where an act creates an obligation and enforces its performance in a specified manner that performance can not be enforced in any other manner similarly certain suits though of a civil nature, are barred from the cognizance of a civil court on the ground of public policy.

Those no suit shall lie for recovery of cost incurred in criminal prosecution or for enforcement of a right up on a contract hit by section 23 of the Indian Contract Act 1872 or against any judge for acts done in the course of his duties. Like a civil court has no jurisdiction to adjudicate upon despite of political nature.

General principles relating to the jurisdiction of civil courts

A) A Civil court has jurisdiction to try all suits of civil nature unless their cognizance is barred either expressly or impliedly.

B) Concert can neither confer nor take away the jurisdiction of a court.

 C) A decree passed by a court without jurisdiction is a nullity and the validity thereof can be challenged at any stage of the proceedings, in execution proceedings or even in collateral proceedings.

D) There is a lack of jurisdiction and irregular exercise of jurisdiction

E) Every court has inherent power to decide the question of its own jurisdiction.

 F) Jurisdiction of a court depends upon the averments made in the plaint and upon the defense in a written statement.

G) For deciding the jurisdiction of a court substance of a matter and not its form is important

H) Every presumption should be made in favor of the jurisdiction of a civil court

I) A statute ousting the jurisdiction of a civil court must be strictly construed.

J) Burden of proof of exclusion of jurisdiction of a court is on the party who asserts it.

 K) Even where the jurisdiction of a civil court is barred it can still decide whether the provisions of an Act have been complied with or whether an order was passed dehors the provision of law.

MUST READ

TRANSFERS OF ACTIONABLE CLAIM

LEASE OF IMMOVABLE PROPERTY-PART 1

EXCHANGE UNDER THE TRANSFER OF PROPERTY ACT, OF 1882