Trace Your Case

Categories
Jurisdiction

Official Trustee v. Sachindra Nath Chatterjee AIR 1969 SC 823

ISSUE:

Whether the settlor could modify the terms of the original trust deed using a deed during his lifetime when the deed specified modifications only through a will?

Whether to have jurisdiction, the court having some relation to the subject-matter of the suit is sufficient?

RULE:

A settlor can only vary the terms of a trust if expressly allowed by the trust deed and if the deed specifies the method of variation, the settlor must comply with that condition.

The jurisdiction of the court under Section 34 of the Indian Trusts Act, 1882, is limited.

In order to have jurisdiction, a court must have authority not only over the subject matter of the suit but also to hear and decide the specific questions at issue, and to hear and decide the controversy between the parties.

Subscribe to Read More.
Login Join Now
Categories
Jurisdiction

Kiran Singh v. Chaman Paswan AIR 1954 SC 340

ISSUE:

Whether undervaluation or overvaluation of a suit can affect a court’s jurisdiction and render its decision null and void?

Whether a decree passed by a court lacking jurisdiction due to valuation errors can be set aside when no actual prejudice is caused to the parties?

Whether technical jurisdictional objections related to valuation can override the principles of substantive justice?

RULE:

A decree passed by a court without jurisdiction is a nullity and can be challenged at any stage, including in collateral proceedings.

Under Section 11 of the Suit Valuation Act, decrees should only be invalidated when actual prejudice is caused to the parties due to jurisdictional errors.

Jurisdictional objections must not compromise substantive justice; technicalities should not override equitable outcomes unless they affect the fairness of the decision.

Subscribe to Read More.
Login Join Now
Categories
Jurisdiction

Premier Automobiles Ltd. v. Kamlekar Shantaram Wadke AIR 1975 SC 2238

ISSUE:

Whether disputes arising between an employer and employee covered under the Industrial Disputes Act, 1947 (“ID Act”), can be taken to civil courts?

Whether civil courts have jurisdiction to entertain suits when a remedy is available under the ID Act?

RULE:

The ID Act provides a complete mechanism for resolving disputes between employers and employees.

Civil courts do not have jurisdiction over matters explicitly covered by a specialized statute unless the statute explicitly or implicitly permits it.

Subscribe to Read More.
Login Join Now
Categories
Jurisdiction

Dhulabhai v. State of Madhya Pradesh AIR 1969 SC 78

ISSUE:

Whether a civil court has the jurisdiction to decide matters when a special law provides an alternate mechanism for resolving disputes?

Whether the remedies under a special statute, such as tax disputes under a tax law, bar civil courts from hearing related cases?

Whether sales tax collected under a statute imposing discriminatory taxes on inter-state trade is unconstitutional and refundable through a civil suit?

RULE:

Civil court jurisdiction is excluded if a statute expressly bars it and provides adequate remedies, except when statutory provisions are violated or remedies are inadequate.

Taxes violating constitutional provisions, such as Article 301 (freedom of trade and commerce) and not saved under Article 304(a) (equal taxation for inter-state and local goods), are unconstitutional and can be challenged.

Refund suits are maintainable where no statutory mechanism exists for refunding illegally collected taxes.

Subscribe to Read More.
Login Join Now
Categories
Jurisdiction

Patel Roadways Ltd. v. Prasad Trading Co. AIR 1992 SC 1514

ISSUE:

Whether the jurisdiction of a court can be excluded through an agreement if the court already has jurisdiction under Section 20 of the Code of Civil Procedure, 1908 (“CPC”)?

Whether the principal place of business or the subordinate office of a corporation determines jurisdiction for disputes related to a cause of action?

RULE:

A suit may be instituted in a court within whose jurisdiction the defendant resides, carries on business, or works for gain, or the cause of action wholly or partly arises.

For corporations, jurisdiction lies at their principal office or at the subordinate office if the cause of action arises there.

Parties cannot confer jurisdiction on a court that does not inherently have it.

However, where multiple courts have jurisdiction, parties may agree to limit jurisdiction to one of those courts.

Subscribe to Read More.
Login Join Now
Categories
Jurisdiction

Kiran Singh And Others v. Chaman Paswan 1954 AIR 340, 1955 SCR 117

ISSUE:

Whether a decree passed on appeal by a court that had jurisdiction to entertain it only by reason of undervaluation, be set aside on the ground that on a true valuation the court was not competent to entertain the appeal?

RULE:

It is a well-established fundamental principle that a decree passed by a court without jurisdiction is a nullity, and that its invalidity could be set up whenever and wherever it is sought to be enforced or relied upon, even at the stage of execution and even in collateral proceedings.

Subscribe to Read More.
Login Join Now
Categories
Jurisdiction

Khandesh Spinning & Weaving v Mool Jaith & Co. 1948 (50) BOM LR 49

ISSUE:

Whether the court has jurisdiction conferred upon this Court under Clause 12 of the Letters Patent?

RULE:

The suit is essential for the enforcement of personal obligation undertaken by vendors in agreement, Whichever be a form of decree that may have to be passed in suit, the effect is to pass title effectively to the plaintiff in fulfillment of that personal obligation for purpose of which alone suit is filed.

Subscribe to Read More.
Login Join Now
Categories
Jurisdiction

Harshad Chimmanlal Modi v. DLF Universal, 2005(7) SCC 791

ISSUE:

Whether the Civil court of Delhi had jurisdiction to try and entertain the suit?

RULE:

The court said that the proviso is an exception to the main part of the section which in their considered opinion, cannot be interpreted or construed to enlarge the scope of the principal provision. It would apply only if the suit falls within one of the categories specified in the main part of the section and the relief sought could entirely be obtained by personal obedience of the defendant.

Subscribe to Read More.
Login Join Now
Categories
Jurisdiction

Swastik Gases v. IOCL, 2013(9) SCC 32

ISSUE:

Whether, in view of Clause 18 of the consignment agency agreement dated 13.10.2002, the Calcutta High Court has exclusive jurisdiction in respect of the application made by the appellant under Section 11 of the Arbitration and Conciliation Act, 1996?

RULE:

For a jurisdiction clause in the agreement the words like “alone”, “only”, “exclusive” or “exclusive jurisdiction” are not decisive and do not make any material difference, that the intention of the parties by having Clause 18 in the agreement is clear and unambiguous and that the courts at Kolkata shall have jurisdiction which means that the courts at Kolkata alone shall have jurisdiction.

Subscribe to Read More.
Login Join Now
Categories
Jurisdiction

Horil v. Keshav & Anr (2012)5 SCC 525

ISSUE:

Whether the agreement or compromise in question was lawful and not void or voidable under the Indian Contract Act?

RULE:

Under section 9 of the Civil Procedure Code, the civil court has inherent jurisdiction to try all types of civil disputes unless its jurisdiction is barred expressly or by necessary implication, by any statutory provision and conferred on any other tribunal or authority.

Nothing in Order XXIII Rule 3-A bars the institution of a suit before the civil court even in regard to decrees or orders passed in suits and/or proceedings under different statutes before a court, tribunal or authority of limited and restricted jurisdiction.

Subscribe to Read More.
Login Join Now