Trace Your Case

ISSUE:

Whether Pondicherry was comprised within the territory of India, and if not, what was the extent of the jurisdiction exercised by the Union Government and the French Government over the territory?

Whether the transfer of administrative control over a territory the same as the transfer of territory?

RULE:

Article 136 of the constitution states that the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.

Article 142 (1) states that The Supreme Court, in the exercise of the jurisdiction, may pass such decree or makes such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India. This article also makes a territorial restriction.

Article 1(3) states that India's territory shall compromise the territories of the States, the Union territories specified in the First Schedule, and other territories that may have been acquired.

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