CODE OF CIVIL PROCEDURE, 1908 ASSIGNMENT
Submitted By: Mohammad
(LLB 3 Year – 3rd Semester, 2nd Year
Answer 1.
Concept of Jurisdiction and its relevant provisions
relating to Jurisdiction under CPC, 1908 and Kinds of
Jurisdiction.
Jurisdiction refers to the power or authority of the court to decide or hear on a
particular issue or matter. According to Cambridge dictionary jurisdiction refers
to the authority of the court or official organizations to make Judgments and
decisions. In Hadiya vs. Ram Chandra, the Supreme Court observed that
Jurisdiction refers to the power to hear, determine and pronounce judgement on
the issues before the court. Major SS. Khanna vs. Brig Dillon (1963), it was
held by the Supreme Court that the issue of Jurisdiction is the first issue that is
supposed to be decided by the court. Ubi Jus IbiRemedium which refers to
where there is a right there is a remedy. When the right of a person is infringed
,for the enforcement of their remedy the person must go to an adequate forum.
The Jurisdiction of a case is decided on following grounds:
Subject matter
Financial Value
Geographical limits.
Inherent Jurisdiction is used in almost all fields of law; it is the power that
should be used carefully ensuring that there is no arbitrariness or uncertainty.
The objective of inherent Jurisdiction is to ensure that courts can exercise its
power within limited circumstances.
Kinds of Jurisdiction
Pecuniary Jurisdiction: In pecuniary jurisdiction, the court decides to try cases
based on its monetary value. It refers to the valuation done by the plaintiff and
is considered for determining the suit. If the court feels that the valuation done
by the plaintiff is not appropriate then the court would direct the plaintiff to
appropriate forums.
Subject Matter of Jurisdiction:The court is expressly barred from hearing
cases which they are not supposed to try. A court pronouncing a judgement
without having the authority to try the case, the judgement would be held null
and void.
Territorial Jurisdiction: In territorial Jurisdiction the court tries those cases
where the offenses are committed in their area of the jurisdiction where their
decree or an order can be enforced. However, in LalModi vs. DLF Universal
Ltd (2005) the Supreme Court held that even though the court doesn’t have a
territorial Jurisdiction the decision can be pronounced if the other party agrees.
, Inherent Jurisdiction: It is an English common law doctrine that refers to the
exclusive authority of the court to hear the matters that come before it unless
restricted by the State. In Bremer VulkanSchiffbau and Maschinenfabrik v.
South India Shipping Corporation Ltd (1981),the House of Lords have
defined Inherent Jurisdiction as a general power to control its procedures to
prevent it from being used to achieve injustice.
The Court can use its power of Inherent Jurisdiction in four general situations:
To prevent the abuse of the process.
To ensure convenience and fairness in the legal proceedings.
To take steps to reduce judicial proceeding inefficacies.
To act as an aid of the Supreme Court or control of the inferior court or
tribunals.
Territory of a Court is decided after taking into account several factors. They
are:
In case of Immovable Property: If the suit is with regard to recovery, rent,
partition, sale, redemption, determination of right of immovable property, it
shall be instituted in the court within the local limits of whose jurisdiction the
property is situated.
Immovable property situated within the jurisdiction of different Courts: In
such a 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 two or more persons with respect to Movable
Property, business or any other wrong done: Where a wrong has been caused
Submitted By: Mohammad
(LLB 3 Year – 3rd Semester, 2nd Year
Answer 1.
Concept of Jurisdiction and its relevant provisions
relating to Jurisdiction under CPC, 1908 and Kinds of
Jurisdiction.
Jurisdiction refers to the power or authority of the court to decide or hear on a
particular issue or matter. According to Cambridge dictionary jurisdiction refers
to the authority of the court or official organizations to make Judgments and
decisions. In Hadiya vs. Ram Chandra, the Supreme Court observed that
Jurisdiction refers to the power to hear, determine and pronounce judgement on
the issues before the court. Major SS. Khanna vs. Brig Dillon (1963), it was
held by the Supreme Court that the issue of Jurisdiction is the first issue that is
supposed to be decided by the court. Ubi Jus IbiRemedium which refers to
where there is a right there is a remedy. When the right of a person is infringed
,for the enforcement of their remedy the person must go to an adequate forum.
The Jurisdiction of a case is decided on following grounds:
Subject matter
Financial Value
Geographical limits.
Inherent Jurisdiction is used in almost all fields of law; it is the power that
should be used carefully ensuring that there is no arbitrariness or uncertainty.
The objective of inherent Jurisdiction is to ensure that courts can exercise its
power within limited circumstances.
Kinds of Jurisdiction
Pecuniary Jurisdiction: In pecuniary jurisdiction, the court decides to try cases
based on its monetary value. It refers to the valuation done by the plaintiff and
is considered for determining the suit. If the court feels that the valuation done
by the plaintiff is not appropriate then the court would direct the plaintiff to
appropriate forums.
Subject Matter of Jurisdiction:The court is expressly barred from hearing
cases which they are not supposed to try. A court pronouncing a judgement
without having the authority to try the case, the judgement would be held null
and void.
Territorial Jurisdiction: In territorial Jurisdiction the court tries those cases
where the offenses are committed in their area of the jurisdiction where their
decree or an order can be enforced. However, in LalModi vs. DLF Universal
Ltd (2005) the Supreme Court held that even though the court doesn’t have a
territorial Jurisdiction the decision can be pronounced if the other party agrees.
, Inherent Jurisdiction: It is an English common law doctrine that refers to the
exclusive authority of the court to hear the matters that come before it unless
restricted by the State. In Bremer VulkanSchiffbau and Maschinenfabrik v.
South India Shipping Corporation Ltd (1981),the House of Lords have
defined Inherent Jurisdiction as a general power to control its procedures to
prevent it from being used to achieve injustice.
The Court can use its power of Inherent Jurisdiction in four general situations:
To prevent the abuse of the process.
To ensure convenience and fairness in the legal proceedings.
To take steps to reduce judicial proceeding inefficacies.
To act as an aid of the Supreme Court or control of the inferior court or
tribunals.
Territory of a Court is decided after taking into account several factors. They
are:
In case of Immovable Property: If the suit is with regard to recovery, rent,
partition, sale, redemption, determination of right of immovable property, it
shall be instituted in the court within the local limits of whose jurisdiction the
property is situated.
Immovable property situated within the jurisdiction of different Courts: In
such a 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 two or more persons with respect to Movable
Property, business or any other wrong done: Where a wrong has been caused
