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1981 Supreme(SC) 292

SUPREME COURT OF INDIA
Baharul Islam : R.S.Pathak
Association
Versus
Union Of India
Case No. : 1501 of 1981
Date of Decision : 4/27/81

An order passed by a High Court operates only in respect of proceedings conducted within the jurisdiction of that court.

Headnote:(A) Jurisdiction - Scope of High Court orders - An order made by a High Court operates only in respect of those proceedings which are taken within the jurisdiction of that court. (Para 2)

Facts of the case:
An order was passed by a High Court on 2/04/1980. The scope and applicability of this order were brought before the court for clarification.

Findings of Court:
The court found that the order made by the High Court can operate only in respect of proceedings taken within the jurisdiction of that court.

Issues: Whether an order passed by a High Court can operate beyond the territorial jurisdiction of that court.

Ratio Decidendi: The court clarified that the operational scope of a High Court's order is limited to proceedings conducted within its own jurisdiction.

Result: Special leave granted and order clarified.

Legal Category Hierarchy

  • practice and procedure
    • jurisdiction
      • high court jurisdiction (Para 2)

Table of Contents

1. Jurisdictional scope of a High Court order. (Para 2 )

2. High Court orders operate only in respect of proceedings conducted within the jurisdiction of that court. (Para 2 )

3. The operational scope of a High Court order is limited to proceedings within its jurisdiction. (Para 2 )

4. Special leave granted and the High Court order clarified to operate only within its jurisdiction. (Para 1 , 2 )

5. What is the jurisdictional reach of an order passed by a High Court?

An order made by a High Court operates only in respect of those proceedings which are taken within the jurisdiction of that court. (Para 2 )

R.S.Pathak, J.

(1) SPECIAL leave granted.

(2) IT is clear that the order dated 2/04/1980 made by the Calcutta High court can operate in respect of those proceedings only which are taken withiin the jurisdictio of that court. The order is clarified

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