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K. R. SHRIRAM, JITENDRA JAIN
Volvo Group India Pvt Ltd. formerly known as Volvo Buses India Pvt Ltd. – Appellant
Versus
Union of India, through the Secretary, Ministry of Finance, Department of Revenue – Respondent
JUDGMENT :
K.R. Shriram, J.
1. In all these six petitions listed today respondents raised a preliminary objection in relation to the maintainability of these petitions before Bench of this Court. The preliminary objection is that petitioners are required to file writ petitions before the High Courts within whose jurisdiction the original adjudication orders were passed. Having heard the counsels, we shall demonstrate that the preliminary objection is not sustainable. We, therefore, proceed to deal with the limited question of jurisdiction. We are, at present, not concerned with the merits of the disputes between the parties for the matter has not yet been heard by us on merits. It is, therefore, not necessary to set out the facts in detail, except to the extent required to determine the issue of jurisdiction.
2. In all the petitions, except Writ Petition No.5120 of 2022, the orders in original, the orders in appeal and the orders passed by the Revisionary Authority, who is also a formal party, were against respective petitioners. In Writ Petition No.5120 of 2022 the order in original was in favour of petitioner but the order in appeal and the order of Revisionary Authority, against wh
The court established that the location of the Revisionary Authority and the doctrine of merger allow petitioners to file writs in the court where the authority is situated, affirming their right to ....
The main legal point established in the judgment is the interpretation of 'cause of action' and the concept of territorial jurisdiction under Article 226 of the Constitution in relation to the notice....
A High Court's jurisdiction under Article 226(2) requires that part of the cause of action arises within its territorial limits.
The jurisdiction of a High Court under Article 227 pertains only to the Debts Recovery Tribunal located within its territorial limits, not an appellate tribunal for matters originating outside its ju....
Jurisdiction of courts is determined by the location of the cause of action and convenience, not merely by where hearings are conducted.
The doctrine of forum conveniens limits jurisdiction under Article 226, emphasizing that a court should not entertain cases where a more appropriate forum exists, regardless of where a part of the ca....
High Court jurisdiction under Article 226(2) exists if part cause of action (notice receipt, impact on local successor, post-transfer recovery) arises within territory despite outstation authority; t....
The jurisdiction for challenging appellate tribunal orders lies in the High Court corresponding to the original tribunal's location, affirming the principle that appellate orders merge with original ....
Principal Seat retains jurisdiction over writ challenging appellate tribunal order within its territory despite origin in Circuit Bench district; no ouster or mandatory transfer under Rule 3A as appe....
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