Back
SANJAY DHAR
Gulab Lone – Appellant
Versus
Union of India – Respondent
JUDGMENT :
1. The petitioner has challenged order bearing No.ESTT/116/SSFC/GL/2010/10958-70 dated 10th May, 2010, whereby he has been dismissed from service.
2. As per the case of the petitioner, he was selected as a Water Carrier in Border Security Force (BSF) on 1st November, 1991 and was posted at SHQ Bandipora upto the year 1994. In the year 1996, he was dismissed from service on the basis of a charge that he had submitted false information that his qualification was 9th class pass. The petitioner challenged the aforesaid order of his discharge from service by way of a writ petition bearing SWP No.2080/97 before this Court and on the basis of an interim order passed by this Court, he was reinstated vide order dated 23rd June, 1997. Accordingly, the petitioner was allowed to work as Water Carrier. However, the aforesaid writ petition was dismissed for non-prosecution and the petitioner was again dismissed from service vide SHQ BSF Bandipora order No.Adm/143/GB/98/10175-81 dated 9th October, 1998. The writ petition was restored to its original number by this Court in terms of order dated 23.04.1999 and consequent upon restoration of the writ petition, the petitioner was again allow
The main legal point established in the judgment is that the High Court can exercise its writ jurisdiction if any part of the cause of action arises within its territorial jurisdiction, as defined in....
Point of Law : Territorial jurisdiction - Prior to Constitutional (Fifteenth Amendment Act, 1963, concept of cause of action was alien for adjudication of disputes by High Court under Article 226 of ....
Territorial jurisdiction of the court is determined based on the material, essential, or integral part of the cause of action, and consent cannot confer jurisdiction upon the court.
The main legal point established in the judgment is that the mere communication of correspondence and orders does not give rise to a cause of action within the territorial jurisdiction of the court.
The main legal point established in the judgment is that the cause of action must arise within the territorial jurisdiction of the High Court for the exercise of power under Article 226 of the Consti....
The main legal point established in the judgment is the interpretation and application of territorial jurisdiction under Article 226 (1) and (2) of the Constitution of India.
The main legal point established in the judgment is the requirement to establish territorial jurisdiction for maintaining a writ petition, based on the principles of cause of action and the location ....
Territorial jurisdiction for entertaining a writ petition is determined by the location of the events related to the cause of action, as established by previous judgments.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
