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IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, MURAHARI SRI RAMAN
Gemini Consulting Services India Pvt. Ltd. – Appellant
Versus
Security Printing and Minting Corporation of India Limited – Respondent
| Table of Content |
|---|
| 1. maintainability of the writ petition (Para 1) |
| 2. background of the contractual and debarment context (Para 2) |
| 3. argument for jurisdiction based on performance location (Para 3) |
| 4. definition and importance of cause of action (Para 4 , 5 , 6) |
| 5. legal amendments affecting cause of action jurisdiction (Para 7) |
| 6. jurisdictional conclusions on cause of action location (Para 9 , 10 , 11 , 12) |
| 7. final decision on writ petition jurisdiction (Para 13 , 14) |
Judgment :
HARISH TANDON, CJ.
1. A preliminary objection is raised in the instant writ petition on the maintainability thereof before this Court on the premise of non-accrual of even minuscule part of the cause of action, within the territorial limits of this Court.
2. The relevant facts discerned from the instant writ petition constituting a cause of action are succinctly jotted down hereunder.
The opposite party No.1, Security Printing and Minting Corporation of India Limited having its office at New Delhi, floated a tender on 17th September, 2020 for Designing, Development and Configuration of EPF, PF and Pension Trust in SAP, wherein the petitioner participated and was awarded the contract vide Letter of Intent dated 2nd N
The court emphasized that jurisdiction under Article 226(2) requires a significant part of the cause of action to arise within the High Court's territorial limits for a writ petition to be maintained....
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 ....
A High Court's jurisdiction under Article 226(2) requires that part of the cause of action arises within its territorial limits.
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....
Territorial jurisdiction of a High Court under Article 226(2) of the Constitution is determined by whether the cause of action, either in whole or in part, has arisen within its territorial limits.
Territorial jurisdiction is determined by the place where the order is made and where the consequences fall on the person concerned. Forum conveniences should be considered, especially for retired em....
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