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SAURABH SHYAM SHAMSHERY
Riyazul Hassan – Appellant
Versus
Union Of India, Thru Secy. Ministry Of Home Affair – Respondent
JUDGMENT :
1. By this order the Court is deciding preliminary issue of territorial jurisdiction. The pleadings are exchanged. In the pleadings neither the petitioner nor respondents have raised plea for and against the territorial jurisdiction. However, counsel for parties have vehemently argued on the issue, therefore, the present order is being passed.
2. Petitioner has declared his residential address of District Bijnor, Uttar Pradesh whereas the impugned orders dated 27.02.1996 and 08.02.2014 are passed by Respondent-4, Commandant, 21st Battalion, Indo Tibetan Border Police, Srinagar (Jammu & Kashmir) and Respondent-2, Director General of Indo Tibetan Border Police, North-West Zone, Office of Ministry of Home, New Delhi, respectively.
3. Petitioner has also declared that he was posted as Constable/ Barber at 19th Battalion Indo Tibetan Border Police at Srinagar and was transferred to 21st Battalion, Indo Tibetan Border Police at Leh vide order dated 18.07.1994. However petitioner failed to join at Leh, therefore, proceedings were initiated against him for “desertion of service” and by impugned order dated 27.02.1996 petitioner was removed from service. Thereafter a belated appea
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.
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 ....
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....
A High Court's jurisdiction under Article 226(2) requires that part of the cause of action arises 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....
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.
Where a part of cause of action arose within jurisdiction of a particular High Court and said court assumed jurisdiction in view of mandate of Articles 226(2) of Constitution of India, even in such c....
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