Bharat Kumar Ghosh v. Union of India and Others - 2017 Supreme(Online)(Gau) 114

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2017 Supreme(Online)(Gau) 114

IN THE HIGH COURT OF TRIPURA
, J
Bharat Kumar Ghosh v. Union of India and Others

Advocates:
For the Appellants/Petitioners: Mr. S. Deb, Mr. S. Dutta
For the Respondents: Mr. H. Deb

Table of Content
1. territorial jurisdiction requirement for writ petitions. (Para 1 , 6 , 11)
2. arguments regarding jurisdiction from both parties. (Para 2 , 8 , 9)
3. facts establishing the background of the case and the authority involved. (Para 3 , 4 , 10 , 12)
4. the importance of clearly establishing 'cause of action' to justify jurisdiction. (Para 14)
5. final determination of jurisdiction leading to dismissal. (Para 17)

1. The question which fell for consideration at the motion stage itself is whether this Court has territorial jurisdiction to entertain this writ petition under Art.226 of the Constitution on the ground of cause of action.

2. Heard learned senior counsel, Mr. S. Deb, assisted by learned counsel, Mr. S. Dutta for the petitioner and learned ASG, Mr. H. Deb for the respondent - Union of India.

3. Shorn of unnecessary details, the case of the petitioner is that he was serving under the Border Security Force(for short, BSF) and an FIR No.207 dated 13.11.2012 was lodged from the office of the Commandant, 51 Bn. BSF, Rampura, Fazilka(Punjab) alleging that there was a theft committed in the store - yard of the Unit and properties valued Rs. 4,00,000/- were stolen. Subseque

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2017 Supreme(Online)(Gau) 114

IN THE HIGH COURT OF TRIPURA, JBharat Kumar Ghosh v. Union of India and Others

Cases Referred (2)

IN THE HIGH COURT OF TRIPURA
, J
Bharat Kumar Ghosh v. Union of India and Others