AI Overview...
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Cause of Action under Article 226(2) - The cause of action must arise wholly or partially within the territorial jurisdiction of the High Court to invoke its jurisdiction under Article 226(2) of the Constitution of India Rahmat Ali Laskar Son Of Late- Abdul Hannan VS State Of Maharashtra - Gauhati, W. B. Chemical Industries Ltd. VS Modern Food Industries - Calcutta, P. Sivaprakash, Proprietor, Precision Associates VS The Chairman And Mg. Director, The Andhra Pradesh Mining Corporation Ltd. - Madras, Himalaya Research Laboratory VS Union of India - Jammu and Kashmir, Clastar Steel Limited VS Union of India - Calcutta, MRT Signals Limited VS Union of India - Calcutta, Centre For Public Interest Litigation VS Union of India - Delhi, Sai Parenterals Limited VS State of Odisha - Telangana, Food Safety Services, through its Proprietor VS State of Maharashtra, through it Secretary, Ministry of School Education & Sports - Bombay.
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Territorial Jurisdiction Requirement - Courts emphasize that even a slender part of the cause of action arising within the jurisdiction suffices for the High Court to entertain a writ petition; conversely, if no part of the cause of action arises within the territory, the court lacks jurisdiction Rahmat Ali Laskar Son Of Late- Abdul Hannan VS State Of Maharashtra - Gauhati, W. B. Chemical Industries Ltd. VS Modern Food Industries - Calcutta, P. Sivaprakash, Proprietor, Precision Associates VS The Chairman And Mg. Director, The Andhra Pradesh Mining Corporation Ltd. - Madras, Himalaya Research Laboratory VS Union of India - Jammu and Kashmir, Clastar Steel Limited VS Union of India - Calcutta.
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Part of Cause of Action - The determination hinges on whether any material facts or events constituting the cause of action occurred within the territorial limits of the High Court. For instance, in tender cases, if the tender process was completed outside the jurisdiction, the court may find no cause of action arose locally P. Sivaprakash, Proprietor, Precision Associates VS The Chairman And Mg. Director, The Andhra Pradesh Mining Corporation Ltd. - Madras, Sai Parenterals Limited VS State of Odisha - Telangana.
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Exceptions and Limitations - While ouster clauses in statutes may restrict civil courts' jurisdiction, they do not oust the jurisdiction of the High Court under Article 226 P. R. TRANSPORT AGENCY VS UNION OF INDIA - Allahabad. Additionally, mere communication or procedural acts (e.g., rejection notices via Zoom) do not necessarily constitute part of the cause of action if the substantive events occurred elsewhere Food Safety Services, through its Proprietor VS State of Maharashtra, through it Secretary, Ministry of School Education & Sports - Bombay.
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Impact of Forum Selection Clauses - Such clauses may influence jurisdiction but do not automatically bar the High Court from exercising jurisdiction if part of the cause of action arises within its territory Clastar Steel Limited VS Union of India - Calcutta.
Analysis and Conclusion
The core criterion for invoking jurisdiction under Article 226(2) is that at least a part of the cause of action must arise within the territorial jurisdiction of the High Court. Courts consistently interpret this to mean that the material events, acts, or omissions forming the basis of the claim should occur within the jurisdictional limits. If the entire cause of action arises outside, the court is not empowered to entertain the petition. This principle ensures that High Courts exercise jurisdiction only where they have a substantive connection to the events leading to the dispute, maintaining judicial propriety and territorial boundaries Rahmat Ali Laskar Son Of Late- Abdul Hannan VS State Of Maharashtra - Gauhati, W. B. Chemical Industries Ltd. VS Modern Food Industries - Calcutta, P. Sivaprakash, Proprietor, Precision Associates VS The Chairman And Mg. Director, The Andhra Pradesh Mining Corporation Ltd. - Madras.
References: - Constitution of India, Article 226(2) - Various judicial judgments on territorial jurisdiction and cause of action in tender and contractual disputes.
Search Results for "Part of Cause of Action under Article 226 2 in E Tender"
2024 0 Supreme(Gau) 1435 • India - Gauhati
MICHAEL ZOTHANKHUMA
(A) Constitution of India - Article 226(1) & (2) - Jurisdiction of High Courts - The petitioner sought payment ... The court held that no part of the cause of action arose within its jurisdiction, emphasizing that jurisdiction is determined by ... (Paras 9, 10, 17) (B) Jurisdiction - The court reiterated that even a slender part of the cause of action must ... Thus, what Article 226(2#HL....
1995 0 Supreme(Cal) 423 • India - Calcutta
Satyabrata Sinha
JURISDICTION - CAUSE OF ACTION - SECTION 28 OF THE INDIAN CONTRACT ACT - ARTICLE 226(2) OF THE CONSTITUTION OF INDIA - WRIT APPLICATION ... only if the cause of action arises, in whole or in part, within its territorial jurisdiction. 2. ... The court also relied on Article 226(2) of the Constitution of India, which provides that a High Court may issue a writ of Certiorari ... For....
1985 0 Supreme(Mad) 425 • India - Madras
S.NAINAR SUNDARAM
Constitution of India-Article 226(2)-Territorial jurisdiction-Arising of whole or in part cause of action within the territorial ... Naturally, it goes without saying that the tender of the petitioner stood rejected at Hyderabad. In my view, no part of the cause of action, wholly or in part, has arisen within the territorial jurisdiction of this Court, so as to attract Article #H....
2005 0 Supreme(All) 1821 • India - Allahabad
SUSHIL HARKAULI, UMESHWAR PANDEY
Territorial Jurisdiction - Information Technology Act - Indian Contract Act - High Court's Jurisdiction under Article 226 - Civil ... held that the ouster clauses can oust the territorial jurisdiction of Civil Courts but not the High Court's jurisdiction under Article ... 226 of the Constitution of India. ... P. (2) No facts have been pleaded in the writ petition on the basis of which it can be said that any part of cause of action has arisen within ....
2017 0 Supreme(J&K) 810 • India - Jammu and Kashmir
JANAK RAJ KOTWAL
Ratio Decidendi: The court emphasized that the High Court can exercise its power under Article 226 only if the cause of action ... 226 only if the cause of action, wholly or in part, arises within its territorial jurisdiction. ... Industrial Unit - Ayurvedic Medicines - Public Procurement Policy of 2012, Constitution of India, Article 226 - The court discussed ... Clauses (1) and (2) of #HL_START....
2000 0 Supreme(Cal) 360 • India - Calcutta
ASHOK KUMAR MATHUR, BARIN GHOSH
WRIT PETITION - JURISDICTION - ARTICLE 226(2) OF THE CONSTITUTION - FORUM SELECTION CLAUSE - WHETHER COURT CAN ENTERTAIN WRIT ... The petitioner argued that since part of the cause of action arose within the jurisdiction of the court, it had jurisdiction to entertain ... PETITION WHERE CAUSE OF ACTION AROSE PARTLY WITHIN ITS JURISDICTION - WHETHER FORUM SELECTION CLAUSE IN AGREEMENT BARS COURT FROM ... 226(2) of th....
2024 0 Supreme(Cal) 1335 • India - Calcutta
SABYASACHI BHATTACHARYYA
of the cause of action arose within its territory. ... the tender process and the technical eligibility of the petitioner, emphasizing the broad powers of High Courts under Article 226 ... Jurisdiction - Writ Petition - Article 226 - The court analyzed the applicability of Amendment No. 5 to ... The petitioner has also cited an unreported judgment in CESC Limited (supra), wherein a similar context, this Court held that at least a part of ca....
2018 0 Supreme(Del) 2948 • India - Delhi
RAJENDRA MENON, V.KAMESWAR RAO
As the tender was issued, considered, and executed in Gujarat, and no part of the cause of action related to the tender imputed to ... Ratio Decidendi: The court held that for it to have territorial jurisdiction, at least a part of the cause of action must ... The cause of action did not arise within the territorial jurisdiction of the court, and the petition was not maintainable. ... The fact which is neither mat....
2024 0 Supreme(Telangana) 421 • India - Telangana
C. V. BHASKAR REDDY
forfeit its earnest money, claiming jurisdiction based on part of the cause of action arising in Hyderabad. ... of action arising in Hyderabad – Court held it lacked jurisdiction as per tender conditions stipulating jurisdiction in Odisha. ... of action. ... In the present case, the facts which have been pleaded by the Appellant Company, in our judgment, cannot be said to be essential, integral or material facts so as to constitute a part of ‘cause o....
2023 0 Supreme(Bom) 733 • India - Bombay
A. S. CHANDURKAR, M. W. CHANDWANI
The court held that the communication of rejection through the Zoom meeting did not give rise to any part of cause of action within ... Finding of the Court: The court found that no part of cause of action had arisen within the territorial jurisdiction ... The court held that the communication of rejection through the Zoom meeting did not give rise to any part of cause of action within ... Hence, the provisions of Articl....
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