AI Overview...
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Plea of Lack of Jurisdiction - Main Points and Insights
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The petitioners and parties in various cases have the right to raise the plea of lack of jurisdiction before the concerned authority or tribunal at any stage of proceedings, including during initial hearings or even at a later stage such as in writ petitions. GEV Projects VS Union Of India - Andhra Pradesh, G. Ranga Reddi VS State Of A. P. - Andhra Pradesh, Shankar VS Dy. Director of Consolidation, U. P. Lucknow - Allahabad
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Courts and authorities have held that the plea of lack of jurisdiction is a fundamental issue that goes to the root of the matter and can be raised at any time, even if not initially pleaded, especially if it pertains to the jurisdiction of the authority or tribunal. GEV Projects VS Union Of India - Andhra Pradesh, G. Ranga Reddi VS State Of A. P. - Andhra Pradesh, Shankar VS Dy. Director of Consolidation, U. P. Lucknow - Allahabad
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The scope of raising jurisdictional objections depends on the context, but generally, such objections should be considered and decided by the authority or tribunal before proceeding further, and failure to do so does not preclude raising the issue later. GEV Projects VS Union Of India - Andhra Pradesh, EAST INDIA HOTELS LIMITED VS ADDL. COMMIONER, SALES TAX - Delhi, A. Somu Achari VS R. Rajamanickam - Madras
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In some instances, the courts have emphasized that if the jurisdictional plea is not raised at the proper stage, it may be considered waived; however, in appropriate cases, it can be raised even at the stage of a writ petition. A. Somu Achari VS R. Rajamanickam - Madras, Shankar VS Dy. Director of Consolidation, U. P. Lucknow - Allahabad
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The right to challenge jurisdiction is recognized in various legal contexts, including tax assessments, administrative proceedings, and arbitral awards, with courts affirming that such pleas are maintainable and should be considered on merit. EAST INDIA HOTELS LIMITED VS ADDL. COMMIONER, SALES TAX - Delhi, Indian Network for People living with HIV/AIDS, Rep. by its President & Another VS Union of India, Rep. by the Secretary, Department of Industrial Policy and Promotion, Ministry of Industry and Commerce & Others - Madras, M/S GAYATRI PROJECT LIMITED vs MADHYA PRADESH ROAD DEVELOPMENT CORPORATION LIMITED - Supreme Court
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Analysis and Conclusion
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The overarching principle across the sources is that a plea of lack of jurisdiction is a substantive issue that can be raised at any stage of proceedings, and courts and authorities are obliged to consider and decide on it.
- While procedural rules may suggest raising such objections promptly, the law permits raising them later if they are fundamental and go to the jurisdictional competence of the authority or tribunal.
- Failure to raise the plea at the appropriate initial stage does not necessarily bar its later assertion, especially when the issue pertains to the authority's jurisdiction, which is a matter of law and cannot be waived by conduct or delay.
- Therefore, parties should be vigilant in raising jurisdictional objections timely, but courts remain receptive to such pleas even in later stages, including writ petitions, provided the plea is substantive and not merely dilatory.
Search Results for "Plea of Lack of Jurisdiction to Raised before the Concerned Authority"
2022 0 Supreme(AP) 667 • India - Andhra Pradesh
RAVI NATH TILHARI
The Court held that the petitioners could raise their objections, including the plea of lack of jurisdiction, before the Authority ... The Court also held that the petitioners could raise their objections, including the plea of lack of jurisdiction, before the Authority ... The Authority was directed to consider and decide the pleas, including the plea of lack o....
1975 0 Supreme(Del) 214 • India - Delhi
PRAKASH NARAIN
SALES TAX - REVISION OF ASSESSMENT - JURISDICTION OF COMMISSIONER - SUO MOTU REVISION - SCOPE AND LIMITATIONS - INTERPRETATION ... Whether the Commissioner had jurisdiction to revise the assessment order suo motu under Section 20(3) of the Act? 2. ... Fact of the Case: The petitioner, a hotel, challenged the jurisdiction of the Additional Commissioner, Sales Tax, to ... Bhandare urges that all the points raised in the writ petition could have been raised in reply to the show cause notice and, in any c....
2001 0 Supreme(Del) 1592 • India - Delhi
MUKUL MUDGAL
of lack of jurisdiction was not demonstrated. ... of jurisdiction was not demonstrated. ... Decidendi: The court held that the impugned orders were in consonance with the law and that the writ petitions lacked merit, as the plea ... In any event in so far as the plea of lack of jurisdiction is concerned it is not demonstrated how the competent Authority or the Appellate Tribunal lacked jurisdiction. Accordingly, th....
1972 0 Supreme(Mad) 648 • India - Madras
RAMAPRASADA RAO
were made in time or not and that the petitioner could not raise the objection as to lack of jurisdiction at a belated stage. ... The court further held that the tribunal had the jurisdiction to entertain a plea whether representations to the appropriate tribunal ... MOTOR VEHICLES ACT - S. 57(2) - APPLICATION FOR PERMIT - DELAY IN FILING - WAIVER OF OBJECTION - JURISDICTION OF TRIBUNAL - ESTOPPEL ... ... Thus it is seen that there is ample authority for proposition ....
1972 0 Supreme(Mad) 654 • India - Madras
T.RAMAPRASADA RAO
maintainability of the petition raised-Held, tribunal lacked jurisdiction erroneously or irregularly. ... Stage Carriage Permit-Grant of Application before Appellate Authority filed after expiry of prescribed period-No objection regarding ... Thus it is seen that there is ample authority for the proposition that the question whether a tribunal has jurisdiction or not could be raised by way of a plea in the objections before the tribunal concerned and....
1965 0 Supreme(AP) 112 • India - Andhra Pradesh
N.KUMARAYYA, P.SATYANARAYANA RAJU
The appellant's plea of initial lack of jurisdiction could be raised at any stage, as it went to the root of the matter. ... A plea of initial lack of jurisdiction can be raised at any stage, as it goes to the root of the matter and cannot be cured by consent ... Whether the appellant could raise the plea of initial lack of jurisdiction at the stage of the writ petition. 3. ... A....
2008 0 Supreme(Mad) 4435 • India - Madras
ASOK KUMAR GANGULY, FAKKIR MOHAMED IBRAHIM KALIFULLA
The right to raise pre-grant objection has been advisedly given to 'any person' by the 2005 Amendment to the Patents Act, 1970, to ... The right to raise pre-grant objection has been advisedly given to 'any person' by the 2005 Amendment to the Patents Act, 1970, to ... That was a case where the writ petitioner raised the plea of lack of jurisdiction of the competent authority under Section 41(2) of the Tamil Nadu Shops and Establishments Act, 1947. ... In that context....
2004 0 Supreme(HP) 350 • India - Himachal Pradesh
ARUN KUMAR GOEL
the respondents should have raised plea of jurisdiction in their reply – But if this plea is not raised in reply, should this Court ... reasons a functionary of respondent No. 1, intentionally does not raise the plea of lack of jurisdiction of the Court, in such a ... Courts to issue certain writs – When this matter came up for hearing today, a serious contention by way of preliminary objection was raised ... Ordin....
1968 0 Supreme(All) 59 • India - Allahabad
L.PRASAD, G.S.LAL
Whether a plea of want of jurisdiction can be raised for the first time in a writ petition if not taken before the subordinate authority ... A plea of want of jurisdiction can be raised for the first time in a writ petition in appropriate circumstances. ... precluded from challenging the jurisdiction of the authority passing the impugned order. 2. ... if not taken before the authority concerned. .....
2025 Supreme(Online)(SC) 5222 • India - Supreme Court of India
J.B. PARDIWALA, J
(Paras 21-23, 39) ... ... (B) Jurisdictional Plea - A party may raise a lack of jurisdiction ... award on jurisdictional grounds when the objection was not raised during proceedings; the award noted: 'if no objection to the jurisdiction ... An arbitral tribunal issued an award favoring the appellant, which the respondent unsuccessfully challenged for lack of jurisdiction ... , held that in such instances, the plea of lac....
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