everything Flashcards
jurisdiction section
sec 9
jurisdiction definition
courts to try all civil suits unless barred
the courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognisance is either expressly or impliedly barred
wherever there is a right there is a remedy
ubi jus ibi remedium
which case defined jurisdiction as judicial power to hear and determine the cause and adjudicate upon it
Hriday nath roy v Akhil chandra roy
court will have jurisdiction over a matter only if it has the authority to try the same and as well as pass orders with respect to the same
Official trustee v Sachindra
if two or more courts have jurisdiction on the same thing then
the parties may choose which court to go to
lack of jurisdiction
the court inherently does not have the power to decide a case
irregular exercise to jurisdiction
court wrongly decides a case, there can be an appeal to such cases
there is virtually no difference between irregular exercise and and lack of jurisdiction anymore
Anisminic Ltd v Foreign Compensation
Basis for deciding jurisdiction
1- the case put forward by the plaintiff in the plaint
2- if court has jurisdiction of primary issues and not collateral issue it may prima facie decide the matter but it may be challenged
3- the jurisdiction of any authority of depends on the fulfilment of the jurisdictional pact
4- court or tribunal has the power to determine jurisdiction
5- when parliament by way on statute confers jurisdiction over a court or tribunal it has the right to exercise the same and no writ or certiorari can be issues against them
types of jurisdiction
local/territorial
pecuniary
subject matter
original/appellate
res sub judice
sec 10
res sub judice explain
no court shall proceed with the trial of any suit , which is previously instituted in which
1- matter is the same
2- parties are the same
3- titles is the same
4- pending in some other competent court
5- which has the jurisdiction
but if its a foreign case it can be heard
res sub judice literal meaning
under judgement
essential of res sub judice
existence of 2 or more suits- one previously instituted and one subsequently
previously instituted suit is still pending in the same court
the suit the following are the same
-matter
-parties
-title
subsequent court here can be
-same court where the matter was instituted
-any other court in India
-any court outside India established by the central government
supreme court
previous suit court should be competent and have jurisdiction
the object of this res subjdice is to protect a person from multiplicity of proceedings and to avoid a conflict of decisions. Also protects the parties from unnecessary harassment
SPA Annamalay Chetty v BA Thornhill
res sub judice cannot be applied when the point of issues are distinct and different
Alimallah v Sheik
res sub judice cannot be applied when some issues are in common but the rest are different
Abdur v Asrafun
res sub judice cannot be applied if parties are same bu issues are different
Manzar v Rema
why res sub judice
save time of the court on the same case
avoid conflicts of decrees
avoid misuse by parties otherwise
res judicata section
sec 11
res judicata
a matter that has been previously heard and decided by a court of competent jurisdiction, may not be pursued further by the same parties
matter, title parties should be same
why res judicata
no man should be vexed twice for the same cause
it is in the interest of the state that there should be an end to litigation
a judicial decision must be accepted as correct
ex capito res judicata
Roman Law- one suit and one decision is enough for any single dispute
res judicata case law
satyadhat ghost v deorjin debi
res judicata applies to write petitions too (except habeas corpus)
Daryo Singh v state of UP
Foreign Court
sec 2(5)- court situated outside india and not established by the central government
foreign judgement
2(6)
section 13
a foreign judgement should be conclusive when it is directly adjudicated between the same parties, for the title.
sec 13 exceptions
1- incompetent jurisdiction
2- against the merit of the case
3- Incorrect view of international law or not respecting Indian law
4- against natural justice
5- Judgement obtained by fraud
6- Claim is a breach of Indian law
if the foreign judgement was not given on the basis of merits, the same cannot be executed in India
it was also submitted that proving a decree was not on merit is entirely on the Appellants
M/s International Woollen mills v M/s Standard Wool (UK) Ltd
sec 14
Presumption of foreign judgement
presumption of foreign judgement should be read consistently with the requirements of sec 86 of the Indian Evidence act 1872
Y Narsimha Rao v Y Venkata Lakshmi v Anr
judgement sec + order
sec 2(9) order 20
Decree sec + order
sec 2(2) order 20
Order given in
sec 2(14)
mesne profits sec
section 2(12)
parties to a suit which order
Order 1
joinder of plaintiffs and defendants
Rule 1 to 4
Representative suit
Rule 8
Mis-joinder and Non-joinder and objections
Rule 9 and 13
Striking out and adding parties
Rule 10
Institution of suit
Order 4 + section 26
