Jurisdiction

Question 1

maxim- person has right to have grievance redressed by law authority

Answer 1

ubi jus ibi remedium

Question 2

powers of every authority is limited, and if they act beyond this jurisdiction then:

Answer 2

void being ultra vires

Question 3

jurisdiction of civil court

Answer 3

S. 9- courts shall have jurisdiction to try all suits of civil nature excepting suits of which their cognizance is either expressly or impliedly barred ( first part +ve and second -ve)

Question 4

A suit for its maintainability requires no authority of law and it is enough that no statute bars the suit (case)

Answer 4

gangabai v vijay kumar

Question 5

Jurisdiction- the authority to determine issues of law and fact/ hear and decide legal issue” (case)

Answer 5

hriday nath v ram chandra saran

Question 6

the jurisdiction of a Court depends upon its right to decide the cases and not upon the merits of its decision. (case)

Answer 6

pankaj bhargav v mahendra nath

Question 7

elements of jurisdiction

Answer 7

1. subject matter
2. pecuniary
3. territorial

Question 8

pecuniary jurisdiction

Answer 8

civil courts act; s. 15-20, cpc;

Question 9

jurisdiction of the court is determined on the basis of allegations made in the plaint and not on the basis of defense raised in the written statement.

Answer 9

Abdulla Bin Ali v Galappa

Question 10

EACH word and expression casts an obligation on the court to exercise jurisdiction for enforcement of right. The word ‘shall’ makes it mandatory. No court can refuse to entertain a suit if it is of description mentioned in the section. That is amplified by use of expression “all suits of civil nature”

Answer 10

P.M.A. Metropolitan v Moran Mar Marthoma

Question 11

meaning of “civil nature”

Answer 11

means pertaining to private rights and remedies of a citizen; relating to provide rights and remedies sought by civil actions as contrasted with criminal proceedings