JURISDICTION OF COURTS Flashcards
Jurisdiction of Courts and Res Judicata
- CPC deals with SUITS IN GENERAL (Sections ___-___)
- Orders ___-___ of First Schedule deal with ‘Suits’
9 - 35A ; 1 - 20
S. ____: Courts to try all____.
9 ; civil suits unless barred
- S.9 Suits of civil nature
- The Courts shall (subject to the provisions herein contained) have jurisdiction
- to try all suits of a civil nature except suits of which are either expressly or impliedly barred
Suits which are expressly barred means that there are certain types of suits which are barred by the code itself - s.____, s.___, s. ___ etc. are expressly barred.
Suits which are impliedly barred
Suits barred by ____ and barred on the grounds of _____. Some statutes bar jurisdiction of civil courts and confer it on _____
11, 10, 47 ;
general principles of law ; public policy
tribunals
S.10
No Court shall proceed with the trial of any suit in which
- the matter in issue is also directly and _____ in issue in a ____ instituted suit between the ____ parties or between parties under whom they or any of them claim litigating under the same title
- where such suit is ____ in the same or any other Court in [India]
- have jurisdiction to grant the relief claimed, or in any Court beyond the limits of [India]
- established or continued by _____ and having like jurisdiction, or before the Supreme Court
- Res-sub-judices. // Stay of Suit.
substantially ; previously; same
pending
the Central Government
The pendency of a suit in a foreign Court ____ preclude the Courts in [India] from trying a suit founded on the same cause of action.
does not
The doctrine of res-sub-judice embodied u/s 10 of CPC aims to prevent courts of concurrent jurisdiction from simultaneously entertaining and adjudicating upon two parallel litigations with respect to the same cause of action, same subject matter and same relief claimed.
-Policy of law behind this doctrine is to decrease the pendency of cases, confine plaintiffs to one suit or litigation.
-This also obviates possibility of contradictory verdicts by two or more courts with respect to the same cause of action.
- The order of stay under s.10 can be passed at ____ stage of suit
any
s. 11. ____
No Court shall try any suit or issue in which the matter directly and substantially in issue between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit
- or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.
Res judicata
-
s. 11 contains ____ explanations to clarify the concept of res-judicata.
- S.11 is a doctrine based on _____.
- Nemo debet bis vexari pro una at eadem causa means, ______. This maxim is doctrine of res-judicata.
8 ; public policy ; no one should be vexed twice for the same cause
Conditions to constitute res-judicata:
MPTJF
- Identity of matter in issue.
- Identity of parties.
- Same Title
- Concurrence of Jurisdiction
- Final decision
- The matter directly and substantially in issue in the subsequent suit must be the same which was directly and substantially in issue in the former suit, either actually or constructively.
- The former suit must have been between the same parties or any of the parties in the subsequent suit claiming under the same parties as in former suit.
- In the former suit, the parties must have litigated under the same title as like that of the subsequent suit. Plaintiff in former suit remains plaintiff in subsequent suit then it amounts to res-judicata.
- The court which has tried former suit must be a Court that is competent to try the subsequent suit.
- The matter which is directly and substantially in issue in the subsequent suit must have been finally decided in the former suit.
Exceptions to res-judicata
In the case of Raju Ramsing vs Mahesh Bhivarpurkar (2008), the hon’ble Apex Court laid down 3 exceptions -
WQF
- When judgment is passed without jurisdiction.
- When matter involves a pure question of law.
- When judgment has been obtained by committing fraud on the court.
_____: Exception ______ to s.11
Res-judicata deals with the matter which is directly and substantially in issue. But circumstances may arise when the matter is constructively in issue.
- It may happen that in the former suit the plaintiff or defendant could take a ground of attack or defence but did not do it and being failed in the former suit they again come with a new ground of attack or defence.
- This taking of new ground of attack or defence, subsequently is barred by constructive res-judicata.
- The scope of constructive res-judicata is wider than res-judicata
Constructive res-judicata ; 4
Foreign judgments and jurisdiction of foreign courts under CPC: Sections ___ AND ___
- A foreign court is defined as a court situated outside India and not established or continued by the authority of the Central Government. - A Foreign judgment means a judgment of a foreign court.
- the sections enact rule of res-judicata in case of foreign judgments.
- These provisions embody the principle of private international law that a judgment delivered by a foreign court of competent jurisdiction can be enforced by an Indian court also.
- It will operate as a res-judicata between the parties thereto, except in the exceptions mentioned in s.13
13 and 14
Foreign judgments when not binding:
Under ___ circumstances as mentioned in clause ____ of section 13.
CMAOFB
6 ; (a) to (f) ;
- Foreign not by a competent court.
- Foreign judgment not on merits.
- Foreign judgment against international or Indian law
- Foreign judgment opposed to natural justice.
- Foreign judgment obtained by fraud.
- Foreign judgment founded on a breach of Indian law
Presumption as to foreign judgments
Section ___ of the Code declares that the court shall presume, upon the production of any document purporting to be a _____ of a foreign judgment, that such judgment was pronounced by a court of competent jurisdiction
14 ; certified copy
Types of Jurisdiction of Civil Courts and Place of suing and Transfer of Suits
Sections ___-___
- Jurisdiction may be defined to be the power or authority of a court to hear and determine a matter brought before it for adjudication and exercise any judicial power in relation to it. The limit of authority is imposed by the statute.
- There are basically 3 kinds of Jurisdiction: PTS. If court has all the above jurisdictions to entertain a suit filed before it only then the court can adjudicate upon it.
- If court does not possess any of the following jurisdictions it is termed as Lack of Jurisdiction or Irregular exercise of jurisdiction. Thereby, the judgment turns void or voidable.
15 - 25 ;
i. Pecuniary jurisdiction
ii. Territorial Jurisdiction
iii. Subject Matter jurisdiction
Pecuniary Jurisdiction: Section ____
- Every suit shall be instituted in the court of lowest grade competent to try it.
- The word competent to try indicates the competency of the court. - That the court of the lowest grade that has the jurisdiction with respect to pecuniary value shall try the suit at first. - The biggest question here is determination of “valuation of suit”
- Prima fascie it is the _____ who determines the valuation of the suit.
Court shall later if found incorrect give necessary directions.
Status of decision if given by the court not having pecuniary jurisdiction is _____of jurisdiction.
Section - 15 ; plaintiff ; irregular exercise
Territorial Jurisdiction: Sections ___ - ____
- Every court has its territorial limits beyond which it cannot exercise jurisdiction. These limits are fixed by the Government. District Court has jurisdiction within the district only.
High Court can exercise jurisdiction over the territory of the State.
s.16-20
Territorial jurisdiction is divided with respect to:
- Immovable property s.16-18
- Movable Property s.19
- Other suits s.20
Immovable property Section ___ -___
Suits to be instituted where subject-matter situated — Subject to the pecuniary or other limitations prescribed by any law, suits—
Sections 6-18
a. for the recovery of immovable property with or without rent or profits,
b. for the partition of immovable property,
c. for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,
d. or the determination of any other right to or interest in immovable property,
(e) for compensation for wrong to immovable property for the recovery of movable property actually under distraint or attachment, shall be instituted in the Court within the local limits of whose jurisdiction the property is situated
e. for the recovery of movable property actually under distraint or attachment, shall be instituted in the Court within the local limits of whose jurisdiction the property is situated
Suits for immovable property situated within jurisdiction of different Courts. — Section ____
Where a suit is to obtain relief respecting, or compensation for wrong to immovable property
- situated within the jurisdiction of different Courts.
- the suit may be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situated. Provided that, in respect of the value of the subject-matter of the suit, the entire claim is cognizable by such Court
Section 17
Place of Institution of suit where local limits of jurisdiction of Courts are uncertain
- any one of those Courts may, if satisfied that there is ground for the alleged uncertainty, record a statement to that effect and thereupon proceed to entertain and dispose of any suit relating to that property
- Where a statement has not been recorded under sub-section (1), and objection is taken before an Appellate or Revisional Court that a decree or order in a suit relating to such property was made by a Court not having jurisdiction where the property is situated, the Appellate or Revisional Court shall not allow the objection unless in its opinion there was, at the time of the institution of the suit, no reasonable ground for uncertainty as to the court having jurisdiction with respect thereto and there has been a consequent failure of justice
section 18
Movable Property
Suits for compensation for wrongs to person or movables:
- Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said Courts. For example: (a) A, residing in Delhi, beats B in Calcutta. B may sue A either in Calcutta or in Delhi
section 19
Other suits to be instituted where defendants reside or cause of action arises
Subject to the limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose jurisdiction—
(a) the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain;
(b) or any of the defendants, where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain, that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally works for gain, as aforesaid, acquiesce in such institution;
(c) or the cause of action, wholly or in part, arises.
section 20
- A corporation shall be deemed to carry on business at its sole or principal office in [India] or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place.
- For example: (a) A is a tradesman in Calcutta, B carries on business in Delhi. B, by his agent in Calcutta, buys goods of A and requests A to deliver them to the East Indian Railway Company. A delivers the goods accordingly in Calcutta. A may sue B for the price of the goods either in Calcutta, where the cause of action has arisen, or in Delhi, where B carries on business
objections to jurisdiction
- No objection as to the place of suing shall be allowed by any Appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, and unless there has been a consequent failure of justice.
- No objection as to the competence of a Court with reference to the pecuniary limits of its jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity, and, in all cases where issues are settled, at or before such settlement, and unless there has been a consequent failure of justice.
- No objection as to the competence of the executing Court with reference to the local limits of its jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the executing Court at the earliest possible opportunity, and unless there has been a consequent failure of justice.
section 21
Bar on suit to set aside decree on objection as to place of suing.
- No suit shall lie challenging the validity of a decree passed in a former suit between the same parties, or between the parties under whom they or any of them claim, litigating under the same title, on any ground based on an objection as to the place of suing.
section 21A
- The expression ― former suit‖ means a suit which has been decided prior to the decision in the suit in which the validity of the decree is questioned, whether or not the previously decided suit was instituted prior to the suit in which the validity of such decree is questioned
Jurisdiction over subject matter
Certain courts are prohibited from entertaining the suit of a particular cause. Such prohibition is imposed by law in various kinds of suits or disputes of a civil nature.
- For ex, a suit filed by a landlord for recovery of rent against the tenant may be filed in the Court of civil judge junior division only or court of small causes according to the Rent Act.
In matrimonial cases, if there is Family Court it has jurisdiction to try it if not there, the District Court has jurisdiction to try and entertain the same. Equivalent to a civil judge senior division.
transfer of suits
Art 21 of the Indian Constitution provides that right to life and personal liberty includes right to fair trial. Thus, for the protection of this right, plaintiff and defendant both have rights to transfer their suits from one court to another of the similar rank. The court has to satisfy itself with the contents of the applications and then transfer the suit or appeal. The court can transfer the same in the interest of justice.
- Provisions as to transfer of suit are:
- Power to transfer suit which may be instituted in more than one court.
- Specifies to what court the application lies.
- General power of transfer and withdrawal.
- Provides power of the supreme court to transfer suits, etc.
sections 22 - 25
- Section 22
- Section 23
- Section 24
- Section 25
