Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Customs Act Section 130/Constitution of India 1962 1950 Article 227 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Customs Act, 1962; Section 130/Constitution of India, 1950; Article 227:Territorial jurisdiction of High Court - Cause of action not arises within-Discretionary jurisdiction - Invoking of - Held: When a part of cause of action arises within territorial jurisdiction of one or the other High Court, it will be for the petitioner to choose any one of them - However, merely because part of cause of action arises within territorial jurisdiction of High Court, that by itself may not be a determinative factor compelling the High Court to decide the matter on merit - High Court may refuse to exercise its discretionary jurisdiction by invoking the doctrine of Forum Conveniens - In the instant case, Punjab and Haryana High Court justified in dismissing the appeal on ground that both the adjudication order and the appellate order not issued by any authority within its territorial jurisdiction - Delhi High Court has jurisdiction to deal with the matter.Doctrines:Doctrine of 'Forum Conveniens' - invoking of.The question which arose for determination in this appeal was as to whether the Punjab & Haryana High Court had jurisdiction to deal with the matter in which the original order was passed by Adjudicating authority at Mumbai and the appellate order was passed at Delhi by the Customs, Excise and Service Tax Appellate Tribunal in an appeal filed u/s.130 of the Customs Act, 1962. Appellant-assessee contended that the judgment in Kusum Ingots & Alloys Ltd. v. Union of India and Anr., is in its favour and on misreading of the decision the appeal has been dismissed by the High Court; that prima facie, the High Court was of the view that the appeal was not maintainable before it and, therefore, the appellant withdrew the said appeal to file it before the appropriate High Court; that since the cause of action arose at Chandigarh, Punjab and Haryana High Court has jurisdiction; and that the situs of framing law or rule would give jurisdiction to the Delhi High Court.Respondent submitted that before moving the Punjab and Haryana High Court, the Delhi High Court was moved, and at the request of the appellant, the High Court permitted to withdraw the appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1136 |
Petitioner | M/s. Canon Steels P. Ltd. |
Respondent | Commissioner Of Customs |
SCR | [2007] 11 S.C.R. 1053 |
Judgement Date | 2007-11-12 |
Case Number | 5153 |
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