Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950 Art. 226 (2) - Territorial jurisdiction of High Court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution OF INDIA, 1950:Art. 226 (2) - Territorial jurisdiction of High Court- Cause of action - Appellant, a Seaman in the off-shore Department of the Shipping Corporation of India - Subsequently found suffering from h&art muscles disease - Received order from Shipping Department of Government of India, Mumbai cancelling his registration as a Seaman, at his place of stay, i.e. Gaya, Bihar- Writ petition by appellant for claims filed in Patna High Co'μrt - Maintainability of - Held: The question whether or not cause of actiQn wholly or in part for filing a writ petition has arisen within the territorial limit of any High Court has to be decided in the light of the nature and character of the proceedings under Art. 226 - In order to maintain a writ petition, petitioner has to establish that a legal right claimed by him has been infringed by -respondents within territorial limit of High Court's jurisdiction - In the instant case, a part or fraction of cause of action arose within the jurisdiction of Patna High Court where appellant received a letter of refusal disentitling him from disability compensation - Besides, when the writ petition was filed and entertained in Patna High Court, and, on hearing the respondents, interim relief was granted , they did not raise the que$tiori of jurisdiction initially - The impugned order is, therefore, set aside and the matter remitted to High Court for deciding the writ petition on merits - Code of Civil Procedure, 1908 - s. 20 (c). |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2014 INSC 534 |
Petitioner | Nawal Kishore Sharma |
Respondent | Union Of India And Others |
SCR | [2014] 7 S.C.R. 1027 |
Judgement Date | 2014-08-07 |
Case Number | 7414 |
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