lack of jurisdiction Archives

property usage essential to determine commercial dispute

Property’s ‘actual use’ is sine qua non to determine ‘commercial’ dispute: Rajasthan HC dismisses appeal against return of plaint over lack of jurisdiction

“The appellants have admitted in the plaint that they have been using the suit premises for the purposes of their trade and commerce for the last more than 10 years. When the parties entered into the said agreement to sell in respect of the suit premises, appellants were in possession of the shops as tenants and were using the same even then for their trade and commerce.”

State Gratuity authorities lack jurisdiction for multi-state establishments-State establishments

Case Briefs High Courts

Delhi High Court: State Gratuity Authorities lack inherent jurisdiction when establishment has branches in multiple States

“The fundamental error permeating both the impugned orders is the assumption that merely because the claimant worked or claimed to have worked in Delhi, the Controlling Authority appointed by the State Government and the Appellate Authority derived jurisdiction to adjudicate the dispute.”

Case Briefs High Courts

Petitions under Surrogacy Act must be treated with ‘sensitivity, responsibility, and compassion’, not as routine applications: Madras High Court

“Petitions filed under the Surrogacy Act must not be treated as routine applications, as they concern one of the deepest aspirations of human life, the desire of childless couples to have a child.”

Case Briefs High Courts

Delhi High Court dismisses writ petition by medical student against order by National Board of Examination in Medical Sciences for lack of jurisdiction

‘The essential, material, and integral cause of action had arisen beyond the territorial jurisdiction of the Court.’

Case Briefs High Courts

CAT, Ahmedabad has no jurisdiction to dismiss show cause notice in fake encounter case; Gujarat HC rejects former IPS officer Rajnish Rai’s plea

The Court also said that the CAT, Ahmedabad, did not have jurisdiction under rule 6(1) of Central Administrative Tribunal (Procedure) Rules, 1987, as the show cause notice was issued from New Delhi.