...TABLE OF CONTENTS 1. Chapter-1: Introduction……………………………………………….………2 2.1. Jurisdiction: meaning; 2.2. Jurisdiction and Consent. 2. Chapter-2: Kinds of Jurisdiction………………………...…………...........…..5 3.3. Territorial or local Jurisdiction; 3.4. Pecuniary Jurisdiction; 3.5. Subject Matter Jurisdiction; 3.6. Original and appellate Jurisdiction. 3. Chapter-3: Lack of Jurisdiction and Irregular jurisdiction……………..…10 4. Chapter-4: Jurisdiction under S0ection -9 of CPC………….…........................23 5.7. Conditions; 5.8. Who may decide; 5.9. Presumption as to Jurisdiction; 5.10. Burden of Proof; 5.11. Exclusion of Jurisdiction; 5.12. Exclusion of Jurisdiction of civil court: Principles; 5.13. General Principles. 5. Chapter-5: Effects on a decree passed by the court without any jurisdiction…………………………………………………………………….....34 6.14. Essentials of decree. 6.15. Kinds of decree. 6.16. Place suing. 6.17. The effect on a decree passed by a court having no: 5.4.1. Territorial jurisdiction; 5.4.2. Pecuniary jurisdiction; 5.4.3. Subject matter jurisdiction. 6. Bibliograpgy……………………………………………………………………..35 CHAPTER-1 INTRODUCTION The fundamental principle of law that wherever there is a right, there is a remedy (ubi jus ibi remedium) has been adopted by the Indian legal system also. In fact right and remedy are but the two sides of the same...
Words: 10571 - Pages: 43
...Code of Civil Procedure Assignment II “Civil Court has Inherent Jurisdiction to take cognizance of all dispute of Civil Nature except when barred.” -Siddhesh S Pradhan -241 -Division C -BBA LLB Year 4 INTRODUCTION Jurisdiction means the power or authority of a Court of law to hear and determine a cause or matter.[1] It is the power to entertain, deal with and decide a suit, an action, petition or other proceeding.[2] In Smt Ujjambai v. State of UP[3] it was stated that exclusion of jurisdiction means prevention or prohibition to the court not to entertain or try any matter though the dispute is civil in nature. Jurisdiction is a key question for the court which goes to the root of the case and decides the fate of a matter either at a preliminary stage or on merit. A division bench of the Supreme Court in Chandrabhai K. Bhoir v. Krishna A. Bhoir observed, “In any view of the matter, an order passed without jurisdiction would be a nullity. It will be a coram non judice. It is non est in the eye of law. Principles of res judicata would not apply to such cases.”[4] Thus, Jurisdiction of a Court means the extent of authority of a Court to administer justice prescribed with reference to the subject-matter, pecuniary value and local limits.[5] JURISDICTION OF CIVIL COURTS UNDER SECTION 9 of the CPC Section 9 of the Code of Civil Procedure 1908 states that, “The Court shall (subject to the provisions herein contained) have jurisdiction to try all suits of civil nature...
Words: 4898 - Pages: 20
...BACKGROUND OF THE CASE The matter at hand came before the Honorable Supreme Court of India in the form of a Special Leave Petition under Article 136 of the Constitution of India, 1950 from the decision of the High Court of Punjab & Haryana. This case has had a serpentine history, beginning from the institution of a suit in 1965 in the lower court, going in appeal to the Division Court, from there in second appeal to the Single Judge of the High Court of Punjab & Haryana who referred it to the Division Bench of the High Court, and then finally being disposed by the Honorable Supreme Court of India in 1990. The case assumes importance as it relates to some very important questions of law, which were finally put to rest by this judgment of the Honorable Supreme Court of India. This matter deals with the question of the jurisdiction of the civil courts in matters of Land Revenue. The other question that has been deliberated upon in this matter is as regards to the nature of Section 85 and Section 86 of the Punjab Land Revenue Act, 1887. These Sections being analogous to Rule 84, 85, and 86 of the Code of Civil Procedure, 1908 have been interpreted in light of the interpretation afforded to these Rules of the Civil Procedure Code, 1908. FACTUAL MATRIX OF THE MATTER At the heart of the dispute was the allegation that Sardara Singh had been appointed as the substitute Lambaradar on 8th November, 1957 for District Ferozpur replacing the previous substitute, Hardit Singh (the...
Words: 2556 - Pages: 11
...Johore and Kedah.3 In Trengganu the Islamic Law was applied particularly in the time of Sultan Zainalabidin III.4In Johore the Majallat al-Ahkam a compendium of the civil law from Turkey, was translated into Malay, at the beginning of the twentieth century and ordered to be applied in Johore. Similarly the Hanafite Code of Qadri Pasha in Egypt was adapted and translated into Malay as the Ahkam Shariyyah,Johore.5 However with the coming of the British and their influence in the Malay States, English Law was introduced in the form of codes taken from those enacted in India, including the Penal Code. the Contract Act, the Evidence Act, the Criminal Procedure Code, the Civil Procedure Code: and in the field of land law legislation based on the Torrens System was introduced. The introduction of these laws meant that the Islamic Law was no Ionger applicable in the areas covered by those laws. More significantly still, courts were set up headed by British judges trained in the English Common Law and the judges of these Courts tended to apply the English Law whenever there was no legislation which could be applied. In this way the law of torts and the rules of equity were introduced in the Malay States. The attitude taken by the British judges was confirmed by the Civil Law enactments of 1937 and 1951 6 and finally the Civil Law Ordinance, 1956. 7 which stated that in the absense of any written law, the court shall apply in West Malaysia the Common Law...
Words: 6477 - Pages: 26
...| THE CIVIL COURTS ACT, 1887 (ACT NO. XII OF 1887). [11th March 1887] 1 An Act to consolidate and amend the law relating to Civil Courts in Bangladesh. WHEREAS it is expedient to consolidate and amend the law relating to Civil Courts in Bangladesh; It is hereby enacted as follows:- CHAPTER I PRELIMINARY Title, extent and commencement 1. (1) This Act may be called the 2[ * * *] Civil Courts Act. (2) It extends to Bangladesh except such portions 3[ thereof] as for the time being are not subject to the ordinary civil jurisdiction of the High Court Division 4[ * * *]; and (3) It shall come into force on the first day of July, 1887. [Repealed] 2. (1) 5[ Repealed by the Amendment Act, 1891 (Act No. XII of 1891)]. (2) [Omitted by the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973), section 3 and 2nd Schedule.] (3) Any enactment or document referring to the Bengal Civil Courts Act, 1871, [or East Bengal Civil Court Act] or to any enactment thereby repealed, shall be construed to refer to this Act or to the corresponding portion thereof. CHAPTER II CONSTITUTION OF CIVIL COURTS Classes of Civil Courts 6[ 3. There shall be following classes of Civil Courts, namely:- (a) the Court of the District Judge; (b) the Court of the Additional District Judge; (c) the Court of the Joint District Judge; (d) the Court of the Senior Assistant Judge; and (e) the Court of the Assistant...
Words: 3154 - Pages: 13
...Administration System Submitted to Barrister M. Zillur Rahman Course Teacher Legal Environment of Business (L-501) IBA Submitted by Apon DasRahman Saihad Shahid | 0306 | Institute of Business Administration University of Dhaka Date: 03-07-2012 Date: 03.07.2012 Barrister M. Zillur Rahman Course Teacher Legal Environment of Business (L-501) Institute of Business Administration University of Dhaka Dear Sir: Subject: SUBMISSION OF GROUP TERM PAPER Here is the report on “An Overview of Bangladesh Legal System with Special Reference to Criminal Justice Administration System”. This report mainly gives an overview of the legal system of Bangladesh and its history. The report gives special focus on the criminal procedures and systems used in Bangladesh. Moreover, the report also analyses two real life criminal cases with the help from the theories and techniques learned from the Legal Environment of Business Course. We would like to thank our Course teacher Mr. Zillur Rahman for giving us the support and opportunity to write this report. It has been an honor and a privilege. Sincerely Yours, ________________ Apon Das (Roll 03) __________________________ Rahman Saihad Shahid (Roll 06) Contents Executive Summary vii 1.0 Introduction 1 1.1 Authorization 1 1.2 Problem and Purpose 1 1.3 Objectives 1 1.4 Literature Review 2 1.5 Methodology 4 1.6 Scope 4 1.7 Limitation 4 1.8 Report Organization 5 2.0 Research Findings 6 2...
Words: 6106 - Pages: 25
...Jurisdiction Jurisdiction Yes in situation number one, Jim is correct in arguing that the case should be thrown out because of lack of subject matter jurisdiction. Since Jim lives in Nevada, and Mike lives in Utah, then they type of subject matter jurisdiction that would apply here is diversity jurisdiction. The reason is that the lawsuit is for less than $75,000 and they are both from different states under diversity jurisdiction from 28 U.S. Code § 1332 (Cornell, 2015). For situation number two, I would say that Bob is incorrect in arguing that there is no subject matter jurisdiction. The reason I say this is because the subject of the case is copyright infringement, which falls under federal law. “The United States federal courts have exclusive jurisdiction over a very small percentage of cases (e.g., copyright and patent disputes) (Civil Procedure, 2015).” Since there is no diversity in citizenship in situation number two, then diversity jurisdiction is not possible. However, due to the reason for the suit copyright infringement, it could have subject matter jurisdiction under federal question jurisdiction since the matter is a copyright disputes. There are additional conditions that must be met in order for this to happen, “For federal question jurisdiction to exist, the requirements of 28 USC 1331 must also be met. This statute gives federal courts jurisdiction only to those cases which "aris[e] under" federal law. 28 USC 1331 (Cornell, 2015).” ...
Words: 585 - Pages: 3
...MALAYSIAN JUDICIAL STRUCTURE THE SUPERIOR COURTS 1. The Federal Court The Apex Court The Federal Court is the highest judicial authority in the country. It was established pursuant to Article 121(2) of the Federal Constitution. Its decision binds all the courts below. Prior to 1st January 1985, the superior courts system in Malaysia was three-tiered, namely, The Privy Council The Supreme Court The High Court Malaya and the High Court Borneo. The Privy Council was the highest court of appeal for Malaysia until 31st December 1984. On 1st January 1985, all appeals from Malaysia to the Privy Council were abolished. In its place, the Supreme Court was established making it the final court of appeal in the country. The abolishment of appeals to the Privy Council resulted in a change from the three-tiered system of superior courts to a two-tiered system, which was the Supreme Court and the two (2) High Courts. In 1994, a significant change took place in the Judiciaryw hen Parliament amended the Federal Constitution. With the amendment, the Court of Appeal was established. The Supreme Court was renamed the Federal Court. As a consequence, the three-tiered system of the superior courts was restored. The Federal Court is headed by the Chief Justice. Prior to the amendment the post was known as the Lord President. Members According to Article 122(1) of the Federal Constitution, the Federal Court shall consist of the Chief Justice, the President of the Court...
Words: 3969 - Pages: 16
...Texas State Supplement to Accompany Civil Litigation 7E Peggy N. Kerley Joanne Banker Hames, J.D. Paul A. Sukys, J.D., Ph.D. Prepared by Peggy N. Kerley Updated in 2013 by Jennifer Carpenter Australia • Brazil • Mexico • Singapore • United Kingdom • United States i © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. ii PART I Introduction to Civil Litigation Contents Introduction ............................................................................................................................................iv PART I INTRODUCTION TO CIVIL LITIGATION CHAPTER 1 CHAPTER 2 Litigation and the Paralegal..................................................................................................................1 The Courts and Jurisdiction .................................................................................................................2 PART II INITIATING LITIGATION CHAPTER 3 CHAPTER 4 CHAPTER 5 CHAPTER 6 CHAPTER 7 Preliminary Considerations and Procedures.......................................................................................9 Investigation and Evidence .................................................................................................................10 The Complaint...............................................................................................................................
Words: 31166 - Pages: 125
...The Matimak Trading Co. vs. Khalily and D.A.Y. Kids Sportswear Inc. No. 1251 August Term, 1996 Docket No. 96-9117 Facts: Matimak Trading Co(Hong Kong) is suing Khalily and D.A.Y. Kids Sportswear INC (United States) for breach of contract under United States code title 28, § 1332(a)(2). United States diversity code states “Citizens of state and citizens or subjects of a foreign state” have jurisdiction to bring civil action against each other (Supreme Court, 2013). Procedure: Matimak Trading CO appealed to the district court due to their dismissal due to lack of evidence. The Court of Appeals, 2nd Circuit acknowledged that the district court decision would stand because Hong Kong is not viewed as a “state”. Issue: Is Hong Kong viewed as a foreign states in which allows them to convey civil action against the Unites States? Holding: NO Reasoning: Article III of the Constitution clearly states that “all Cases … between a State, or citizens thereof, and foreign States, Citizens or Subjects (Kovvali, 2012). This can be interpreted by the United States judicial branch as multiplicity jurisdiction over any civil action rising amongst “citizens of a State and citizens or subjects of a foreign state (Supreme Court, 2012). Hong Kong independence ended with Britain in summer (July) of 1997, in which established diversity of citizenship. There are three subjects that can be brought forth during court proceedings: Is Matimak a citizen or subject of foreign state statues, Does...
Words: 465 - Pages: 2
...II. Which California court or courts hold jurisdiction for the amount in controversy in the three lawsuits that Bob wants to file? III. Why should Bob file his lawsuits in a particular court or courts? IV. Which case Bob must represent himself? Statement of Facts Our client Bob resides in Los Angeles, California and has asked for our advice in three separate cases in which he has loaned people money. In the first case, Bob loaned $500 to Al. Al signed a promissory note which says that Al will repay the loan in one month. Al has not paid anything. In the second case, Bob loaned $7,000.00 to Cathy 14 months ago. Cathy signed a promissory note which states that she would pay the note in full in 12 months. She has not paid. In the third case, Bob loaned $55,000 to Dan 24 months ago. Dan signed a promissory note stating he would repay the loan in 18 months. Dan has paid nothing. Al, Cathy, and Dan all reside in Los Angeles, California. California Statutes of Limitation Written agreements (promissory note): 4 years, calculated from the date of breach. Oral agreements: 2 years. The statute of limitation is stopped only if the debtor makes a payment on the account after the expiration of the applicable limitations period. Brief Answers I. Superior courts now have trial jurisdiction over all civil cases including family law, probate, juvenile, and general civil matters. For monetary issues under $10,000 a person in pro-per living in Los...
Words: 1906 - Pages: 8
...discipline in the litigation process an judicial mechanism finds it difficult to cope up with the enormous caseload. Particularly, in a modern technologically and economically well advanced society, litigation is a primary means of resolving disputes. When it fails to meet the need of the people there is oblivious need to search for new alternative methods of dispute resolution. It is in this context that the alternative modes of dispute resolution have gained primacy in the present millennium. Justice delivery institutions in most of the developing countries in the world are currently confronted with serious crises, mainly on account of delay in the resolution of the disputes particularly the delay in disposal of the commercial and other civil matters. We must admit that this situation has eroded public trust and public confidence in the justice delivery institutions. It obstructs economic growth, development and social justice to the citizens in a country. The crises therefore, call for an urgent solution. The cause for such backlog of cases is institutional and the delay in disposal of the cases, is due to procedural laws. Administrative institutions have failed to monitor the status, substance and pace of litigation in the courts. The beginning of the modern ADR movement is from United States of America. As Chief Justice Warren Burger of the U.S. Supreme Court once observed on noticing the increase of cases from 2000 to about 5000 in the US Supreme Court between 1963 to 1982...
Words: 3667 - Pages: 15
...4. Introducing A.D.R. in Bangladesh Justice Mustafa Kamal Former Chief Justice Supreme Court of BangladeshWHY A.D.R?The Vagaries of Civil LitigationA. D. R. means Alternative Dispute Resolution, mostly applied to civil cases. When a civil case is instituted in a court of competent jurisdiction, the scenario usually is, that a long time is taken to serve the process, the defendants beat the law and submit their written statement/s after a long delay beyond the permissible statutory period of two months, lawyers and judges do not take any interest in screening out a false and frivolous case at the first hearing of the case under Order X CPC (in fact no such first hearing takes place), they seldom try to shorten the disputed questions of fact and law by application of Orders XI and XII of the CPC and mostly ignore the elaborate procedure of discovery, interrogatories, notice to produce etc. contained in those Orders, the issues of a case are seldom framed following the Code of Civil Procedure, the case takes several years to reach a settlement date and on the date of positive hearing half a dozen or more ready cases are fixed for hearing, resulting in the hearing of none. In the meantime years roll by, presiding judge of a single case is transferred a number of times, witnesses of a single case may be heard by more than one presiding judge, arguments are listened to may be by another presiding judge and judgment may be delivered by a presiding judge who had had no connection with...
Words: 8477 - Pages: 34
...LOK ADALATS INDIA INDEX 1. Main Issue 2. Introduction 3. Constitutional Mandate of Justice 4. WHAT IS LOK ADALAT? 5. Lok Adalat : Legislative Base 6. Recent Concept of Mobile Lok Adalat: Justice at the Door Step 7. Organizational Set-up of Lok Adalat 8. Jurisdiction of Lok Adalat 9. Award of Lok Adalat 10. Benefits under Lok Adalat 11. Benefits of the Lok Adalat can be well seen in newspaper articles 12. Permanent Lok Adalat 13. Drawbacks of Lok Adalat 14. Lok Adalat – Challenges Ahead… 15. CONCLUSION Main Issue Is Lok-Adalat efficient enough to bring a change in the litigation field of India. Introduction The philosophy of Alternate Dispute Resolution systems is well-stated by Abraham Lincoln: "Discourage litigation; persuade your neighbors to compromise whenever you can. Point out to them how the normal winner is often a loser in fees, expenses, cost and time." Justice delayed is justice denied. Lok-Adalat has symbolized a human sensitive forum to provide amicable, speedy, cheap justice by adopting informal procedure and avoiding technicalities. Present Research Paper has attempted the history and development of Lok-Adalat in India. An analysis has been made on potential utility of Lok-Adalat as one of the ADR tools. An exploration has been made about the validity of the award of Lok-Adalat and grounds that keep it open to challenge for its judicial review. Present paper, thus provide a deep insight of Lok-Adalat and its potential utility...
Words: 7798 - Pages: 32
...resolve conflict in a peaceful manner, and achieve a greater sense of justice in each individual case. The resolution of disputes takes place usually in private and is more viable, economic, and efficient. ADR is generally classified into at least four types: negotiation, mediation, collaborative law, and arbitration. (Sometimes a fifth type, conciliation, is included as well, but for present purposes it can be regarded as a form of mediation Need of ADR in India: The system of dispensing justice in India has come under great stress for several reasons mainly because of the huge pendency of cases in courts. In India, the number of cases filed in the courts has shown a tremendous increase in recent years resulting in pendency and delays underlining the need for alternative dispute resolution methods. It is in this context that a Resolution was adopted by the Chief Ministers and the Chief Justices of States in a conference held in New Delhi on 4th December 1993 under the chairmanship of the then Prime Minister and presided over by the Chief...
Words: 3624 - Pages: 15
