Jurisdiction
kaur
(Querist) 21 December 2016
This query is : Resolved
I filed suit for recovery on account of damages against the defendant/employer where I reside as letter of appointment was issued/delivered to me at my residence and defendant is also having Satsang Bhawan and office where I reside. Although they carry on spiritual discourses like Satsang and other gathering of free work. Defendant will definitely fight for jurisdiction and how can I convince the court or is there any way I can appeal to court.
adv.bharat @ PUNE
(Expert) 21 December 2016
Where the cause of action arose is the place where u can file case. In your case your place of residence and its area where district court u can make appeal.
Will u appreciate this answer by giving like on LCI profile?
kaur
(Querist) 21 December 2016
Some complaints and request letters were sent by my own relatives from my place to employer /management due to which I was dismissed. Now if such complaints and requests letters were sent from my place of residence can my place be taken as cause of action.
dr g balakrishnan
(Expert) 22 December 2016
obviously, where the cause of action has taken place fall under jurisdiction paradigm pl.
dr g balakrishnan
(Expert) 22 December 2016
on what you claim damages is to be provided pls.
rajeev sharma
(Expert) 22 December 2016
you have not disclose full facts regarding your place of living place of posting and the place of your employer is having its registered office what kind of defamation took place and at what place. Merely the fact that employment letter was delivered at your your residence is not a sole factor to decide jurisdiction .
Kumar Doab
(Expert) 22 December 2016
Is it the same query:
http://www.lawyersclubindia.com/experts/Proceedings-608401.asp
http://www.lawyersclubindia.com/experts/Legal-aid-611726.asp
Kumar Doab
(Expert) 22 December 2016
Apparently you were in Rajashtan.
Now at Amrisar.
The premise where :::Satsang Bhawan/gathering for free work happens::: may not justify to be an office.
Post full facts of the matter.
kaur
(Querist) 22 December 2016
I attended the date and defendants advocate submitted POA but 1 defendant notice to be sent again. Kindly reply that letters were sent by my relative from my place and can this be taken as cause of action. If NO that under what section I appeal to court to trial the place where I reside as going to employer place is danger to my life. Further where the employer has satsang Bhavan they collect donation.
Rajendra K Goyal
(Expert) 22 December 2016
Please state full material facts for advice.
Kumar Doab
(Expert) 22 December 2016
You may narrate the material facts in proper sequence.
P. Venu
(Expert) 23 December 2016
Yes, please post all the material facts.
kaur
(Querist) 23 December 2016
I have filed suit for recovery on account of damage charges caused to me during employment in private organisation against the management where I presently reside. As management have charge sheet me and dismissed me on ground that my relatives have wrote letter to higher authority. My advocate have taken jurisdiction that employment letter was issued/delivered to me at my place and relatives who have wrote letter to higher authority they too reside at my place thus cause of action arose from my place and management is having one office within Satsang Bhawan where I reside. On the date the management advocate submitted memo of appearance without POA and next date is issued. Now please guide if on ground of jurisdiction my case is dismissed what alternate way is that I can appeal to court since going to management place is danger to my life and further distance is far away.
Kumar Doab
(Expert) 23 December 2016
You have already narrated it in your post; danger to life, management has an office, cause of action has arisen as per you at the said location, the Regd. office is far off........etc .
Now the court is to get convinced per facts and provisions....
Kumar Doab
(Expert) 23 December 2016
Thanks for agreeing Mr. Goyal.
kaur
(Querist) 27 December 2016
Can court accept jurisdiction on appeal sympathetic grounds that there is danger to one's life besides no income source.
Kumar Doab
(Expert) 28 December 2016
You can pleas whatever is on your mind.
You may have to approach higher court!
kaur
(Querist) 01 January 2017
plea to same court where case is pending
