Jurisdiction
Shambhu
(Querist) 18 March 2010
This query is : Resolved
How is the jurisdiction in a criminal an/or civil matter decided? Pl. advice in detail
A V Vishal
(Expert) 18 March 2010
Territory of a court is decided after taking into account several factors. They are:
In Case Of Immovable Property: If the suit is with regard to recovery, rent, partition, sale, redemption, determination of right of immovable property, it shall be instituted in the court within the local limits of whose jurisdiction the property is situated.
Immovable Property Situated Within The Jurisdiction Of Different Courts: In such a case the suit may be instituted in any court within the local limits of whose jurisdiction any portion of the property is situated.
In Case Of Disputr Between Two Or More Persons With Respect To Movable Property, Business Or Any Other Wrong Done: Where a wrong has been caused to a person, or any damage has been caused to a movable property, then the suit may be instituted either,
- In the place, where wrong or damage has been caused, or
- In the place, where defendant (the person who caused the loss) resides.
Where there is a dispute in business, agreement or any other kind of civil dispute, except matrimonial matter, then the suit may be instituted either,
- In a place, where the defendant resides, or carries on business, or
- In a place, where the cause of action has arisen, i.e. where the dispute or wrong took place
In Case Of Matrimonial Diapute: Where a dispute arises between Husband and wife inregard to their marital life then the case may be filed either:
- In the place where marriage was solemnized, or ;
- In the place, where opposite party is residing, or;
- In the place, where Husband and Wife lost resided together, or;
- In the place, where person filing the case is residing, provided that.
Opposite party has not been heard of as alive for the last Seven years, or
Opposite party resides outside the jurisdiction of Hindu Marriage Act 1955.
A V Vishal
(Expert) 18 March 2010
JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
177. Ordinary place of inquiry and trial.
177.Ordinary place of inquiry and trial. Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.
178. Place of inquiry or trial.
178.Place of inquiry or trial. (a) When it is uncertain in which of several local areas an offence was committed, or
(b) where an offence is committed, partly in one local area and partly in another, or
(c) where an offence, is a continuing one, and continues to be committed in more local areas than one, or
(d) where it consists of several acts done in different local areas,it may be inquired into or tried by a Court having jurisdiction over any of such local areas.
179. Offence triable where act is done or consequence ensues.
179.Offence triable where act is done or consequence ensues. When an act is an offence by reason of anything which has been done and of a consequence which has ensued, the offence may be inquired into or
tried by a Court within whose local jurisdiction such thing has been
done or such consequence has ensued.
A V Vishal
(Expert) 18 March 2010
180.Place of trial where act is an offence by reason of relation to otheroffence.
180.Place of trial where act is an offence by reason of relation to other offence. When an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence
if the doer were capable of committing an offence, the first-mentioned offence may be inquired into or tried by a Court within whose local jurisdiction either act was done.
181. Place of trial in case of certain offences.
181.Place of trial in case of certain offences. (1) Any offence of being a thug, or murder committed by a thug, of dacoity, of dacoity with murder, of belonging to a gang of dacoits, or of escaping from
custody, may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the accused person is found.
(2)Any offence of kidnapping or abduction of a person may be inquired into or tried by a Court within whose local jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained.
(3)Any offence of theft, extortion or robbery may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property which is the subject of the
offence was possessed by any person committing it or by any person who
received or retained such property knowing or having reason to relieve it to be stolen property.
(4)Any offence of criminal misappropriation or of criminal breach
of trust may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or any part of the property which is the subject of the offence was received or retained, or was
required to be returned or accounted for, by the accused person.
(5)Any offence which includes the possession of stolen property may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property was
possessed by any person who received or retained it knowing or having reason to believe it to be stolen property.
Raj Kumar Makkad
(Expert) 18 March 2010
Nothing to add anything in the detailed reply of vishal.
