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RAHUL GUPTA (MANAGER)     28 November 2021

Jurisdiction due to subject matter

Can an objection on Jurisdiction due to Subject matter be raised for the first time at the stage of appeal ? 

Objection on Jurisdiction due to Pecuniary limits  or  Place of Trial  ( Geographic Limits )  needs to be taken up at the first instance in the trial suit .



 7 Replies

Advocate Bhartesh goyal (advocate)     28 November 2021

Objection regarding jurisdiction should be raised

RAHUL GUPTA (MANAGER)     29 November 2021

Please clarify if this Objection can be raised at Appeal if it has not been raised at the Trial stage .

Shashi Dhara   29 November 2021

Try it as additional issue in appeal court or court will frame if you rise that point and adduce additional evidence .

P. Venu (Advocate)     29 November 2021

You have not posted the material facts,

RAHUL GUPTA (MANAGER)     30 November 2021

Please let me know what facts are desired. I'll be happy to provide them 

Dr J C Vashista (Lawyer)     01 December 2021

The court who do not have the subject matter jurisdiction can not adjudicate the case/ matter. What is the subject matter in dispute and which court has adjudicated /

Pecuniary (financial limits) and place (territorial) jurisdiction has to be considered by the Court, even if it is ommitted by parties to lis.

Issue of jurisdiction can be raised at any stage.

Whether Trial Court has already decided/ order and judgment passed / decree drawn ?

Facts posted are incomplete.

Show the case file to  a local prudent lawyer for better appreciation of facts and professional advise.  

 

RAHUL GUPTA (MANAGER)     02 December 2021

The subject matter in dispute is Industrial Disputes Act with recovery of collateral damages and declaration and a Senior Civil Court has decided the case finally and decree passed in favour of  plaintiff .

 

Issue of improper exercise of  Subject Matter Jurisdiction is being raised for the first time at the stage of Appeal by the Appellant/ Defendant .

Please advise now 

 

 


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