Amita 05 September 2021

Question re: order passed by a court without jurisdiction

Hello. This issue originally arises out of a matrimonial litigation (maintenance) but is essentially re: the Constitutional provisions.

It is well-settled that an Order passed by a Court without jurisdiction is a Nullity (Dwarka Prasad Agarwal Vs. B. D. Agarwal; (2003) 6 SCC 230).

However, does this apply to a case where the Court has applied a wrong jurisdiction ? For instance, a petition was filed before the High Court under Article 227 (Supervisory jurisdiction). However, the Court has also exercised powers under Original as well as Appellate jurisdiction, both which are completely different from the Supervisory powers.

Would the above-mentioned principle hold true for such a case too ?

Thanks

Amita

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2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 05 September 2021

In the federal court system, the circuit courts have appellate jurisdiction over the cases of the district courts, and the Supreme Court has appellate jurisdiction over the decisions of the circuit courts.

Amita 05 September 2021

Thank you for the response, Sir. Unfortunately, it seems way too generic. Would you, please, respond to my specific question ? It's essentially exercise of Original and Appellate powers in a petition filed under Article 227. Can it be called a "lack of" jurisdiction as the Supervisory Court (Ld. Single Judge) never has those powers in the first place ? Thank You