Jurisdiction of Courts and various kinds of Jurisdiction

 

Jurisdiction of Courts

•      It is very important to know firstly which forum is appropriate for the redressal of grievance of the suitor.

•      The proper Court is one which is vested with the power and authority to entertain, try and determine a cause.

•      Such power and authority to entertain, try and determine a cause is known as “ Jurisdiction of the Courts.”

•      A suit must be filed before a Court which enjoys the authority to entertain, try and determine the suit.

•      Selection of a wrong forum may be fatal to the suit.

•      Section 6 and 9 of the Code of Civil Procedure 1908 deal with jurisdiction of Courts.

•      Whereas Section 6 provides that the Court cannot entertain a suit the value of which is more than their pecuniary limits, Section 9 declares that the Courts shall have jurisdiction to try all suits of a civil nature unless expressly or impliedly barred.

Who grants jurisdiction to a Court

•      Jurisdiction is granted to a Court by the Legislature.

Meaning of “to have jurisdiction “ and “ not to have jurisdiction” and effect thereof

•      If the Court is vested with the power or authority to try and adjudicate upon a cause, then it is said “ to have the jurisdiction over the matter.” A suit is not maintainable in a Court which is not vested with the jurisdiction to try the subject matter of the suit. If a Court not having jurisdiction over the matter ventures to hear and decide such suit and passes a decree, then that decree is void.

Distinction between “lack of Jurisdiction” and “ irregular exercise of Jurisdiction”

•      The expression “lack of jurisdiction” denotes that the Court does not have jurisdiction over the cause whereas the expression ‘ irregular exercise of jurisdiction” refers to a wrong decision or judgment over the cause in which the Court had the jurisdiction.

•      A decree passed by a Court lacking jurisdiction is nothing but nullity but a decision flowing from irregular exercise of jurisdiction is challengeable before the superior Court as provided by law.

Objection as to Jurisdiction must be taken at the earliest available opportunity

•      Any objections as to jurisdiction must be taken by the defendant at the earliest available opportunity. The reason is twofold:-

Firstly, if the defendant succeeds in satisfying the Court that it is not vested with the jurisdiction to entertain the suit, then the Court shall not proceed with the matter and there shall be no need for the defendant to contest the matter on merits.

Secondly, where the jurisdiction of trail Court is not questioned before it and the trial Court passes the decree which is impugned before the superior Court, then such superior Court may refuse to entertain the plea of Jurisdiction of trail Court.

Jurisdiction and Consent

•      It is well settled preposition of law that Consent of the parties neither confer nor takes away the jurisdiction of a Court. An agreement to oust absolutely the jurisdiction of the Court would be unlawful and void, being against the public policy.

•      But if two or more Courts have jurisdiction to try the suit, then it is open to the parties to select a particular forum and exclude the other forum. Such an agreement would be legal, valid and enforceable.[ Laxman Prasad vs. Prodigy Electronics Ltd., (2008) 1 SCC 618]

                                    

 

                                     Kinds of Jurisdiction

Jurisdiction of a Court may classified under the following kinds:-

1.     Territorial Jurisdiction

2.     Pecuniary Jurisdiction

3.     Jurisdiction of the subject-matter

4.     Original and Appellate Jurisdiction.

 

1. Territorial Jurisdiction: Territorial Jurisdiction refers to the geographical extent beyond which the Court cannot exercise its jurisdiction. These limits are fixed by the Government. For example:- the Court of District Judge of Kapurthala can exercise its jurisdiction within the local limits of Kapurthala district only and not beyond it. High Court has jurisdiction over the territory of State and not beyond it. A Court has no jurisdiction to try a suit for immovable property situated beyond its local limits and accordingly, a Civil Court of Kapurthala cannot entertain a suit relating to a property situated at Jalandhar.

 

2. Pecuniary Jurisdiction: Pecuniary Jurisdiction relates to value of the suit. Section 6 of the Code of Civil Procedure, 1908 provides that a Court will have the jurisdiction only on those suits in which the amount or value of the subject matter of which does not exceed the pecuniary limits of its jurisdiction. Some Courts have unlimited pecuniary jurisdiction, for example High Courts and District Courts have no pecuniary limitations. But there are other Courts having jurisdiction to try suits up to a particular amount. Thus, a Presidency Small Causes Court cannot entertain a suit in which the amount claimed exceeds Rs. 10,000/-.

3. Jurisdiction of the Subject-matter: Different Courts have been empowered to decide different types of suits. Certain Courts are precluded from entertaining certain suits. Thus, a Presidency Small Causes Court has no jurisdiction to try suits for specific performance of a Contract, partition of immovable property, foreclosure or redemption of a mortgage etc. Similarly, in respect of testamentary maters, divorce cases, probate proceedings, insolvency proceedings etc only the District Judge or Civil Judge ( Senior Division) has jurisdiction.

4. Original and Appellate Jurisdiction: Original Jurisdiction is jurisdiction conferred upon a Court of First instance. In the exercise of that Jurisdiction, a Court of First instance decide suits, petitions or applications. Appellate Jurisdiction is the power or authority conferred upon a superior Court to rehear by way of appeal, revision etc., of causes which have been tried and decided by Courts of original jurisdiction. Munsiffs Courts, Courts of Civil Judges, Small Causes Courts are having Original Jurisdiction only, while District Courts, High Courts having original as well as appellate jurisdiction.