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DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY LUCKNOW final DRAFT Code of civil procedure Jurisdiction of civil courts SUBMITTED TO: mrs.neetu (asst.prof. in law) SUBMITTED BY: Ankit kr mishra 6th SEMESTER (ROLL NO. 18) (SEC. A) TABLE OF CONTENTS Title of the Project Objective of the Project Jurisdiction meaning Jurisdiction and Consent Basis for determining jurisdiction Jurisdiction of Civil Courts Presumption as to jurisdiction Burden of proof Exclusion of jurisdiction: limitations Exclus
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  DR RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY LUCKNOW final DRAFT Code of civil procedure Jurisdiction of civil courts     SUBMITTED TO:  mrs.neetu (asst.prof. in law) SUBMITTED BY:  Ankit kr mishra 6  th   SEMESTER (ROLL NO. 18) (SEC. A) T BLE OF CONTENTS Title of the Project Objective of the Project Jurisdiction meaning Jurisdiction and Consent Basis for determining jurisdiction Jurisdiction of Civil Courts Presumption as to jurisdiction Burden of proof Exclusion of jurisdiction: limitations Exclusion of jurisdiction of civil court: principles General principles Conclusion Bibliography   Title of the Project    –  Jurisdiction of Civil Court. Objective of the Project  –   In this project I am going to describe what jurisdiction of civil courts is, clarify the kinds of the jurisdiction that exists and finally state what are the general principles laid down from various decisions of the Supreme Court. Introduction - Jurisdiction meaning  –   The term “jurisdiction” has not been defined in the Code. The word (jurisdiction) is derived from Latin terms “juris” and “dicto” which means “I speak by the law”.   Stated simply, “jurisdiction” means the power or authority of a court of la w to hear and determine a cause or a matter. It is the power to entertain, deal with and decide a suit, an action, petition or other proceeding 1 . In other words, by jurisdiction is meant the 1  Concise Oxford English Dictionary (2002) at p. 768; P.R. Aiyar, Advanced Law Lexicon (2005) Vol. III at  pp. 2527-30; Justice C.K. Thakker, Encyclopedic Law Lexicon (2009) Vol. II at pp. 2500-04.  authority which a court has to decide matters that are litigated before it or to take cognizance of matters presented in a formal way for its decision 2 . Thus, jurisdiction of a court means the extent of the authority of a court to administer justice prescribed with reference to the subject-matter, pecuniary value and local limits 3 . Jurisdiction and Consent - It is well-settled that consent cannot confer nor take away jurisdiction of a court. In the leading case of  A. R. Anthulay v . R.S.Nayak  , Mukharji 4 , J. (as he then was) started, “This Court, by its directions, could not confer jurisdiction on the High Court of Bombay to try any case for which it did not possess......”  It was further stated: “The power to create or enlarge jurisdiction is legislative in character, so also the power to confer a right of appeal or to take away right to appeal. Parliament alone can do it by law and no court, whether superior or inferior or both combined, can enlarge the jurisdiction of a court or divest a person of his rights of revision and appeal.”  If the court has no inherent jurisdiction, neither acquiescene nor waiver nor estoppels can create it. A defect of jurisdiction goes to the root of the matter and strikes at the authority of a court to pass a decree. Such a basic and fundamental defect cannot be cured by consent of parties and the judgment or order passed by a court, however precisely certain and technically correct, is null and void and the validity thereof can be challenged at any stage 5 . A decree passed without jurisdiction is nonest and its validity can be set up whenever it is sought to be enforced as a foundation for a right, even at the stage of 2  Official Trustee v. Sachindra Nath, AIR 1969 SC 823 at p.827: (1969) 3 SCR 92; Ujjan Bai v. State of U.P., AIR 1962 SC 1621 at p. 1629; (1963) 1 SCR 778; Raja Soap Factory v. S.P. Shantharaj, AIR 1965 SC 1449; (1965) 2 SCR 800. 3  Raja Soap Factory v. S.P. Shantharaj, AIR 1965 SC 1449; (1965) 2 SCR 800. 4  (1988) 2 SCC 602 at p. 650: AIR 1988 SC 1531. 5  Ibid, see also Vasudev Dhanjibhai Modi v. Rajabhai Abdul Rehman, (1970) 1 SCC 670: AIR 1970 SC 1475; Chandrika Misir v. Bhaiya Lal, (1973) 2 SCC 474 at p. 476: AIR 1973 SC 2391 at p.2393.

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Jul 23, 2017
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