Despite the fact that the law included in the Constitution, Civil and Criminal Codes, and statutes on various subject issues explicitly define and demarcate court jurisdiction, the common question that frequently appears before the court is in reference to territorial jurisdiction of the court. This article aims to briefly describe the law governing territorial jurisdiction of courts. Jurisdiction of court refers to power of the court to deal with the matter and render a decision for the resolution of matter. Jurisdiction of every court is on three counts i.e., Subject matter, Pecuniary and Territorial.
Territorial jurisdiction refers to power of the court to inquire and proceed with the trial of matter that is presented before it.
TERRITORIAL JURISDICTION OF INDIAN CIVIL COURTS
Every civil complaint for the recovery/partition/sale, mortgage, redemption/determination of any right or claim/compensation for wrong to immovable property or for the recovery of moveable property must be filed in the court of law where the property is located. If the suit seeks to gain relief or compensation for property held by the defendant, it may be filed in the court where the property is located or in the court where the defendant resides or conducts business.
Every plaintiff may bring a suit at the court of law within whose local borders the defendant/opponent against whom the claim arises willingly resides, carries on his business, or is gainfully employed for any suit, according to Section 20 of the Civil Procedure Code, 1908 (CPC). The suit may also be brought in a court within whose local limits the entire or part of the cause of action originated, according to the section. This is a fundamental legal principle that suits are normally filed in the court of law whose jurisdiction the entire or a portion of the cause of action arises. The circumstances surrounding a claim, as well as the relief that provides the plaintiff the ability to file a lawsuit, are known as causes of action.
It further provides that in case of more than one defendant, the suit can be instituted in any court within whose jurisdiction any of the defendants resides or carries on business. A suit can be filed only after obtaining leave of the court or by way of other defendants accepting it.
The legislation further states that if the property is located in the jurisdiction of more than one court, the plaintiff may file the lawsuit in any of the courts in which any portion of the property is located.
TERRITORIAL JURISDICTION OF CRIMINAL COURTS IN INDIA
Every offence committed in India is normally enquired into and tried in the court within whose local bounds the offence is committed, according to Section 177 of the Criminal Procedure Code, 1973 (Cr. PC). The statute included in CRPC further states that if an offence consists of many acts committed in distinct local areas, it may be investigated and tried by a court that has jurisdiction over any of these areas.
Section 188 of the Criminal Procedure Code gives Indian Criminal Courts jurisdiction over crimes committed by Indian citizens or non-citizens on ships or aeroplanes registered in India. The Section states that if an offence is committed outside India by an Indian citizen or non-citizen on a ship or aircraft registered in India, the accused may be prosecuted as if the offence was committed within India at any location where he is found, provided that prior approval from the central government is obtained.
The police may take cognizance of the offence in India under the law, but the trial will not proceed without prior approval from the central government, as required under section 188 of the CRPC.
- What is the name of the court that has original jurisdiction, Colors New York, https://colors-newyork.com/what-is-the-name-of-a-court-that-has-original-jurisdiction/
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