Determining Jurisdiction in India

Determining Jurisdiction in India

In simple words jurisdiction can be defined as the limit of judicial authority or the extent to which a court of law can exercise its authority over suits, cases, appeals and other proceedings. The rationale behind introducing the concept of jurisdiction in law is that a court should be able to try and adjudicate only in those matters with which it has some connection or which falls within the territorial or pecuniary limits of its authority.

Section 9 of the Civil Procedure Code, 1908 confers jurisdiction over the civil courts to adjudicate upon all suits of civil nature, except such suits the cognizance of which is either expressly or implied barred. In other words whenever the object of the proceedings is the enforcement of civil rights, a civil court would have jurisdiction to entertain the suit unless the cognizance of the same is barred through a legislative instrument.

Disputes relating to property, breach of contracts, wrongs committed in money transactions, etc. are categorized as civil wrongs and could be subject to a civil process. In such cases civil suits should be instituted by the aggrieved persons. Civil wrongs are redressed before civil courts by granting injunctions or by payment of damages or compensation to the aggrieved party. As a matter of fact, every suit should be instituted before the court of lowest jurisdiction. In the civil side the Munsiff’s Court is the court of lowest of the jurisdiction.

Hence, it is clear that the jurisdiction of the Civil Court does not extend to all matters but might be limited in certain cases. Thus, the current position regarding the jurisdiction of Civil Courts is that they have inherent jurisdiction to heat into all civil matters unless it is expressly or implied excluded by a statute.

Comments (5)

  1. Venkata Mahesh Kumar Nakka says on 02 Oct 2019

    Sir,I was working for an MNC in Kakinada, where the incident of whistleblowing case took place. I was transferred to Mumbai. After six months. I was illegally terminated from my job.Can I file a case in Visakhapatnam at my Home Town? I am asking this question because even advocates are in confusion to file this case.Thanking you sir,

  2. Sharmistha Sil says on 06 Mar 2020

    Hi, Proud to see your article here. I have a query, if the executing parties are Indian and the services are also being rendered in India, can the parties state jurisdiction in foreign courts since their parents are located there? Thanks.

    • Singhania says on 09 Mar 2020

      Dear Sharmistha,If the parties are Indian and the services are also being rendered in India then parties cannot agree for conferring jurisdiction upon a foreign court. Indian parties are bound by Indian law and hence cannot agree for foreign law. However, if at all they agree and have some decision in the foreign court, the same will not be enforceable/ executable in India.

  3. V.M.SINGH says on 19 Jun 2020

    The Purchase Order was issued from Delhi with a clause that in case of dispute, venue of Arbitration Proceedings shall be in Mumbai.Where will be the jurisdiction to file an appeal to the Arbitration Award. Delhi or Mumbai

  4. Pulkit Zamindar says on 20 Sep 2020

    Sir,If the parties confer exclusive jurisdiction on a court whose jurisdiction is not barred by Section 20 of the CPC just to avail lower stamp duty, can the court refuse to exercise jurisdiction on the same?

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