"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well."

-Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Tuesday, July 14, 2009

Recent Judgments

Power of the HC to transfer a case to itself from Administrative Tribunal and Decide

State of West Bengal v. Samar Kumar Sarkar. CIVIL APPEAL NO. 4350 OF 2009. Date of Judgment 14.07.09

The court held that though the power of the HC under Art. 227 is wide enough to cover Tribunals, the power of interference is limited to seeing that the Tribunal functions within the limits of its authority.

The appeal is allowed observing that "the High Court could not, under the powers conferred by this Article, withdraw a case to itself from a Tribunal and dispose of the same, or determine merely the question of law as to the interpretation of the Constitution arising before the Tribunal."

Territorial Jurisdiction of the Magistrate's Court to take congnizance of an offence

Rajiv Modi v. Sanjay Jain. CRIMINAL APPEAL NO. 1214 OF 2009. Date of Judgment 14.07.09

1. To constitute the territorial jurisdiction, the whole or a part of the "cause of action" must have arisen within the territorial jurisdiction of the court.

2. The Court on basis of the averments made in the complaint, if it is prima facie of the opinion that the whole or a part of cause of action has arisen in its jurisdiction, can certainly take cognizance of the complaint.

3. There is no need to ascertain that the allegations made are true in fact.

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