Jurisdiction
1 Legal Principle - Test to determine whether Jurisdiction of Civil Courts is barred:
2 Legal Principle - Non-compliance to provisions of the statute – Authority have acted in violation of the fundamental principles or judicial procedure – Jurisdiction of Civil Courts not barred:
3 Legal Principle - Authority acting in violation to the mandate of law – acting without jurisdiction:
4 Legal Principle - Declining to go into the merits of a claim could be said to be a case of refusal to exercise jurisdiction:
5 Legal Principle - Order without hearing the affected party in contravention of the mandate of Law - nullity, Void ab initio - action without Jurisdiction:
6 Legal Principle - Failure to exercise powers when the situation warrants – amounts to failure to exercise jurisdiction:
7 Legal Principle - other Instances of jurisdictional errors:
8 Legal Principle - Distinction between - jurisdictional errors - non jurisdictional errors:
9 Legal Principle - Jurisdictional fact - what is - Existence of 'jurisdictional fact' is sine qua non for the exercise of power:
10 Legal Principle – Jurisdiction - basic attributes of:
11 Legal Principle – Jurisdictional facts – what are those – Implication of its non existence:
12 Legal Principle - Wherever jurisdiction is given by a statute – such jurisdiction is given upon certain specified terms contained therein:
13 Legal Principle - Consequences of actions / Orders which are suffering from without jurisdiction:
14 Legal Principle - Where the Order / Decree is passed by a court / tribunal lacking inherent jurisdiction – it can be challenged at any stage, even in Execution or in collateral proceedings:
15 Legal Principle - Order without jurisdiction - the principles of estoppel, waiver and acquiescence will have no application:
16 Legal Principle - Issuance of Notice - existence of certain facts stipulated under the law - must actually exist - the condition precedent for issuance of Notice:
17 Legal Principle – Pleadings of both sides can be looked into under O.XIV Rule 2(2) of CPC, 1908, to see whether court has jurisdiction:
18 Mentioning of a wrong provision or non-mentioning of a provision does not invalidate an order if the court and/or statutory authority had the requisite jurisdiction.
19 Constitution of Members of Tribunal, being Jurisdictional issue, must be in consonance with legislative mandate.
20 The Plea of inherent lack of jurisdiction can be taken at any stage of the proceedings; and can be taken even without pleading the same.
21 The Appellate Authority by considering Case on merits, cannot cure the jurisdictional defect of Original Forum.