Case Name : Sarika vs Administrator, Mahakaleshwar Mandir Committee, Ujjain (M.P.) & Ors.
Case Reference: (2020) 9 SCR 303 :
Neutral Citation:
Case Number: MA 1235/2019 in Civil Appeal 4676/2018
Court: Supreme Court
Bench: 03
Coram: Arun Mishra (Author), BR Gavai, Krishna Murari
Date: 01.09.2020
Questions on jurisdiction of cases The question of territorial jurisdiction in civil cases revolves around (Para 18) 1. Cause of action 2. Location of the subject matter of the suit 3. Residence of the defendant The question of territorial jurisdiction in criminal cases revolves around (Para 18) 1. Place of commission of the offence 2. Place where consequence of act ensues (Both of which - the offence and the consequence - would constitute an offence) 3. Place where accused was found 4. Place where victim was found 5. Place where property in respect of which offence was committed was found 6. Place where property forming subject matter of an offence was required to be returned or accounted for
==Determination of Jurisdiction of courts A civil court’s jurisdiction is determined by (Para 19) 1. Territorial limits 2. Pecuniary limits A criminal court’s jurisdiction is determined by (Para 19) 1. Offence 2. Offender
Objection to jurisdiction Civil courts - CPC - Section 21 - at the first possible stage Criminal courts - no similar provision
Returning of matter Civil matters - Return of plaint under CPC - Order VII rule 10 - at any stage Criminal matter - Return of complaint under CrPC - Section 201 1. Before cognizance 2. Limited to complaints; not including police reports
Para 21 - Summarising principles in sections 177 to 184 of CrPC
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Refer also:
Judgment name
See also: CrPC - Section 177 CrPC - Section 178 CrPC - Section 179 CrPC - Section 180 CrPC - Section 181 CrPC - Section 182 CrPC - Section 183 CrPC - Section 184
PDF: Sarika vs Administrator, Mahakaleshwar Mandir Committee, Ujjain, (2020) 9 SCR 303.pdf