
Srinagar, Mar 3: The High Court of Jammu & Kashmir and Ladakh has ruled that territorial jurisdiction is determined by essential facts of a dispute, not a litigant’s convenience, and dismissed a CRPF constable’s writ petition on jurisdictional grounds.
A bench led by Justice Wasim Sadiq Nargal observed that the expression “cause of action” cannot be interpreted liberally to allow forum shopping. The petitioner, a CRPF constable, challenged his dismissal, which occurred in New Delhi, along with appellate and revisional orders passed outside Jammu & Kashmir.
The court held that mere residence in the Union Territory or receipt of orders there does not confer jurisdiction. It emphasised that only substantial facts connected to the dispute within the High Court’s territory can establish jurisdiction.
Quoting Supreme Court precedents, the bench noted that allowing unilateral acts like shifting residence to dictate jurisdiction would undermine the orderly administration of justice. Since all material events occurred outside the state, the writ petition was dismissed without considering the merits of the disciplinary action.
Srinagar, Mar 3: The High Court of Jammu & Kashmir and Ladakh has ruled that territorial jurisdiction is determined by essential facts of a dispute, not a litigant’s convenience, and dismissed a CRPF constable’s writ petition on jurisdictional grounds.
A bench led by Justice Wasim Sadiq Nargal observed that the expression “cause of action” cannot be interpreted liberally to allow forum shopping. The petitioner, a CRPF constable, challenged his dismissal, which occurred in New Delhi, along with appellate and revisional orders passed outside Jammu & Kashmir.
The court held that mere residence in the Union Territory or receipt of orders there does not confer jurisdiction. It emphasised that only substantial facts connected to the dispute within the High Court’s territory can establish jurisdiction.
Quoting Supreme Court precedents, the bench noted that allowing unilateral acts like shifting residence to dictate jurisdiction would undermine the orderly administration of justice. Since all material events occurred outside the state, the writ petition was dismissed without considering the merits of the disciplinary action.
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