jurisdiction

Jurisdiction is the power of a court to entertain a case and pass a binding decision. It is usually classified as territorial (the place where the cause of action arose or the defendant resides), pecuniary (the value of the suit), and subject-matter (the kind of dispute); and as original, appellate or revisional. Under Section 9 CPC civil courts can try all suits of a civil nature unless their jurisdiction is expressly or impliedly barred.

Lack of subject-matter or inherent jurisdiction makes a decree a nullity, and consent of parties cannot confer it. Objections to territorial and pecuniary jurisdiction, by contrast, must be raised at the earliest opportunity and an appellate court will not upset a decree on that ground alone unless there has been a failure of justice (Section 21 CPC).

Example

Since the property lay in Mysuru, the Bengaluru court had no territorial jurisdiction under Section 16 CPC.

In Indian law

• Sections 9, 15 to 21, Code of Civil Procedure, 1908

See also

cause of action · suit · inherent powers · forum non conveniens

Read more in the study notes

• Administrative law: meaning, nature, scope, growth and sources (Administrative Law)
• Rule of law and droit administratif (Administrative Law)
• Control of delegated legislation: parliamentary, procedural and judicial (Administrative Law)
• Judicial power of the administration: quasi-judicial functions and administrative adjudication (Administrative Law)
• Reasoned decisions, exceptions to natural justice, effect of breach and Article 136 (Administrative Law)
• Judicial control: public and private law remedies, writ procedure and ouster clauses (Administrative Law)