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april 2004

Supreme Court of India · 2004-04-28

M/S. Kusum Ingots & Alloys Ltd vs Union Of India And Anr

Citation / case number
AIR 2004 SUPREME COURT 2321
Court
Supreme Court of India
Petitioner
M/S. Kusum Ingots & Alloys Ltd
Respondent
Union Of India And Anr
Author
S.B. Sinha
Bench
Chief Justice, S.B. Sinha, S.H. Kapadia

Judgment text excerpt

The Supreme Court held that the territorial jurisdiction of a High Court to entertain a writ petition under Article 226 of the Constitution of India is determined by the location where the cause of action arises, as per Clause (2) of Article 226 and Section 20(c) of the Code of Civil Procedure. The Court clarified that the seat of Parliament or a State Legislature is not a relevant factor in this determination. The appeal was dismissed, affirming the High Court's ruling that it lacked jurisdiction to entertain the writ petition due to the absence of a cause of action within its territorial limits.

M/S. Kusum Ingots & Alloys Ltd vs Union Of India And Anr · Niyam