Tag Archives: Tribunals

Due Course of Law

In the case of East India Hotels Ltd. v. Syndicate Bank, 1992 Supp (2) SCC 29, Hon’ble Supreme Court observed as under:

“What is meant by due course of law? Due course of law in each particular case means such an exercise of the powers by duly constituted Tribunal or Court in accordance with the procedure established by law under such safeguards for the protection of individual rights. A course of legal proceedings according to the rules and principles which have been established in our system of jurisprudence for the enforcement and protection of private rights. To give such proceedings any validity, there must thus be a Tribunal competent by its constitution, that is by law of its creation, to pass upon the subject matter of the suit or proceedings; and, if that involves merely a determination of the personal liability of the defendant, it must be brought within its jurisdiction by service of process within the State, or his voluntary appearance. Due course of law implies the right of the person affected thereby to be present before the Tribunal which pronounces judgment upon the question of life, liberty or property in its most comprehensive sense; to be heard, by testimony or otherwise, and to have the right determination of the controversy by proof, every material fact which bears on the question of fact or liability be conclusively proved or presumed against him. This is the meaning of due course of law in a comprehensive sense.”   Sawwad Ali v. Rajesh Kumar, 2019 (135) ALR 927.

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Jurisdiction – Meaning of

Jurisdiction is the authority or power of the Court to deal with a matter and make an order carrying binding force in the facts. In support of judicial opinion for this view reference may be made to the Permanent Edition of “Words and Phrases” Vol. 23-A at P. 164. It would be appropriate to refer to two small passages occurring at pp. 174 and 175 of the volume. At p. 174, referring to the decision in Carlile v. National Oil & Dev. Co., 83 Okla 217 : 201 P 377 (1921), it has been stated:
“Jurisdiction is the authority to hear and determine, and in order that it may exist, the following are essential: (1) A court created by law, organized and sitting; (2) authority given to it by law to hear and determine causes of the kind in question; (3) power given to it by law to render a judgment such as it assumes to render; (4) authority over the parties to the case if the judgment is to bind them personally as a judgment in personam, which is acquired over the plaintiff by his appearance and submission of the matter to the court, and is acquired over the defendant by his voluntary appearance, or by service of process on him; (5) authority over the thing adjudicated upon its being located within the court’s territory, and by actually seizing it if liable to be carried away; (6) authority to decide the question involved, which is acquired by the question being submitted to it by the parties for decision.” State of Jharkhand v. Hindustan Construction Company Ltd., (2018) 2 SCC 602.

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