This judgment from Supreme Court hits the final nail of those persons who say a High Court does not have territorial jurisdiction beyond it’s borders. It also cites Kusum Ingots where by Supreme Court has expressed an Obiter Dicta (Judicial opinion, different from ratio decidendi, which is word of Judge based on case facts) to the same effect.
From Para 11
Nawal Kishore Sharma Vs Union of India and Ors on 7 August 201411. On a plain reading of the amended provisions in clause (2), it is clear that now the High Court can issue a writ when the person or the authority against whom the writ is issued is located outside its territorial jurisdiction, if the cause of action wholly or partially arises within the court’s territorial jurisdiction. Cause of action for the purpose of Article 226(2) of the Constitution, for all intent and purpose must be assigned the same meaning as envisaged under Section 20(c) of the Code of Civil Procedure. The expression cause of action has not been defined either in the Code of Civil Procedure or the Constitution. Cause of action is bundle of facts which is necessary for the plaintiff to prove in the suit before he can succeed. The term “cause of action” as appearing in clause (2) came up for consideration time and again before this Court.
Citations: [2014 AIR SC 3607], [2014 AJR 4 410], [2014 ALR 106 710], [2014 AWC SC 5 4947], [2014 SCSUPPL CHN 5 192], [2014 FLR 143 1015], [2014 JLJR 4 69], [2014 PLJR 4 227], [2014 SCALE 9 244], [2014 SCC 9 329], [2014 SCJ 7 307], [2014 SCT SC 4 129], [2014 SLJ SC 3 175], [2014 SCC ONLINE SC 610], [2014 AIC 142 193], [2014 ALLLR 106 710], [2014 KHC 0 4507], [2014 AIOL 481], [2014 JT 9 46], [2014 SLT 6 703], [2014 SUPREME 5 689], [2015 LW 1 810], [2014 CALHN 5 192]
Other Source links: https://indiankanoon.org/doc/70426214/ or https://www.casemine.com/judgement/in/5609af57e4b01497114161bb
This was followed in this 2-judge bench judgment of Allahabad High Court here.
