M/S. Kusum Ingots and Alloys Ltd Vs Union Of India and Anr Archives

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

11. 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.

Nawal Kishore Sharma Vs Union of India and Ors on 7 August 2014

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.

In this landmark judgment (per Obiter Dicta), Apex Court has held that,

A parliamentary legislation when it receives the assent of the President of India and is published in the Official Gazette, unless specifically excluded, will apply to the entire territory of India. If passing of a legislation gives rise to a cause of action, a writ petition questioning the constitutionality thereof can be filed in any High Court of the country. It is not so done because a cause of action will arise only when the provisions of the Act or some of them which were implemented shall give rise to civil or evil consequences to the petitioner. A writ court, it is well settled, would not determine a constitutional question in a vacuum.

The court must have the requisite territorial jurisdiction. An order passed on writ petition questioning the constitutionality of a Parliamentary Act whether interim or final keeping in view the provisions contained in Clause (2) of Article 226 of the Constitution of India, will have effect throughout the territory of India subject of course to the applicability of the Act.

Citations: [2004 SCALE 5 304], [2004 AIR SC 2321], [2004 SCC 6 254], [2004 BOMCR SC SUPP 2 654], [2004 AIR SC 2766], [2004 SUPREME 3 757], [2004 JT SUPP 1 475], [2004 ALLMR SC 5 700], [2004 DLT 111 480], [2004 COMPCAS 120 672], [2004 ELT 168 3], [2004 AIC SC 19 730], [2004 BC 3 56], [2004 COMPLJ SC 3 1], [2004 CTC 3 365], [2004 DRJ 77 317], [2004 ECR SC 114 1013], [2005 ECR SC 118 151], [2004 ELT SC 186 3], [2004 JCR SC 3 92], [2004 JT SUPPL SC 1 475], [2004 PLR 138 626]

Other Source links: https://indiankanoon.org/doc/1876565/ and https://www.casemine.com/judgement/in/5609ae06e4b0149711412bc2

See this, this, this and this Supreme Court Judgments. Many High Courts have relied on the above aspect of this Judgment here.

Shades of Knife

True Colors of a Vile Wife

Tag: M/S. Kusum Ingots and Alloys Ltd Vs Union Of India and Anr

Nawal Kishore Sharma Vs Union of India and Ors on 7 August 2014

M/S. Kusum Ingots and Alloys Ltd Vs Union Of India and Anr on 28 April, 2004