Kshiteej Anokar (Advocate) 23 July 2009

Jurisdiction of Civil Court

Dear Friends,

A, an editor of a news paper is resident of Bombay and prosecuted at Nagpur for the offence of criminal nature i.e. 12 Bombay Prevention of Gambling act , as his news paper is circulated in Nagpur also. It is alleged that, he use to publish some figurs to instigate the people to gamble. He acquited in that criminal prosecution. The same was initiated on the complaint of x now A filled suit for recovery of damages on account of malicious prosecution at Bombay, Whether the Court has jurisdiction to try the matter

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4 Replies

Rajesh Kumar (Advocate) 23 July 2009

Yes, the mumbai court has jurisdiction, for the affect of malacious prosecution has been felt in mumbai.

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Advocate SK Rohilla New Delhi (Legal Practioner ) 18 March 2010

Dear Friend

The case for criminal prosecution cannot be instituted in Mumbai as cause of action has arosen in Nagpur and the cognizance of the offence is to be taken by that court, before which proceeding is held.

Devajyoti Barman (Advocate) 19 March 2010

In accordance with the provisions of Section 19and 20 of the CPC , the suit for compensation for wrongs done to the plaintiff can be filed within local limits of the court where the cause of action arose or where the defendant resides, works for gain or carries on business ,at the option of the plaintiff. So at both Nagpur and Mumbai the the suit is maintainable.