Adjudication by non competent court
Guest
(Querist) 06 October 2011
This query is : Resolved
In an appeal, If high court originally decides a matter, which was under the jurisdiction of only CAT, then, Can it be treated as nullity, as it was passed without jurisdiction?
ajay sethi
(Expert) 06 October 2011
In 'Kiran Singh V. Chaman Paswan' - AIR 1954 SC 340 the Supreme Court held that it is a fundamental principle well established that a decree passed by a court without jurisdiction is a nullity and that its invalidity could be set up whenever and wherever it is sought to be enforced or relied upon, even at the stage of execution and even in collateral proceedings. A defect of jurisdiction, whether it is pecuniary or territorial, or whether it is in respect of the subject matter of the action, strikes at the very authority of the Court to pass any decree, and such a defect cannot be cured even by consent of the parties.
ajay sethi
(Expert) 06 October 2011
'Tata Motors Ltd., V. Pharmaceutical Products of India Ltd.,' - (2008) 7 SCC 619, it Supreme Court held that the Sick Industries Companies (Special Provisions) Act, 1985 is a special statue and, thus, overrides other Acts likes Companies Act, 1956 stating-
>>> SICA furthermore was enacted to secure the principles specified in Article 39 of the Constitution of India. It seeks to give effect to the larger public interest. It should be given primary because of its higher public purpose. Section 26 of SICA bars jurisdiction of the civil courts;
>>> What scheme should be prepared by the operating agency for revival and rehabilitation of the sick industrial company is within the domain of BIFR. Section 26 not only covers orders passed under SICA but also any matter which BIFR is empowered to determine;
>>> The jurisdiction of the civil court is, thus, barred in respect of any matter for which the appellate authority or the Board is empowered. The High Court may not be a civil court but its jurisdiction in a case of this nature is limited.
The Court further held that if the civil court's jurisdiction was ousted in terms of the provisions of Section 22 of SICA, any judgment rendered by it would be coram non judis. It is well settled principle of law that a judgement and decree passed by a court or tribunal lacking inherent jurisdiction would be a nullity.
prabhakar singh
(Expert) 06 October 2011
AN INHERENT LACK OF JURISDICTION GOES TO THE VERY ROOT OF A CASE,AND AS RIGHTLY POINTED OUT BY Mr.Sethi CAN BE OBJECTED WHEREVER AND WHENEVER THE JUDGMENT IS SOUGHT TO BE ENFORCED.
kuldeep kumar
(Expert) 07 October 2011
scheme of sec 21 and sec 99 is to treat objections to jurisdictions not very serious but objection to subject matter goes to root of jurisdtion.
Shastri J.K.
(Expert) 07 October 2011
If high court passed order u/art. 226 of constituion of india then no probl...
Guest
(Expert) 08 October 2011
I don't think HC has done anything against its jurisdiction by overriding the jurisdiction of the CAT. HC was well within its right to deal with any case within a State under Article 226 of the Constitution.
Guest
(Querist) 08 October 2011
Mr. Dhingra,
a lot of cases are being tranferred to CAT by High court than isn't it a violation of art. 14?
even the other connected petition was originally filed before high court but transferred to and decided ultimately by CAT. What is this?
powers of 226 are transferred to CAT regarding service matters and if two parallel powers are running side by side the CAT act becomes nullified.
Guest
(Querist) 08 October 2011
thanks a lot sethi sir and prabhakar sir.
kindly solve my query under heading appeal against review orders
Guest
(Expert) 08 October 2011
Dear Rashmi,
If the cases are trasnferred by the HC to the CAT that does not mean that the HC does not have the power to deal with such cases. But, if the HC prefers to deal with some specific case and does not refer that to the CAT, that will not be the case of out of jurisdiction. The question of jurisdiction would arise if the case falling under the jurisdiction of Bhopal Bench of the CAT is tried by the Patna Bench of the CAT.
In my views, a State's HC has unquestionable jurisdiction over the subordinate courts in that State.
Guest
(Querist) 08 October 2011
ok i agree but, can high court decide a criminal complaint in a civil petition.
it is such kind of jurisdiction i m asking.
whether the provisions of CAT act can be nullified on account of powers vested in 226.
Guest
(Expert) 08 October 2011
Dear Rashmi,
First of all CAT does not handle criminal cases, so the question of confusion over jurisdiction of HC and CAT cannot arise in a case which you feel was worth to be tried in CAT.
Secondly, in your original question you have neither indicated what was the matter under trial and what was the ground on which the HC, itself, had to deal with the case without referring to the CAT.
Needless to emphasise, CAT entertains cases of service matters pertaining to violation of Service Rules on the part of the employers without inclusion of the elements of any crime, if included therein. If an employee includes instances of criminal nature more on the part of his employer rather than the violation of service rules, he cannot expect the case to be handled by CAT.
Needless to mention also that your original question and your supplementary question in themselves are contradictory to each other and become a cause of confusion.
So, better, you come forward with the real problem arising out of a specific case. On raising questions merely on hypothetic manner, you can attract only varied and contradictory answers from the experts that may confuse or mislead you more rather than benefitting you in any way.
Guest
(Querist) 08 October 2011
thx dhingra sir,
i got my answer.
i concur with you
kindly solve my query under heading"appeal against review orders"
shall be gr8full to you.
Guest
(Expert) 08 October 2011
Dear Rashni,
Thanks for agreeing with me in principle. About your supplementary query, you need to post details of your case.
