jurisdiction of an judicial officer
anish arora
(Querist) 01 February 2009
This query is : Resolved
reqd. citations on jusrisdiction of a judicial officer. as i have filed one civil petition against punjab state electricity board, and the area is in the same district where i have instituted plaint. but the area of concern is a tehsil under the district where i have instituted the plaint and that tehsil has judicial courts also.
my opp. party has taken the plea that the suit has not been instituted at proper place, though punjab state electricity board has its office at amritsar also.
PALNITKAR V.V.
(Expert) 01 February 2009
Please clarify what reliefs are sought in the suit.
anish arora
(Querist) 01 February 2009
relief sought is that punjab state electricity board has issued a demand notice which is not in my name it is in the name of my son for using electric motor alongwith wires illegally as kundi connection. i objected that demand notice and report is in the name of my son they cannot claim any money from me, as such they cannot disconnect my legal connection. earlier there was some other counsel now i have succeded him. opp. party has taken a aobjection that the land and connection in question relates to tehsil and the plaintiff also resides at tehsil hence suit cannot be instituted at district level. tehsil is baba bakala and district is amritsar. tehsil comes under district amritsar. tehsil baba bakala has its own judicial courts. i want to say since baba bakala tehsil is under district amritsar and immediate superior staff of punjab state electricity board of baba bakala has office in amritsar as such amritsar courts have jurisdiction to entertain the present suit. i want some citation on this point that i can prove that amritsar courts have jurisdiction to entertain the present suit.
Sushil Kumar Bhatia
(Expert) 02 February 2009
Dear,
Most commonly for instituition of the suit in which court jurisdiction the cause of action arised in your case cause of action in teritorial jurisdiction of BabaBakala Tehsil judicial court's jurisdiction but in pecuniary jurisdiction first to find the valuation demand notice if demand valuation for example the tehil court has jurisdiction to hear case upto Rs.10,000/ and demand notice ammounting below 10,000/then jurisdiction to tehsil court otherwise to superior court who has jurisdiction to hear case above 10,000/ find secondly the pecunaiary jurisdiction
anish arora
(Querist) 02 February 2009
thanks bhatia ji for ur views. in my case demand notice is of Rs. 20,000/-. so now as per you superior courts have the jurisdiction over tehsils. i hope this point will definetly help in my case.
regards
anish arora
RAKHI BUDHIRAJA ADVOCATE
(Expert) 04 February 2009
