Nothing Is Within The Jurisdiction Of An Inferior Court Unless It Is Expressly Shown On The Face Of The Proceedings That The Particular Matter Is Within The Cognizance Of The Particular Court

  A nine-Judge Constitution Bench of Supreme Court, in Naresh Sridhar Mirajkar v. State of Maharashtra, AIR 1967 SC 1, has observed as under:-

 

“60. ….. in the case of a superior Court of Record, it is for the Court to consider whether any matter falls within its jurisdiction or not. Unlike a court of limited jurisdiction, the superior court is entitled to determine for itself questions about its own jurisdiction. That is why this Court did not accede to the proposition that in passing the order for interim bail, the High Court can be said to have exceeded its jurisdiction with the result that the order in question was null and void. In support of this view, this Court cited a passage from Halsbury's Laws of England where it is observed that:-

“prima facie, no matter is deemed to be beyond the jurisdiction of a superior court unless it is expressly shown to be so, while nothing is within the jurisdiction of an inferior court unless it is expressly shown on the face of the proceedings that the particular matter is within the cognizance of the particular Court." (Halsbury's Laws of England, Vol. 9, p. 349).”

As detailed elsewhere in another Article, hon’ble Supreme Court in Karnataka State Financial Corporation Vs N. Narasimahaiah & Ors {2008 AIR 1797, 2008 (5) SCC 176; Decided on 13/03/2008} has observed that ordinarily, when a guarantee is sought to be enforced, the same must be done through a court having appropriate jurisdiction. Vide Halsbury's Laws of England (Vol. 9, p. 349), by necessary implication, it may be safely concluded that prima facie, the subject matter of enforcement of guarantee is not within the jurisdiction of DRT, being an inferior court, unless it is expressly shown on the face of the proceedings that the same is within the cognizance of the DRT.

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DRT Has No Jurisdiction

























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