Judicial Dictionary - J

Judicial Dictionary


Legislative Dictionary


Jurisdiction

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CategoryJ
TitleJurisdiction
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The word jurisdiction is an expression which is used in a variety of senses and takes its co lour from its context. Jurisdiction means the power, right or authority to take cognizance decide any matter according to law; the limits or territory within which authority may be exercised; control. It is well settled that the jurisdiction of the Civil Court cannot be completely ousted even in the face of express ouster of jurisdiction in given statute. It has been repeatedly laid down by several judicial pronouncements that any provision made in a particular statute barring the jurisdiction of the Civil Court to call in question any order passed or action taken under the statute gives protection to orders which are made with jurisdiction, made within the framework of the statute and made bonafide. [Dy. Secretary, Ministry of Commerce vs. Nizamuddin Haider (1985) 37 DLR 102]

Question of jurisdiction of a court can be raised at any stage so long as that question is not dependant on determination of any issue of fact. [Manager, Swiss Boring Over-Seas Corporation Ltd. vs. Shamsul Huq (1969) 21 DLR]

See The Jurisdiction of Courts (Removal of Doubts) Order, 1969 (PO No. 3 of 1969).
Created OnApril 23, 2011, 10:03 AM
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