Monday, 13 March 2017

Whether truth or otherwise of averments made in petition is material for ascertaining territorial jurisdiction of high court?

In   determining   the   objection   of   lack   of   territorial
jurisdiction this Court has to take into consideration the facts pleaded
in support of the cause of action  albit  without embarking upon an
enquiry as to the correctness or otherwise of the said facts. It is a
settled law that question of territorial jurisdiction needs to be decided
on the facts pleaded in the petition and the truth or otherwise of the
averments made in the petition would be immaterial.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 4343 OF 2016.
Shri Asif S/o. Shaukat Qureshi,
V
 The State of Maharashtra,


CORAM  :   B.P.DHARMADHIKARI AND
KUM. INDIRA JAIN, JJ.

DATED :  22/12/2016.
Citation: 2017(2) MHLJ 178
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