Tuesday 25 August 2015

Could a preliminary issue as to the very competence of a court to embark upon an enquiry on a "subject matter" ever be decided by a court without notice to all who are arraigned as a respondent to the proceedings and without hearing them? In other words, whether a preliminary issue as to the substantive jurisdiction of a court be decided by a court (and that too, a civil court , in particular)in limine ?

Decisions of a court  in the realm of its  "substantive" jurisdiction  distinct from "adjectival" involve declaration of law constituting be a "stare decisis" and therefore, the Question is:whether it could be decided without notice to the Attorney General /Advocate General and those arraigned as respondents to the cause

The Civil court can decide itself own jurisdiction and confer jurisdiction upon it even by an erroneous one constituting "res judicata estoppel" while the position is different in the case of Tribunals of limited jurisdiction

civil court cannot decide a question as
to its substative jurisdiction without battle lines are drawn and swords are crossed, nay, without are contest

And Tribunals of Limited jurisdiction cannot at all decide a question as to its own jurisdiction in the substantive realm and the parties ought to be directed to invoke article 228 of the constitution or Chapter XXVII  (A )of the CPC .

Decisions of a court  in the realm of its  "substantive" jurisdiction  distinct from "adjectival" involve declaration of law constituting be a "stare decisis" and therefore, the Question is:whether it could be decided without notice to the Attorney General /Advocate General and those arraigned as respondents to the cause

The Civil court can decide itself own jurisdiction and confer jurisdiction upon it even by an erroneous one constituting "res judicata estoppel" while the position is different in the case of Tribunals of limited jurisdiction

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