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  • Urisdiction of Foreign Courts: Territorial or Local Jurisdiction

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    Amit Raj
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    A foreign court is a court outside of India that is not authorized by the Central Government of India. A foreign judgement is a judgement made by a foreign court. Foreign courts have jurisdiction to make rulings in several situations: 1) when the person is a subject of the foreign country where the judgement was made, 2) if the person was a resident of the foreign country when the case began, 3) if the person chose the foreign court as the forum, 4) if the person voluntarily appeared in the foreign court, or 5) if the person had an agreement to appear in the foreign court.

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    A foreign court is a court outside of India that is not authorized by the Central Government of India. A foreign judgement is a judgement made by a foreign court. Foreign courts have jurisdiction to make rulings in several situations: 1) when the person is a subject of the foreign country where the judgement was made, 2) if the person was a resident of the foreign country when the case began, 3) if the person chose the foreign court as the forum, 4) if the person voluntarily appeared in the foreign court, or 5) if the person had an agreement to appear in the foreign court.

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    24 views2 pages

    Urisdiction of Foreign Courts: Territorial or Local Jurisdiction

    Uploaded by

    Amit Raj
    A foreign court is a court outside of India that is not authorized by the Central Government of India. A foreign judgement is a judgement made by a foreign court. Foreign courts have jurisdiction to make rulings in several situations: 1) when the person is a subject of the foreign country where the judgement was made, 2) if the person was a resident of the foreign country when the case began, 3) if the person chose the foreign court as the forum, 4) if the person voluntarily appeared in the foreign court, or 5) if the person had an agreement to appear in the foreign court.

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    © All Rights Reserved
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    urisdiction of foreign courts

    A foreign court is described as a court outside India and not authorised or


    continued by the authority of the Central Government, and a foreign
    judgement means a judgement of a foreign court. In other words, a foreign
    judgement means an adjudication by a foreign court upon a matter before it.
    The following conditions would give power to the foreign courts to adjudicate
    a matter presented before it:

    1. When the person is a subject of a foreign country in which the


    judgement has been obtained.
    2. If he was a resident of a foreign country when the action was
    commenced and the summons was served on him.
    3. When the person is in the character of plaintiff chooses the foreign
    court as the forum for taking action in which forum he issued later.
    4. When the party on summons voluntarily appeared.
    5. When through an agreement, a person has agreed to present
    himself to the forum in which the judgement is obtained.

    Kinds of jurisdiction

    Territorial or local jurisdiction


    Under this territorial or local jurisdiction, the geographical limits of a court’s
    authority are clearly delineated and specified. It cannot exercise authority
    beyond that geographical/ territorial limit. For example, if a certain crime is
    committed in Madhya Pradesh, only the courts of law within the borders of
    Madhya Pradesh can hear and decide the case. Furthermore, Section 16 of
    the Code of Civil Procedure explains the territorial jurisdiction on the grounds
    of the location of the immovable property. In the case of Harshad Chiman Lal
    Modi Vs D.L.F Universal Ltd , the court interpreted Section 16 that the suit
    pertaining to immovable property should be brought to the court. The court
    does not have the power to decide the rights of property which are not
    situated. However, the court can still pass a relief if the opposite party
    agrees to try the suit in such a case.

    Pecuniary jurisdiction
    Pecuniary means ‘related to capital.’ It approaches the question of whether
    the court is competent to try the case of the financial value. The code allows
    analysing the case unless the suit’s value exceeds the financial limit of the
    court. Section 15 of the Code of Civil Procedure commands the organisation
    of the suit in the court of the low grade. It refers to pecuniary jurisdiction of
    Civil court. It is a course of the method and it does not affect the jurisdiction
    of the court. The main objective of establishing pecuniary jurisdiction is to
    prevent the court of a higher level from getting burdened and to provide
    assistance to the parties. However, the court shall interfere if it finds the
    judgment to be wrong. For example, ’A ’wants to accuse ‘B’ due to a violation
    of the contract to obtain Rs 5000 in Bombay. The Bombay High Court has
    original jurisdiction and small causes court with the jurisdiction up to Rs
    50000. So, a suit to obtain Rs 5000 should ideally be dealt with small causes
    court. In the case of Karan Singh Vs Chaman Paswan the plaintiff filed a suit
    in the subordinate court involving an amount of Rs 2950, but the court
    rejected the case. Later his next appeal was allowed by the High Court, but it
    ordered him to pay the deficit amount. The appellant contested that the
    decision of the district court will be a nullity, but the High Court dismissed
    the claim. Later the Supreme Court confirmed the decision of the High Court
    declaring that the decision of district court won’t be void.

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