Constitution of India

— Art. 226 — Jurisdiction of High Court — Invocation of — Arising of <169>cause of action<170> within the territorial limits of the High Court — Requirement of — Held, the High Court will have jurisdiction if cause of action wholly or in part arises within the territorial limits of its jurisdiction even though the seat of Govt. or authority or residence of person against whom the direction, order or writ is sought to be issued is not within the said territory — Writ petitioner has to establish that a legal right claimed by him has prima facie been infringed or is threatened to be infringed by respondent within the territorial limits of the High Court's jurisdiction — Such infringement may take place by causing him actual injury or threat thereof — In the present case, High Court refusing to consider writ petition by merely observing that though it may have jurisdiction but another High Court could deal with the matter more effectively — High Court not holding that no part of the cause of action arose within its territorial jurisdiction — Hence held, it was not a correct way to deal with the writ petition — Matter remitted to High Court for fresh hearing on merits, (2006) 6 SCC 207-A

Words and Phrases

— <169>Cause of action<170> — Meaning of — Question whether the cause of action in the subsequent suit is identical with that in the first suit — Mode of determination of, (2006) 6 SCC 207-B