Jurisdictional fact - Indian Laws - General

Jurisdictional fact As per Halsbury s Laws of England , it has been stated: Where the jurisdiction of a Tribunal is dependent on the existence of a particular state of affairs, that state of affairs may be described as preliminary to, or collateral to the merits of, the issue. If, at the inception of an inquiry by an inferior Tribunal, a challenge is made to its jurisdiction, the tribunal has to make up its mind whether to act or not and can give a ruling on the preliminary or collateral issue; but that ruling is not conclusive . The existence of the jurisdictional fact is thus the sine qua non or condition precedent for the exercise of power by a court of limited jurisdiction. ARUN KUMAR AND OTHERS VERSUS UNION OF INDIA AND OTHERS - 2006 (9) TMI 115 - SUPREME COURT