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TMI Blog2012 (10) TMI 1149X X X X Extracts X X X X X X X X Extracts X X X X ..... e very outset, learned AGA raised a preliminary objection regarding the maintainability of this petition in this High Court, contending that this Court has no jurisdiction to hear the case, as the cause of action arose in the Maharashtra and the petitioner's son has already approached the Bombay High Court, but has failed. According to the petitioner, this Court has full jurisdiction to entertain this writ petition as he is the permanent resident of Ghaziabad, U.P., and his office is at Ghaziabad and his all business activities are transacted here. His business premises at Ghaziabad were also searched and the seizure panchnama was also prepared at Ghaziabad. On these grounds, learned counsel for the petitioner asserted that this Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the necessary amendments have not been carried, the said writ petition has been dismissed for non-prosecution. Learned counsel for the petitioner submitted that this Court has jurisdiction to entertain this writ petition, and in this regard has relied upon the Full Bench decision of the Rajasthan High Court, as reported in 1998 Crl.L.J. 0-3465: Umed Mal Vs. Union of India. He also submitted that the cause of action is a bundle of facts. Part of cause of action or any portion of the cause of action can give rise to the petitioner's right to file a petition in this High Court. The cause of action is to be seen from the pleadings of the parties. When from the pleadings of the petitioner, any part of the cause of action is within the jur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r more bases for suing; a factual situation that entitles one person to obtain a remedy in court from another person... According to Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure 170 (2d ed. 1899): What is a cause of action? Jurists have found it difficult to give a proper definition. It may be defined generally to be a situation or state of facts that entitles a party to maintain an action in a judicial tribunal. This state of facts may be - (a) a primary right of the plaintiff actually violated by the defendcant; or (b) the threatened violation of such right, which violation the plaintiff is entitled to restrain or prevent, as in case of actions or suits or injunction; or (c) it may be that there are doubt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the court. In Umed Mal (supra), the Full Bench of the Rajasthan High Court laid down that if the service of the detention order is within the territories of the State of Rajasthan, the Rajasthan High Court will have the territorial jurisdiction to entertain the writ petition. Hon'ble the Supreme Court in Alchemist Ltd. (supra), relying on the State of Rajasthan Vs. M/s. Swaika Properties, reported in AIR 1995 SC 1285 [in which it was held that mere service of notice on the petitioner at Calcutta under the Rajasthan Urban Employment Act, 1959, could not give rise to a cause of action unless such notice was integral to the cause of action]. In this case, the facts are that the appellant-company had its registered office at Chandi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... regarding which it is alleged that they were undervalued and not paid the proper custom duty and was guilty under the COFEPOSA Act, 1974. Any person can have houses and offices at different States. Because a person carries out the business at Ghaziabad, would not create a jurisdiction of this Court. This should not be treated as an integral part of the cause of action. Therefore, the jurisdiction lies only with the Bombay High Court, within whose jurisdiction the cause of action arose and lies. In view of the aforesaid, we find no force in the submissions of the petitioner's learned counsel. Here it is also important to reiterate that the petitioner's son has already approached the Bombay High Court regarding the detention ord ..... X X X X Extracts X X X X X X X X Extracts X X X X
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