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TMI Blog2016 (1) TMI 1422X X X X Extracts X X X X X X X X Extracts X X X X ..... nd constitutional guarantee of equality. 3. The petitioner deals in the business of poppy seeds. The petitioner imports the poppy seeds for its business from various countries including Turkey. Since the business of import of poppy seeds is controlled by respondent No. 4The Narcotics Commissioner, respondent No. 4, in exercise of his powers, has issued a public notice dated 14-9-2015. The said public notice, which concerns the import from Turkey, provides that the applicants, who are in category 'A' and have imported poppy seeds from Turkey to India at least for three financial years during the last five financial years, will be allotted a quantity from the provisional country cap of Turkey on the basis of average ratio of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ration granted by respondent No. 4 would reveal that the registration is granted to the petitioner on the address of the petitioner at Nagpur. He further submitted that on account of the illegal circular/notice issued by respondent No. 4, the business of the petitioner is adversely affected at Nagpur and as such these facts, which form a part of facts for the cause of action, will enable the petitioner to file the petition at Nagpur and this Court will have a territorial jurisdiction to entertain the same. 6. On the contrary, Shri Deo, learned A.S.G.I. appearing on behalf of the respondentsUnion of India, relying on the various cases right from the case of State of Rajasthan & others v. M/s. Swaika Properties & another - (1985) 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ases which have come up to this Court could create the impression sometimes that there is some conflict between different decisions of this Court. Even where there appears to be some conflict, it would, we think, vanish when the ratio decidendi of each case is correctly understood. It is the rule deducible from the application of law to the facts and circumstances of a case which constitutes its ratio decidendi and not some conclusion based upon facts which may appear to be similar. One additional or different fact can make a world of difference between conclusions in two cases even when the same principles are applied in each case to similar facts." Thus, it can be seen that what is "ratio decidendi" in the case has to be considered by ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner and the respondentcomplainant. A civil suit with regard to the business dispute between the parties was filed in the original side of the High Court at Bombay. Thereafter, the first informant lodged the first information report at Shillong. Contending that though all the transactions between the parties had at Mumbai, only in order to harass the petitioner, the first information report was lodged at Shillong in the State of Meghalaya, the petition came to be filed under Article 226 of the Constitution at Mumbai. In this background, the Hon'ble Apex Court, considered as to what is meant by the term, "cause of action". It has been held by Their Lordships that while considering as to whether the part of cause of action arises withi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... c partnership. The appellant before the Hon'ble Supreme Court submitted its formal proposal. The State Bank of Sikkim shortlisted two entities, i.e. the appellant before the Apex Court and another company at Calcutta from the various proposals. In pursuance to the proposal submitted by the appellant, even the officers of the Bank had visited Chandigarh for further negotiation. In pursuance to the negotiation, the amount was deposited with the State Bank of India at Chandigarh. The proposal of the appellant was also accepted in principle, subject to consideration and approval of the Government of Sikkim. However, thereafter, the Government of Sikkim did not accept the proposal and as such the State Bank of Sikkim sent communication to the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of this Court. In spite of that, we have permitted Shri Gordey, learned senior Counsel to take us to averments made in the petition so as to examine as to whether any part of cause of action arises within the territorial jurisdiction of this Court. 14. The only contention is that the petitioner conducts its business at Nagpur and the registration, which has been given to it by respondent No. 4 is on the address at Nagpur, and because of the impugned public notice the business of the petitioner would be adversely affected and it would have an adverse effect on its right to live. 15. We make it clear that since we are only considering the question regarding territorial jurisdiction of this Court, we refrain ourselves from goin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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