Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2013 (6) TMI 888

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ice has made some remarks against late Thiru.Velupillai Prabhakaran and Thiru. Seeman and the said remarks were made at Pudhucherry. The learned counsel for the petitioner during the course of his submissions stated that the Minister has made the remarks at Madurantakam also. 3. We have anxiously considered the rival submissions, perused the averments made in the affidavit and the accompanying documents. 4. It is relevant here to mention that in his affidavit nowhere the petitioner has stated that the Minister had made such a statement at Madurantakam. Madurantakam has been mentioned only by the learned counsel for the petitioner at the time of his arguments. But, there is no averments either in his affidavit or in any document to tha .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... remembered that the part of cause of action must be substantial in nature. The territorial jurisdiction of the Court is linked with the place of accrual of cause of action. [See U.P. RASHTRIYA CHINI MILL ADHIKARI PARISHAD, LUCKNOW Vs. STATE OF U.P. AND OTHERS (1995 (4) SCC 738)] 9. Referring to KUSUM INGOTS ALLOYS LTD. Vs. UNION OF INDIA (2004 (3) CTC 365), a Full Bench of this Court in SANJOS JEWELLERS Vs. SYNDICATE BANK, BANGALORE AND OTHERS (2007 (5) CTC 305), held as under:- 30. We must, however, remind ourselves that even if a small part of cause of action arises within the territorial jurisdiction of the High Court, the same by itself may not be considered to be a determinative factor compelling the High Court to decide the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... back to the petitioner's case. As already stated at the out set, there is no clear cut, straight averments in the affidavit of the petitioner as to how this Court/Madurai Bench of the Madras High Court, has jurisdiction to entertain this matter. However, we could able to gauge what had transpired in the mind of the petitioner in filing this writ petition by looking at the paper cutting enclosed with the petition. As already stated, in the newspaper, in clear cut terms, it is reported that on 20.05.2013 the Minister has made such a statement in the Union Territory of Puducherry. This has also been stated in the petitioner's representation, dated 21.05.2013, said to have been sent to the Inspector General of Police, South Zone, Madura .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates