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HC declined territorial jurisdiction over the petition, finding ...


Territorial Jurisdiction Denied: Petitioner Directed to Refile in Appropriate Forum with Substantive Rights Preserved

April 17, 2025

Case Laws     Income Tax     HC

HC declined territorial jurisdiction over the petition, finding that a minuscule part of the cause of action in Mumbai is insufficient to invoke Article 226 discretionary powers. The court determined that the interests of justice would be better served by directing the petitioner to pursue remedies in Kolkata. While acknowledging principles of forum conveniens, the HC explicitly left all substantive contentions open, effectively permitting the petitioner to refile the petition in the appropriate territorial jurisdiction without prejudicing the underlying legal arguments.

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