#territorial jurisdiction

Freezing an entire account is disproportionate when only Rs. 89,415 of Rs. 1.75 lakh alleged fraud entered it, the holder wasn't among named fraudsters, and no investigation linked the account to the crime. The ruling protects legitimate account holders from blanket freezes on tenuous police directions and affirms writ jurisdiction where the account and branch are located.

The Delhi SCDRC held that buying commercial shops for self-employment livelihood is not 'commercial purpose' under CPA 1986, so buyers remain consumers. It ordered a refund of Rs 4.2 lakh with 6-9% interest, Rs 1 lakh mental agony compensation, and Rs 50,000 costs after the builder cancelled bookings under an unproven payment plan.

Uttarakhand HC held that a substantive residence, even if temporary, satisfies territorial jurisdiction under Section 126(1) CrPC for Section 125 maintenance claims, overturning the Family Court, Nainital’s dismissal for lack of jurisdiction.

Under Section 12(5) of the Arbitration and Conciliation Act, 1996, a unilateral arbitrator appointment after a dispute is invalid without a post-dispute written waiver, the Delhi High Court held, adding that pre-dispute clauses cannot substitute the waiver.

The Uttarakhand State Commission ruled that for consumer complaints over goods, territorial jurisdiction lies where the sale and delivery took place, not where the complainant resides. This clarifies forum selection under Section 11 of the CPA, affecting consumers, manufacturers and dealers in interstate transactions.

The Delhi HC ruled that "last resided together" under Section 19(iii) HMA means the final joint residence - a four-year Gurugram stay displacing an earlier 18-month Delhi residence. The divorce petition was rightly returned for want of jurisdiction, and the appeal dismissed on maintainability (wrong respondent) and merits.

Delhi SCDRC rules a PSU is a 'consumer' under CPA 2019, rejecting repudiation of a theft claim over a 5-day intimation delay. Awards Rs 25.61 lakh per surveyor's report with 6% interest from theft date (9% after Nov 2026), plus Rs 1 lakh mental agony and Rs 50,000 costs.

The Calcutta High Court held the 7th Industrial Tribunal had proper territorial jurisdiction and that a contractual clause cannot deprive it of statutory authority, so domestic-enquiry findings and back-wage awards remain governed by the Industrial Disputes Act. The ruling protects employees from employer-imposed contractual limits.

The Calcutta High Court held that a suit cannot proceed under Clause 12 of the 1865 Letters Patent unless the plaint establishes a territorial nexus with the court’s jurisdiction, and therefore ordered the leave to be withdrawn and the case remitted to a competent court. This clarifies that litigants must file such actions in courts that have a direct connection to the cause of action, affecting parties seeking relief against central authorities under the Letters Patent.

By rejecting the writ, the Delhi High Court clarified that the proper forum for MCA investigations is the place where the substantive corporate dispute arises, reinforcing the nexus test for Article 226 jurisdiction. This guidance applies to companies facing regulatory probes across India.

Rajasthan HC dismisses writ petition challenging railway contract rescission: no territorial jurisdiction at Jodhpur, disputed facts require arbitral forum, 45 days to invoke alternative remedy.

The West Bengal State Consumer Disputes Redressal Commission ruled that an electrophysiological study (EPS) is an invasive procedure and therefore falls outside the policy’s diagnostic exclusion clause. It ordered the insurer to pay the cashless claim of Rs 49,119, plus Rs 50,000 compensation and Rs 5,000 costs, signalling that insurers must honour coverage for such invasive diagnostics.

The Allahabad High Court ruled that custody of a minor below five years should ordinarily remain with the mother under the Hindu Minority and Guardianship Act, 1956. The judgment emphasized the child's emotional bond and welfare, overriding parental financial capacity arguments.

The Bombay High Court holds that even with prior leave under Clause XII of the Letters Patent, a suit for immovable property located outside Greater Bombay cannot proceed in Mumbai courts after transfer to the City Civil Court. This reaffirms Section 20 of the CPC as the decisive test for territorial jurisdiction, overriding procedural convenience granted under Letters Patent - a vital clarification for property litigants and practitioners navigating inter-court transfers.

The West Bengal State Consumer Commission ruled that compensation for deficiency in service must be proportionate to the actual claim amount. In this case, an award of Rs.2 lakh for a Rs.9,683 deficiency was deemed excessive and reduced, reinforcing that punitive damages cannot exceed the harm suffered. This sets a precedent for rationalizing compensation in consumer disputes under the Consumer Protection Act.