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Brahm Pal Panchal Versus Union Of India Thru' Secy. & Others

2012 (10) TMI 1149 - ALLAHABAD HIGH COURT

CRIMINAL MISC. WRIT PETITION No. - 14978 of 2012 - Dated:- 11-10-2012 - Hon'ble Amar Saran and Hon'ble Anurag Kumar, JJ. For the Petitioner : Awdhesh Kumar Mishra,Brijesh Upadhyay,Dharampal Singh For the Respondent : Govt. Advocate, JUDGEMENT (By Hon'ble Mr. Justice Anurag Kumar) This writ petition by petitioner, Brahma Pal Panchal, is filed for quashing the impugned detention order dated 25.1.2012 passed by respondent no. 2, namely, Principal Secretary (Appeals and Security), Home D .....

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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 Court has jurisdiction to hear and decide this petition. Before entering into the main controversy, we feel it necessary that the preliminary objection raised b .....

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ed 21.10.10, several simultaneous search operations were conducted by the Director, Revenue Intelligence, Mumbai Zone, Union of India, at different places, including the business premises and workshops of the petitioner at Ghaziabad. Thereafter, summonses were issued to the petitioner and proceedings under the Customs Act initiated. Ultimately, the impugned detention order was passed on 25.1.2012. After issuance of the impugned detention order, the petitioner's son, Pradeep Panchal, filed a .....

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urt 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 .....

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aining any relief therefrom, he has approached this Court. In view of this, it is not open to the petitioner to approach this Court once he has failed to get relief from the Bombay High court, having jurisdiction in the matter. The petitioner cannot create the jurisdiction of this Court by merely asserting on the residence or the search operations in Ghaziabad. It is true that the cause of action is a bundle of facts, which means every fact, which is important for any cause of action and in the .....

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defined as "...(1) A group of operative facts giving rise to one or 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 .....

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, or enjoy his property.". Article 226 of the Constitution of India, as originally it stood, had two-fold limitations on the jurisdiction of a High Court with regard to its territorial jurisdiction. Firstly, the power could be exercised by it throughout the territories in relation to which it exercises jurisdiction, i.e. the writs issued by the court could not reach beyond the territory subject to its jurisdiction. Secondly, the person or the authority, to whom the High Court is empowered t .....

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r an authority to which the writ be issued or the residences of the persons claiming relief is constituted within the territories of that High Court or no. A bare reading of Article 226 shows that the jurisdiction of the High Court depends upon the accrual of the cause of action, wholly or in part, within the territorial jurisdiction 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 .....

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se, the facts are that the appellant-company had its registered office at Chandigarh. Negotiations took place at Chandigarh. Letter of proposal and acceptance, and also its rejection thereafter, was communicated at Chandigarh. But the proposal of the appellant-company was not accepted by the State Government at Sikkim it was held that the grounds on which the petitioner claiming the jurisdiction at Punjab and Haryana High Court, is not an integral part or material facts so as to constitute the p .....

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