TaxTMI 
TaxTMI 
TaxTMI 
2006 (7) TMI 652
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.... the Delhi High Court may have jurisdiction. Background facts sans unnecessary details are as follows: Appellant had filed a Writ Petition before the Delhi High Court taking the stand that he was being tried in several cases contrary to the extradition decree. Appellant came to India by way of extradition from Singapore. Presently, the appellant was facing trial in eight cases which is in complete violation of the provisions of Section 21 of the Extradition Act, 1962 (in short the 'Extradition Act'). He had also pleaded that he was being kept in solitary confinement without proper medical aid in the Central Jail in the State of U.P. It is to be noted that the appellant had filed the Writ Petition (Crl.) No.54 of 2005 before this C....
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.... the matter. The Delhi High Court accepted that it may have jurisdiction but it was of the view that the grievance can be more effectively dealt with by the Allahabad High Court. Clause (2) of Article 226 of the Constitution is of great importance. It reads as follows: "(2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories." The question whether or not cause of action whol....
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....ceed in the suit. (See Bloom Dekor Ltd. v. Subhash Himatlal Desai and Ors. (1994 (6) SCC 322). In a generic and wide sense (as in Section 20 of the Civil Procedure Code, 1908) "cause of action" means every fact, which it is necessary to establish to support a right to obtain a judgment. (See Sadanandan Bhadran v. Madhavan Sunil Kumar (1998 (6) SCC 514). It is settled law that "cause of action" consists of bundle of facts, which give cause to enforce the legal inquiry for redress in a court of law. In other words, it is a bundle of facts, which taken with the law applicable to them, gives the plaintiff a right to claim relief against the defendant. It must include some act done by the defendant since in the absence of such an act no cause ....
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....a Singh (1977 (1) SCC 791). The expression "cause of action" is generally understood to mean a situation or state of facts that entitles a party to maintain an action in a court or a tribunal; a group of operative facts giving rise to one or more bases of suing; a factual situation that entitles one person to obtain a remedy in court from another person. (See Black's Law Dictionary). In Stroud's Judicial Dictionary a "cause of action" is stated to be the entire set of facts that gives rise to an enforceable claim; the phrase comprises every fact, which if traversed, the plaintiff must prove in order to obtain judgment. In "Words and Phrases" (4th Edn.) the meaning attributed to the phrase "cause of action" in common legal parlance ....
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....d judgment, which reads as follows:- "61. xxx xxx xxx (1) The correct test in cases falling under Order 11 Rule 2, is whether the claim in the new suit is in fact founded upon a cause of action distinct from that which was the foundation of the former suit (Moonshee Buzloor Fuheer v. Shumroonnissa Begum, (1967)11 Moo I 551 (P.C.). (2) The 'cause of action' means every fact which will be necessary for the plaintiff to prove it tranversed to order to support his right to the judgment (Real v. Brown (1889) 22 Q.B.O. 138). (3) If the evidence to support the two claims is different. (Brunsoon v. Nurnphroy (1984 14 Q.B.O. 141), (4) The causes of action in the two suits may be considered to be away if in substance they are identical (B....