Legal Language and

Legal Writing

Ms. N. Phani Pooja and Arvind

Nath Tripathi
DSNLU
Jurisdiction Of Civil Court Under
Civil Procedure Code, 1908
 The word Jurisdiction is derived from Latin terms
“juris” and “dicto” which means “I speak by the
law”.
 Power or authority of the court of law to hear and
determine a cause or matter.
 It is the power to entertain,deal with and decide a
suit,an action,petition or other proceeding.
 Consent can neither confer nor take away
jurisdiction of acourt.
 Jurisdiction
 Jurisdiction means the authority by which a court
has to decide matters that are brought before it
for adjudication. The limit of this authority is
imposed by Act, statute or rule. If no such limit is
imposed or defined that the jurisdiction is said to
be unlimited.
 Kind of Jurisdiction
 Territorial or local jurisdiction
 Pecuniary jurisdiction
 Subject-matter jurisdiction
 Original and appellate jurisdiction
 Every presumption should be made in favour of
jurisdiction of a civil court.
 Burden of proof of exclusion of a court is on the
party who asserts it.
 Kind of Jurisdiction
 Jurisdiction may be further classified:
 Original jurisdiction
 Appellate jurisdiction

 Criminal and appellate jurisdiction- Supreme
Court, High Courts and District courts have both
original and appellate jurisdiction in various
matter.
Hindu Minority and Guardianship
Act, 1956
 Natural guardians of a Hindu minor.- The natural
guardians of a Hindu, minor, in respect of the minor's
person as well as in respect of the minor's property
(excluding his or her undivided interest in joint family
property), are- (a) in the case of a boy or an unmarried girl-
the father, and after him, the mother: provided that the
custody of a minor who has not completed the age of five
years shall ordinarily be with the mother; (b) in the case of
an illegitimate boy or an illegitimate unmarried girl-the
mother, and after her, the father; (c) in the case of a
married girl-the husband; Provided that no person shall be
entitled to act as the natural guardian of a minor under the
provisions of this section-
 Constitution of India
 The term “State” is defined under Article 12 of Part
III (Fundamental Rights) of the Constitution of
India. It states that: In this Part, unless the context
otherwise requires, “the State” includes the
Government and Parliament of India and the
Government and the Legislature of each States and
all local or other authorities within the territory
of India or under the control of the Government of
India.
 Ex officio
 Ex officio is a Latin terms meaning “by right of office”
or “by virtue of one’s office or position”. Ex officio
members of boards and committees are persons who
are members by virtue of some other office or position
that they hold.
 bona fide
 bona fide - Literally, it means “in good faith”. “Bona fide” or
genuinely. It conveys absence of intent to deceive. It refers to
honest intention. Bona fide is a mental state negativating
dishonesty and has no relation to negligence or want of care. It
only means negation of fraud or dishonesty and a real genuine
transaction.
 Although the meaning of good faith may vary in the context of
different statutes, subjects and situations, honest intention free
from taint or fraud or fraudulent design is a constant element of
its connotation [Brijendra Singh v. State of UP AIR 1981 SC
636]. The essence of “good faith” is honesty. It precludes
pretence or lack of fairness and uprightness [Sardar Gur Iqbal
Singh v. CIT [1992] 197 ITR 269 (All.)].
 bona fide
 Section 3(22) of the General Clauses Act defines
‘good faith’ as “a thing shall be deemed to be done in
‘good faith’ where it is in fact done honestly, whether
it is done negligently or not”.