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Jurisdiction Of A Court Under A Statute Can’t Be Allowed To Shift

The constitution bench of the Supreme Court in The State of Jharkhand & Ors. vs M/s Hindustan Construction Co. Ltd.,  has observed that the jurisdiction of a court conferred under a statute cannot be allowed to shift or become flexible because of a superior court’s interference in the matter in a different manner.

The bench, headed by Chief Justice of India Dipak Misra, overruled the decisions in State of Madhya Pradesh vs. Saith and Skelton (P) Ltd and Guru Nanak Foundation vs Rattan Singh and Sons, wherein it has been held that when an arbitrator is appointed by the Supreme Court and further directions are issued, it retains seisin over the arbitration proceedings and in such circumstances, the Supreme Court is the only court for the purposes of Section 2(c) of the Act.

 Article referred: http://www.livelaw.in/jurisdiction-court-statute-cant-allowed-shift-superior-courts-interference-different-manner-sc-constitution-bench-read-judgment/

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