Jurisdiction --- Meaning & Scope

Term ‘jurisdiction’ in legal parlance is

used in a variety of senses and takes
its colour from its context.
Conventionally the term ‘jurisdiction’
is preferable to territorial, pecuniary,
relating to person or to the character
of question to be decided and means
control power of authority.
[PLD-2013-Sindh-536].
11-oct-2011 1
 Jurisdiction --- Meaning & Scope
It may be qualified or restricted into
territorial jurisdiction, pecuniary
jurisdiction and jurisdiction of the
subject matter.
It means a power to hear and decide
a legal controversy between parties,
and if the order is contrary to the law
that would not render it, as one
without jurisdiction. [2018-SCMR-
1444, 2019-P.Cr.L.J-1201]
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 Jurisdiction --- Meaning & Scope
Challenge to the jurisdiction of a Court
over the subject matter of the lis. Such
challenge, if based purely upon a point of
law, could be raised at any stage even
before the Supreme Court.
[2019-CLC-947].
Jurisdiction is the power of administering
justice according to the prevailing means.
[PLD-2014-Bal.71] Jurisdiction is always
conferred by law, and not by consent of
the parties express or employed.
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 Jurisdiction --- Meaning & Scope
Consent of the parties can neither confer
nor take away jurisdiction. [201-CLC-11]
Jurisdiction cannot be conferred by
consent. [2012-SCMR-730] it is to be
conferred by law, expressly or implied.
Consent cannot confer or take
jurisdiction. [PLD-2006-SC-328] What is
material for determining jurisdiction is
what is pleaded in the plaint presented
before the Court. [1991-SCMR-1944] and
not what ultimately is decided.
[AIR-1967-SC-369].
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 Jurisdiction --- Meaning & Scope
Provision of S.9 of the Code of Civil
Procedure, 1908 vests jurisdiction in civil
Court to try all the cases of civil nature
except barred expressly or impliedly. Civil
Court is a Court of ultimate jurisdiction
and in cases where no other remedy is
provided for, civil Court is the forum
where relief can be sought for. [1993-
CLC-2026] Matter of civil nature to be
decided by civil Court unless such
jurisdiction taken away.
[PLD-1965-SC-671.
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 Jurisdiction --- Meaning & Scope
It is an elementary principle that if a
mandatory condition for the exercise of
jurisdiction by a Court, tribunal or
authority is not fulfilled, then the entire
proceedings which follow become
illegal and suffer from want of
jurisdiction. Any order passed in
continuation of these proceedings in
appeal or revision equally suffers from
illegality and is without jurisdiction.
[PLD-1971-SC-184].
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 Jurisdiction --- Meaning & Scope
Obviously it has jurisdiction to decide a
particular matter rightly or wrongly and the
facts that the decision is incorrect or is not
one at which the Court would have arrived
does not render the decision without
jurisdiction. [PLD-1981-SC-522] or without
lawful authority. [PLD-1985-SC-131] Question
of Court’s jurisdiction can competently be
raised and argued even if the same is not
raised before the Court’s below or in the
revision petition. [2001-YLR-1517] Question
relating purely to the jurisdiction the Court
can be raised at any stage of proceedings.
[2001-CLC-975].
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 Jurisdiction --- Meaning & Scope
It expresses the concept of the
particular res or subject-matter over
which the judicial power is to be
exercised and the manner of its
exercise. [PLD-1973-SC-49]. The
term ‘Court’s jurisdiction’ refers to
power and authority of Court to
decide issues among citizens or
between citizens and State, in
exercise of its judicial functions,
including its verdict. The limitations
on Court’s jurisdiction confine to:
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 Jurisdiction --- Meaning & Scope
i- The subject-matter;
ii- Territorial extent;
iii- Pecuniary value of the claim involved;
iv- Nature of the dispute; and
v- Amenability of the parties to the process of
the Court.
[PLD-1993-AJ&K-1; PLD-1965-SC-207].
Jurisdiction exercised by a Court or a Tribunal is
always subject to correction by a higher forum.
Corrective jurisdiction always vested in the
Appellate Court which can undo any wrong
order ‘made’ by a Court subordinate to it.
[1999-YLR-1653].
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 Jurisdiction --- Meaning & Scope
On account of existence of any
jurisdictional defect, judgment can be
said to have been passed ‘without lawful
authority’ and illegally and can be set
aside on ground of want of jurisdiction.
[1999-SCMR-900] Decree passed for
consideration in excess of the pecuniary
jurisdiction of the court is without
jurisdiction. [1969-SCMR-69] Court
having jurisdiction to adjudicate dispute
and pass an order would also have
implicit power to have its order
implemented. [2008-SCMR-240].
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 Jurisdiction --- Meaning & Scope
The question of jurisdiction is crucial
and may prove fatal if the court
exercising jurisdiction is found not
equipped with the power to decide a
lis. Judgment or order without
jurisdiction is void and a nullity in
law. Being void ab initio cannot be
clothed with legality or the sanctity
required by law. Notwithstanding
that it was upheld in appeal or
revision by inadvertence.
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 Jurisdiction --- Meaning & Scope
Jurisdiction has its genesis in the physical
power of court to issue process to persons
within the reach of the court. Court was to
decide matters when persons relating
thereto were within its reach. Such basic
jurisdiction was then regulated by defining
the limits of that ‘reach’ by setting
pecuniary limits, or by assigning different
‘subjects’ within one territory to different
courts, for example, by assigning banking
and environmental matters to different
courts within on territory.
[PLD-2017-SC-53, AIR-1963-SC-1 ref].
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 Jurisdiction --- Meaning & Scope
Two courts having co-extensive or
concurrent jurisdiction, propriety demands
that jurisdiction of court of the lower grade is
to be invoked in the first instance.
[PLD-2016-SC-55].

The very condition for the conferment of a

jurisdiction on a Court of law is that it should
decide every lis before it fairly, justly and in
accordance with law. Where a Court or qa
Tribunal makes an error of law on which the
decision of the case depends, it goes outside
its jurisdiction. [2012-SCMR-664].
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 Jurisdiction --- Meaning & Scope
Want of territorial jurisdiction is mere an
irregularity is no ground to set aside such an
order. [PLD-1969-Lah-16] If a person submits
to the jurisdiction of a Court once, he cannot be
allowed to turn round and question such
jurisdiction after adverse order has been passed
against it. [1969-SCMR-96(2); PLD-1964-SC-
829; PLD-1985-Lah-562 +1983-SCMR-77 +PLJ-
1982-SC-AJ&K-200] Where suit or appeal is
filed in a Court having no jurisdiction to
entertain the same or has lost jurisdiction at
any stage then that Court would return plain /
appeal in original so as to be presented before a
proper forum. [1995-MLD-1563] time spend in
a wrong forum can be condoned under S.5
Limitation Act. [1995-SCMR-584].
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 Jurisdiction --- Meaning & Scope
Change in the territorial jurisdiction. Court lawfully
acquiring seizing of a litigation would not be deprived
of the jurisdiction merely upon the relevant property
getting out of the territorial limits of its authority
during the pendency of case. [PLD-1989-Lah-546].

Two or more Courts having jurisdiction. In a case

where two or more Courts have jurisdiction, it is lawful
for the parties to enter into an agreement that a suit
between them would be filed and disposed of in a
particular Court. [AIR-1946-Lah-57 approved in PLD-
1970-SC-373] Such an agreement is not contrary to
public policy as it would neither contravene the
provisions laid down in S.28 of the Contract Act nor
would it violate in any manner the provisions of S.9 or
S.20 of the Code of Civil Procedure.
[1987-SCMR-393].
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 Jurisdiction --- Meaning & Scope
It is necessary that Court passing the decree must
have pecuniary jurisdiction over the consideration
being allowed by it. Degree passed for consideration
in excess of the pecuniary jurisdiction of the court is
without jurisdiction. [1969-SCMR-69].
A party submitting himself to a jurisdiction of a Court
or a Tribunal and agitating respective contention
without raising objection as to jurisdiction is not
entitled to challenge it subsequently. [1983-SCMR-
77]. Court or tribunal having jurisdiction has the
right to decide it rightly or wrongly and the fact that
the decision is incorrect or is not one at which the
higher Court would have arrived does not render the
decision without jurisdiction, PLD-1981-SC-522] or
without lawful authority. [PLD-1985-SC-131 + [LD-
1974-SC-139 + PLD-1963-SC-704].
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 Jurisdiction --- Meaning & Scope
The question whether the suit should have
been filed in the Revenue Courts or in civil
courts is a question of law and can be agitated
even in the High Court [1981-SCMR-46]
Subject matter of suit not amendable to
adjudication by Tribunal due to lack of consent
of the parties, jurisdiction of civil Court is not
excluded. [1983-SCMR-847].

Ouster of jurisdiction. Ouster of jurisdiction is

always through express words, and can never
be implied. Whatever is not prohibited, is
permitted unless same specifically violates any
law or rules. [2003-SCMR-1026]
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 Jurisdiction --- Meaning & Scope
Mere provision of section that the Court has
no jurisdiction does not divest a Court from its
inherent power to go into that question
whether a particular rule has been made
within the four-corners of the statute itself and
this has been the persistent view of High
Court as well as the Supreme Court.
[PLD-1976-Kar-571; PLD-1975-SC-469].
Where Court suffers jurisdiction, no amount of
consent or acquiescence in the proceedings
can invest such Court with such jurisdiction
and principle of estoppels is not attracted in
such circumstances. [2011-SCMR-742].

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 Jurisdiction --- Meaning & Scope
More than one Court having jurisdiction. If
a particular Court, is invested with sole
jurisdiction to tray a particular cause when
it has otherwise no jurisdiction under the
Code of Civil Procedure, such investment of
jurisdiction in that Court by an agreement
by the parties, even with the help of a
deeming clauses, would be contrary to
public policy. However, if the Court
invested with such exclusive jurisdiction is
one of the Courts having jurisdiction under
the Code, it alone would have exclusive
jurisdiction to try the cause.
[AIR-1977-OC-322].
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 Jurisdiction --- Meaning & Scope
The parties by agreement cannot confer
jurisdiction on a Court which does not possess
it nor can they take it away when it is vested
in a Court by a statute. When two or more
Courts have concurrent jurisdiction, the
parties by agreement cannot affected the
jurisdiction of any of them; despite the ouster
clause, the Courts concerned continue to have
inherent jurisdiction in the matter; but the
Court excluded by agreement refuses to
entertain the proceeding not due to lack of
jurisdiction but on the principle that the
contract is binding on the parties and they
must abide by their own agreement.
[SIR-1985-Cal-89].
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 Jurisdiction --- Meaning & Scope
Arbitration proceeding. For the purpose of
filing an application under the Arbitration Act,
1940, in a particular Court, the test is whether
a suit could have been filed in it on the same
causes of action; if the Court is competent to
entertain the suit, it will also be competent to
entertain the application. [AIR-1985-Cal-89].
Jurisdiction---Determination. The consensus is
that the nature of a suit for the purpose of
determining jurisdiction has to be decided in
the light of averments in the plaint and not on
the basis of any defence taken.
[1984-CLC-309, 683; PLD-1985-Pesh-74;
PLD-1986-Lah-1050, 1981-SCMR-863].
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 Jurisdiction --- Meaning & Scope
It is the duty of the Court to consider
whether it has jurisdiction over the lis
though such a question is not raised by the
parties. [AIR-1951-SC-230].
Superior Courts have right to interpret the
constitution or any legislative instrument
and to say as to what a particular provision
of the constitution or a legislative
instrument means or does not mean, even
if that particular provision is a provision
seeking to oust the jurisdiction of Supreme
Court.
[PLD-2000-SC-869 = 2000-SCMR-1137].
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 Jurisdiction --- Meaning & Scope
Order suffering from legal infirmity. Order
suffering from legal infirmity, particularly in
domain of competency, cannot enjoy
protection of statute from challenge.
[1986-SCMR-1994 + PLD-1986-SC-734].
If a mandatory condition for exercise of a
jurisdiction before Court, tribunal or authority
is not fulfilled, then the entire proceedings
which follow become illegal and suffer from
want of jurisdiction. Any order passed in
continuation of these proceedings in appeal or
revisions equally suffer from illegality and are
without jurisdiction.
[2008-SCMR-240; PLD-1972-SC-271 fol.].
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 Jurisdiction --- Meaning & Scope
Erroneous order. Erroneous order passed by
Court of competent jurisdiction would not
render same without jurisdiction. [2008-
SCMR-240].
Objection to the jurisdiction can be raised at
any subsequent stage. [2008-SCMR-240].
Court having no jurisdiction. When the Court
has no jurisdiction over the subject matter /
suit, it cannot decide any question on merits
[AIR-1965-SC-338] Lack of jurisdiction cannot
be rectified by consent of parties as statutory
jurisdiction cannot be conferred upon or taken
away.
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 Jurisdiction --- Meaning & Scope
An act without jurisdiction being Coram non-
judice no plea of estoppel or waiver to stand
in way. [PLD-1982-SC-(AJ&K)-64].

The Constitution bar of jurisdiction certainly

does not permit the Court to dilate upon
matter of the nature in which the Courts are
precluded to exercise jurisdiction, including
the proclamation of Emergency in the
Country by virtue of Articles 223 to 235 of
the Constitution but notwithstanding the
ouster clauses, the superior Courts in
exercise of their power of judicial review,

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 Jurisdiction --- Meaning & Scope
may examine the circumstances calling for
justification of such action of the executives
affecting the fundamental rights of people…[PLD-
2008-SC-735 = for latest laws please see PLD-
2009-SC-789] Jurisdiction of the Court vested
under the Constitution cannot be abridged or
enlarged through and ordinary legislation.
[PLD-2008-SC-735].
Barring provision. As a matter of fact the
jurisdiction of civil Courts is never altogether
barred, because even in cases where there is a
provision as to the exclusion of civil Court’s
jurisdiction, Courts are entitled to see whether the
authorities concerned acted in compliance with
law. [AIR-1940-SC-105].
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 Jurisdiction --- Meaning & Scope
An act which………….
Inspite shutting out jurisdiction of the
ordinary Court under a special statute the
corrective processes of the civil Court
would be available if the functionaries
exceed their statutory powers. [PLD-1964-
SC-126] High Court can interfere under
constitutional jurisdiction. The question as
to whether the act of an executive or
administrative officer or a quasi-judicial or
judicial tribunal is without jurisdiction
illegal and not binding on a party,
being a matter of a civil nature,
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 Jurisdiction --- Meaning & Scope
is always to be decided by the civil Courts
except to the extent to which such
jurisdiction may have been taken away.
[PLD-1965-SC-671] Where any authority
lacks jurisdiction to tray a case even a pleas
of waiver to its jurisdiction would not
validate the order of the authority.
[PLD-1967-Kar-258].
Likewise if a mandatory condition for the
exercise of jurisdiction before a Court,
Tribunal or authority is not fulfilled, then the
entire proceedings which follows becomes
illegal and suffers for want of jurisdiction.
[1970-SCMR-587, Law Notes 1971-SC-48].
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 Jurisdiction --- Meaning & Scope
Justice. Tradition of Holy Prophet
(p.b.u.h.) bearing No.4244 of Sahi
Muslim reported by the Ibne Abbas
which says that if people were to be
given according to their claims then
the supplicants will (start) claiming
lives and property of other persons.
This precept is therefore, of
elementary significance in the field
of administration of justice.
[2008-SD-969].
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 Jurisdiction --- Meaning & Scope
Inherent jurisdiction. The word
‘inherent’ signifies a quality resident in
a person borne alive. Inherent right
signifies a right which abides in a
person independent of extraneous aid;
a right which a person has because he
is a person. The inherent power of a
Court is that which is necessary for the
proper and complete administration of
justice and such power is resident in all
Courts of superior jurisdiction and
essential to their existence.
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 Jurisdiction --- Meaning & Scope
In classic judgment Narsingh Das v/s. Mangal
Dubey and others (ILR Vol.5, Allahabad 163]
held, “Courts are not to act upon the principle
that every procedure is to be taken to be
prohibited unless it is expressly provided for by
the Code, but on the converse principle that
every procedure is to be understood as
permissible till it is shown to be prohibited by
law”. [1999-CLC-292; PLD-1969-SC-65] Courts
are not to act upon the principle that every
procedure has to be taken as prohibited, unless
it is expressly provided for, but are to act on the
converse principle that every procedure is to be
understood as permissible, till it is shown to be
prohibited by the law.
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 Jurisdiction --- Meaning & Scope
Word ‘inherent jurisdiction’ has a wide
connotation and meanings in the sphere of
administration of justice. Court from its very
inception are equipped the inherent powers
to make such orders as might be necessary
for the ends of justice or to prevent the
abuse of the process of Court. [2008-YLR-
2849]. The Courts are equipped with
necessary enabling power to pass orders to
do acts which are necessary to do
substantial justice between the parties within
the framework of reason, good conscious
and fairness. Exercise of this power is
subject to three necessary elements, firstly,
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 Jurisdiction --- Meaning & Scope
the Court can exercise its jurisdiction in a
manner which is not prohibited by any law,
secondly, when there is express provision
in Code, the Court cannot exercise this
authority to defeat or circumvent such
express provision; thirdly, expression
‘Court’ in s.151 C.P.C. means such civil
Court in which the lis is pending.
[PLD-1998-Lah-474].
The inherent power of a Court is an
addition to and complimentary to the
powers expressly conferred under the
Code.
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 Jurisdiction --- Meaning & Scope
The inherent power of the Court has been
preserved to meet a situation where no
express provision of law is applicable and
such power can be exercised if there is no
specific prohibition for a particular Act. It is
further to be kept in view that the inherent
power cannot be exercised to further
injustice as it is specifically stated in section
151, that the inherent power of the Court is
to be exercised for making such orders as
may be necessary for the ends of justice.
This inherent power is necessary because
the human conduct and the varying situation
in human society are so numerous,
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 Jurisdiction --- Meaning & Scope
unpredictable and sometimes so complicated
that any system of law and the general rules
contained therein cannot regulate for all the
times to come, each and every situation
arising in peculiar circumstances and thus, it is
not possible to make express provisions so far
all the situations that may possibly happen. It
is the duty of the Judges to apply law, not
only to what appears to be regulated by their
express proposition, but to all the cases to
which a just application of them may be made
and which appeared to be comprehended
either within the express sense of law or
within the consequences of achieving the ends
of justice. [PLD-2001-Kar-442].
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 Jurisdiction --- Meaning & Scope
Court is not powerless to do free
justice between the parties just
because the Code does not contain
specific provision to deal with the
particular situation [1994-CLC-2851]
Any difficulty is doing complete justice
should not be treated insurmountable
because of the inherent power value
in the original Court u/s 151 C.P.C.
and in the Appellate Court under
O.XLI rule 33 and S.151 C.P.C.
[PLD-1991-SC-218].
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 Jurisdiction --- Meaning & Scope
All procedural laws ……….
Judgment. Judgment of a lower forum
merging into judgment of a higher
forum. Doctrine of merger was
applicable to the reversal and
modification cases and also to all
those cases in which the judgment
etc. of a lower forum had been
affirmed in appeal or revision by a
higher forum(s) (subject to certain
exceptions). [PLD-2016-SC-358].
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 Jurisdiction --- Meaning & Scope
Judicial should not interfere in the
processes of other branches of government
unless to do so was mandated by the
Constitution. Therefore it was not for the
Court to prescribe to Parliament what
structures or measures to establish or
employ respectively in order to fulfill
responsibilities primarily entrusted to it.
Court ought not to blink at the thought of
asserting their authority, whenever it was
constitutionally permissible to do so,
irrespective of the issues or who is
involved.

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 Jurisdiction --- Meaning & Scope
At the same time, and mindful of the vital
strictures of their powers, courts must be on
high alert against impermissible encroachment
on the powers of the other arms of
government. [2016-SCMR-1040] Strong and
independent judiciary is sine qua non for a
sovereign Islamic State. Concept of sovereign
Islamic State minus a strong judiciary is
unimaginable. Judiciary is heart of freedom
and independent judiciary represents the
difference between civilization and savagery.
If the judiciary of a country is stripped of its
powers, the country would cease to exist as a
free nation. [200-SCMR-751].
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 Vires of Statute
Vires of Statute. It is the judiciary who
has a duty to examine vires of a
legislature at the touchstone of the
Constitution. [PLD-2013-SC-501]
Presumption of legality, validity,
constitutionality and legislative
competence would attached to a statute
and heavy burden would lay on a person
challenging its validity or vires. Any law,
if inconsistent with right conferred under
Chapter I of the Constitution and / or
any other mandate thereof, would be
void to the extent of such inconsistency.
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 Vires of Statute
Irrespective of length of a statute standing on
statute book and innumerable cases decided
thereunder, would not make such statute
immune from challenge on ground of being
violative of a fundamental right or provision of
the Constitution. [PLD-2012-Sindh-129]. The
question of constitutionality of a law, or to put it
differently, whether a law is intra vires or ultra
vires does not depend upon consideration of
jurisprudence for of policy; it depends simply on
examining the language of Constitution and of
comparing the legislative authority conferred on
the Parliament with the provisions of the sub-
constitutional law by which the Parliament
purports to exercise that authority.
[PLD-2006-SC-602].
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 Vires of Statute
Burden is on the person, challenging the vires of
any statute to show that, the impugned statute
is beyond the legislative competence or, is in
violation of any Constitutional provision or
guarantee or, in negation of rights guaranteed
under the Constitution. [PLD-2005-Kar-55].
While examining the validity of statute,
principles is that is a presumption of
constitutionality of Statute and that every
explanation in favour of statute must be found.
[PLD-2005-SC-373] Intra vires or ultra vires of
an Act or an Ordinance depends simply on
examining the competence of the legislative
body which enacts them and no other criterion.
[PLD-1988-SC-(AJ&K)-53].

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 Vires of Statute
Question of validity or voidance of
certain statute arises when a claim for
its enforcement is made through a
Court of law and Court is to decide
vires of the law when question comes
up before it to determine one’s right
or liability. [PLD-1987-Kar-612] A
portion of Act found ultra vires but
severable from the rest. Whole Act
not to be declared ultra vires. (Timber
Trade Act, 1976). [PLD-1978-SC-
(AJ&K)-42].
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 Vires of Statute
Absence of challenge to any particular law
or a provision thereof in the past would
not make it immune to any challenge in
the future. [PLD-2012-SC-923] Question
as to what is best for the people is to be
left to the legislature as it is the members
of the legislature that are entrusted with
the function to understand the needs of
the people who has chosen them. Unless
there is brazen violation of any
constitutional provision, a statute cannot
be declared unconstitutional.
[PLD-2014-Sindh-553].
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 Vires of Statute
If a challenge as to vires of a statute fails on
one ground that itself precludes a
subsequent challenge on another ground.
[2017-PTD-1].

Statute containing ultra vires provision.

Where material provisions of a section
contained in a statute are ultra vires the
Constitution, and remaining provisions of the
same section incapable of being severed and
their presence in the statute would be
ineffective and cause further mischief, then
entire section can be held to be ultra vires
the Constitution. [PLD-2014-SC-283]
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 Vires of Statute
Doctrine of severability of severability
permitted a court to sever the
unconstitutional portion of a partially
unconstitutional statute in order to
preserve the operation of any
uncontested or valid remainder, but if
the valid portion was so closely mixed
up with the invalid portion that it
could not be separated without
leaving an incomplete or more or less
mixed remainder, the court would
declare the entire act void.
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 Vires of Statute
Vires of Rules under an Act --- Test. The
tests to apply in considering whether rules
are within the powers of the rule-making
authority under a statute are:
1-Whether the rules are reasonable and
convenient for carrying the Act not full
effect?
2-Whether the rules relate to the matters
arising under the provisions of the Act?
3-Whether they relate to the matters not in
the Act otherwise provided for? And
4-Whether they are inconsistent with the
provisions of the Act?
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 Vires of Statute
“Pith and Substance”. Said doctrine is to
enquire as to what is the pith and substance
of the law, vires of which are being
challenged. Said doctrine required that
primary should be given to the object which
the law aimed to achieves rather than to the
subjects it dealt with. [PLD-2014-Sindh-553].

It only means that such a law becomes

unenforceable so long as a conflict with a
fundamental right exists and if the
fundamental right for some reasons or the
other disappears, the law would become
operative again. [PLD-1964-SC-673].
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 Vires of Statute
Void order or an order without
jurisdiction is only a type of an
illegal order passed by a Court and
cannot be altered under section
151, C.P.C.
[PLD-1987-Lah-112+PLD-1977-SC-599].
Such order must be challenged with
a reasonable time if the same
adversely affects the interest of
persons.
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