Jurisdictional fact

What is the meaning of the term ‘Jurisdictional Fact’

A jurisdictional fact is one on existence or non-existence of which depends assumption or refusal to assume jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case. by a Court, Tribunal or an authority.

In Black’s Legal Dictionary it is explained as a fact which must exist before a Court can properly assume jurisdiction of a particular case. Mistake of fact in relation’to jurisdiction is an error of jurisdictional fact. No statutory authority or tribunal can assume jurisdiction in respect of subject-matter which the statute does not confer on it and if by deciding erroneously the fact on which jurisdiction depends the Court or tribunal exercises the jurisdiction then the order is vitiated. Error of jurisdictional fact renders the order ultra vires and bad [Wade Administrative LawLaw Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis.].

In Raza Textiles v. Income-tax Officer, Rampur (1973) 1 SCC 633 it was held that a Court or Tribunal cannot confer jurisdiction on itself by deciding a jurisdictional fact wrongly.

Refer: Smt. Shrisht Dhawan Versus M/s. Shaw Brothers-AIR 1992 SC 1555 : (1991) 3 Suppl. SCR 446 : (1992) 1 SCC 534 : JT 1991 (5) SC 378 : (1991) 2 SCALE 1386