Upgrad LLM

jurisdiction


what is exclusion of jurisdiction not readily inferred
 
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Hi

Thank you for your question

The exclusion of jurisdiction of Civil Court entertain civil court should not be readily inferred unless the relevant statute contains an express provision to that effect, or leads to a necessary and inevitable implication of that nature.

It is stated that it is for the party who seeks to oust the jurisdiction of a Civil court to estasblish his/her contention.

Hope this will help you

Best regards,

Akshay Gupta

 
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Advocate

Jurisdictions ia a question of Pure Law, and party by agreement cannot conferred Jurisdictions on the court that lacks Jurisdictions. Being a question of Law,  the party who asserts the lack of jurisdiction or the competency of the Court must prove lack of jurisdictions of the Court.

 
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