Whether civil court can exercise jurisdiction in respect of a matter even if its jurisdiction qua that matter is expressly barred by a legislation?
Parveen Kr. Aggarwal (Advocate) 22 December 2009
Whether civil court can exercise jurisdiction in respect of a matter even if its jurisdiction qua that matter is expressly barred by a legislation?
Gundlapallis (Advocate) 22 December 2009
No
Adv Archana Deshmukh (Practicing Advocate) 22 December 2009
No
Suchitra. S (Advocate) 22 December 2009
No., according to sec.9 of CPC.
Raghav Sood (Lawyer) 22 December 2009
yes civil court even has jurisdiction in that event subject to condition that the statutory authorities as not acted in conifrmity with procedure and guidelines it is the plenary power of the civil court to determine its own jurisdiction when the procedure adopted and order passed by not adopting correct procedure guidelines rules or it is against the principle of natural justice a S.C o this point
Arvind Singh Chauhan (advocate) 22 December 2009
As "expressly barred by a legislation". Then so question of jurisdiction arise.
Khaleel Ahmed (Legal Advisor) 22 December 2009
Please mention your detailed quarry .
Parveen Kr. Aggarwal (Advocate) 22 December 2009
Raghav Sir is absolutely right. The Supreme Court Judgment is five Judges Bench Judgment reported in AIR 1969 Supreme Court 78.
Please post latest Judgments of Supreme Court on this point.
Swami Sadashiva Brahmendra Sar (Nil) 22 December 2009
Simple answer to simple query is - No.
To find some clue for exeptions kindly see this article on LCI : https://www.lawyersclubindia.com/articles/article_list_detail.asp?article_id=796&article_title=Jurisdiction%20of%20Civil%20Court%20in%20labor%20matters%20-%20when%20not%20barred.
Swami Sadashiva Brahmendra Sar (Nil) 22 December 2009
Title of above article is "Jurisdiction of civil court in labor matters - when not barred". It is available on LCI.
Parveen Kr. Aggarwal (Advocate) 23 December 2009
I appreciate the response of Dr. Tripathi. Thankful to him for valuable guidance and for posting the article. He is correct that simple answer to simple query is no but there are certain situations where a civil court can try a civil suit despite express bar of its jurisdiction. I intended to highlight this aspect only. Thanks again.
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