cpc

jurisdiction of civil court


Whether civil court can exercise jurisdiction in respect of a matter even if its jurisdiction qua that matter is expressly barred by a legislation?

 
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Advocate

No

 

 

 
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Practicing Advocate

 No

 
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Advocate

No., according to sec.9 of CPC.

 
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Lawyer

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

 
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advocate

As "expressly barred by a legislation". Then so question of jurisdiction arise.


 
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Legal Advisor

Please mention your detailed quarry .

 
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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.

 
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Simple answer to simple query is - No.

To find some clue for  exeptions kindly see this article on LCI : http://www.lawyersclubindia.com/articles/article_list_detail.asp?article_id=796&article_title=Jurisdiction%20of%20Civil%20Court%20in%20labor%20matters%20-%20when%20not%20barred.

 
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Title of   above article  is "Jurisdiction of civil court in labor matters - when not barred". It is available on LCI.


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