Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Jurisdiction of Civil Courts

Saturday, December 25, 2010
Jurisdiction of Civil Courts

Jurisdiction of Civil Courts — Even in cases where the statute accords finality to the orders passed by the Tribunals, the Court will have to see whether the Tribunal has the power to grant the reliefs which the Civil Courts would normally grant in suits filed before them — If the answer is in negative exclusion of the Civil Courts jurisdiction would not be ordinarily inferred.

 
Jurisdiction of Civil Courts

Jurisdiction of Civil Courts — Held, the jurisdiction of Civil Courts to try suits of civil nature is very expansive — Any statue which excludes such jurisdiction is, therefore, an exception to the general rule that all disputes shall be triable by a Civil Court. Any such exception cannot be readily inferred by the Courts — The Court would, lean in favour of a construction that would uphold the retention of jurisdiction of the Civil Courts and shift the onus of proof to the party that asserts that Civil Court’s jurisdiction is ousted.

 
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