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Jurisdiction of Civil Courts
Jurisdiction of Civil Courts
Jurisdiction of Civil Courts
Jurisdiction may be defined to be to be the power of authority of a Court to hear and determine a cause, to adjudicate an exercise any judicial power in relation to it. In Official Trustee Vs Sachindra 1by jurisdiction is meant the authority, which a Court has to decide the matters that are litigated before it or to take cognizance of matters presented in formal way for its decision.
SECTION 9
nder the Code of Ci!il "rocedure , a Ci!il court has jurisdiction to try all suits of ci!il nature unless they are barred. #ection $ of the Code read as under% &'he Court shall (subject to pro!ision herein contained) ha!e the jurisdiction to try all suits of ci!il nature excepting suits of which their cognizance is either expressly or impliedly barred. EXPLANATION I * suit in which the right to property or to any offence is contested is a suit of ci!il nature, notwithstanding that such right may depend entirely on the decision of +uestions as to religious rites or ceremonies. EXPLANATION II ,or the purpose of this #ection, it is im-material whether or not any fee are attached to the office referred to it .xplanation-1 or whether or not , such office is attached to a particular place.
CONDITIONS
* Ci!il court has the jurisdiction to try a suit if two conditions are fulfilled. a. 'he suit must be of ci!il nature. b. 'he cognizance of such a suit should not ha!e been expressly or impliedly barred. (1) SUIT OF CIVIL NATURE In order that a ci!il court may ha!e jurisdiction to try a suit, the first condition which must be satisfied is that, the suit must of ci!il in nature. 'he word &ci!il/ has not been defined in the court. 0ut according to the dictionary meaning, it pertains
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pri!ate rights and remedies of a citizen as distinguished from criminal, political etc. 'he word &nature/ has been defined as &the fundamental +ualities of a person or a thing, identity or essential character, sort, kind, character/. 'hus, a suit is of ci!il nature if the principle +uestion therein relates to the determination of a ci!il right and enforcement thereof.
TEST
* suit in which the right to property or to an office is contested is a suit of ci!il nature, notwithstanding that such right may depend entirely on the decision of a +uestion as to religious rites or ceremonies.
(iii) #uits relating to taking out of religious processions. (i!) #uits relating to right to share in offerings.
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(!)
(!i) #uits for specific performance of contract or for damages for breach of contract. (!ii) #uits for specific relief. (!iii) #uits for restitution of conjugal rights. (ix) #uits for dissolution of marriage. (x) #uits for rent. (xi) #uits for or on accounts. (xii) #uits for rights of franchise. (xiii) #uits for rights to hereditary office (xi!) #uits against wrongful dismissal from ser!ice and from salaries etc.
BURDEN OF PROOF
It is well settled that it is for the party who seeks to oust the jurisdiction of a Ci!il Court to establish it. It is e+ually well settled that a statute ousting the jurisdiction of a ci!il court must be strictly construed. <here such a contention is raised, it has to be determined in the light of words used in this statute, the scheme of the rele!ant pro!isions and the object and purpose of the enactment.
(,) @uestions of the correctness of an assessment, apart from its constitutionality, are for the decisions of the authorities and a ci!il suit does not lie if the orders of the authorities are declared to be final or there is an express prohibition in a particular act.
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d. 'he certified standing orders framed in accordance with the Industrial .mployment *ct, 1$;2 are statutorily imposed conditions of ser!ice and are binding both upon employers and employees, though they do not amount to statutory pro!isions.
GENERAL PRINCIPLES
,rom !arious decisions of the #upreme Court, the following general principles relating to jurisdiction of Ci!il Court emergedA 1. * Ci!il Court has the jurisdiction to try all suits of ci!il nature unless their cognizance is barred either expressly or impliedly. 6. Consent can neither confer nor take away jurisdiction of Court. :. * decree passed by a Court without jurisdiction is a nullity and the !alidity thereof can be challenged at any stage of the proceedings , in execution proceedings or e!en in collateral proceedings. ;. 'here is a distinction between want of jurisdiction and irregular exercise thereof. 8. .!ery Court has inherent power to decide the +uestion of its own jurisdiction. 2. Jurisdiction of Court depends upon the a!erments made in the plaint and not upon the defence in a written statement. 4. ,or deciding jurisdiction of Court, the substance of matter and not its form is important. 3. .!ery presumption should be made in fa!our of jurisdiction of a Ci!il Court. $. * statute ousting jurisdiction of a Court must be strictly construed. 17. 0urden of proof of exclusion of jurisdiction of a Court is on the party who asserts it. 11. .!en where jurisdiction of a Ci!il Court is barred, it can still decide whether the pro!isions of an act ha!e been complied with or whether an order was passed dehors the pro!ision of law.