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Module 3 IOS
Module 3 IOS
The Rule which privy council adopted that crown was not
bound by a statute unless named expressly or by necessary
implication was applied by privy council before the
constitution was adopted.
2) Extent OF exclusion
(A) Conclusion of exclusionary clauses
(B) Cases of Nullity
(C) Rule of conclusive Evidence
Burden of proof
.
It was held that for wrongs created by the Act the only
remedy is what is provided in the Act. Therefore , in case
of a strike which is illegal the employer can have the
workers punished under section 26 but he has no right to
claim compensation for loss of business caused by the
illegal strike.
Cases of Nullity
The cases of nullity arises “when an order passed by a tribunal or
authority of limited jurisdiction is held as nullity of cases”.
The jurisdiction of a tribunal is determinable at commencement of
a proceeding and if jurisdiction is properly assumed any order
passed thereafter will be within jurisdiction and conclusive though
it may be erroneous in fact or law.
The pure theory of jurisdiction has provided a modern theory
of jurisdiction according to which defects in jurisdiction can
arise even during or at the conclusion of a proceeding .
Here the court should make distinction between jurisdictional question
of fact or law and questions of fact or law which are not jurisdictional.
This power of revision under section 115 of the act can be removed only by
express provision to that effect.