Jurisdiction of Civil Court

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherjee

[Advocate]

 

Jurisdiction of Civil Court-

Tanmoy Mukherjee

[Advocate]

According to section 9 of CPC, 1908, the Courts shall (subject to the provisions herein contained) have Jurisdiction to try all the suits having of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.

Explanation 1- A suit in which the right to a property or to an office is contested is a civil suit of civil nature, notwithstanding that such right may entirely depend on the questions as to religious rites or ceremonies.

Explanation 2- For the purposes of this section, it is immaterial whether or not any fees are attached to the office referred to in Explanation 1 or whether or not such fees office is attached to a particular place.

Jurisdiction means the authority or power conferred. It is the authority of a Civil Court to hear and decide the case.

Suits of Civil Nature-

Civil wrong is a wrong which is not criminal or political. It refers to disputes involving civil rights.

It such as-

-Right to Property

-Right to Contract

-Right to hold office

-Right to enjoy religious freedoms

-Right to damages or compensation for civil wrong

Expressly Barred-

A suit is expressly barred when a specific law or statutory provision clearly states that the civil court has no jurisdiction to entertain such matters.

Examples of Statutes where Suits are Expressly Barred-

Statute	Expressly barred Provision	Effect
Income tax Act, 1961	Section 293	Civil court cannot entertain any suit to set aside or modify orders under the Act.
Industrial Disputes Act, 1947	Section 10, 11, etc.	Disputes must be referred to Labour Court or Industrial Tribunal.
Administrative Tribunals Act, 1985	Section  28	Jurisdiction of Civil Court barred for service matters of government employees.
Representation of People Act, 1951	Section- 80, 100	Election disputes must be decided by Election Tribunal - no civil suit allowed.
Land Acquisition Act, 1894 / 2013	Section 9, 11, 12, etc.	Disputes regarding acquisition or compensation must go to the Collector or Reference Court.
Consumer Protection Act, 2019	Implied via exclusive forum	Consumer disputes must go before consumer commissions, not civil courts.
Railways Act, 1989	Section 124 A and  Section 22	Claims for accidents/damages go to the Railway Claims Tribunal

 

Reference Cases-

Effects of express bar-

-Civil courts must reject suits where jurisdiction is expressly barred.

→ Filing a suit in violation of such bar leads to -

-Rejection of plaint under order 7 Rule 11(d), CPC.

-Wasted costs / time.

-Appeal or revision might not lie if the bar is statutory.

Impliedly Barred-

Implied bar arises when a special statute-

-Creates a special right or liability,

-Provides a special remedy and

-Lays down a complete adjudicatory mechanism, so civil court intervention is not needed and is not allowed.

- Even without express words, courts can infer that civil Jurisdiction is excluded by necessary implication.

Reference Cases-

Dhula Bhay Vs State of MP, AIR 1969 SC 78

-Where a statute gives finality to decisions of special tribunals, civil court jurisdiction is barred, if:

1. The statute provides an adequate remedy, and

2. No civil right outside the statute is involved.

-Civil court have jurisdiction if:

1. The tribunal acted without jurisdiction.

2. There is fraud on malafide.

3. The statute does not provide an adequate remedy.

-Presumption is in favour of civil jurisdiction unless exclusion is clearly established.

Premier Automobiles Ltd. Vs Kamlekar Santaram Wadky AIR 1976 SC 2238-

Civil Court’s jurisdiction in industrial or labour disputes is impliedly barred if:

-The dispute is an Industrial dispute.

-It involves a workman and employer.

-The Industrial Disputes Act provides a complete mechanism.

But civil court jurisdiction is not barred when:

-The dispute involves purely civil rights, like torts, wrongful dismissal (not covered under Industrial Dispute Act).

Rajasthan State Road Transport Corporation vs. Krishna Kant

(1995) 5 SCC 75-

-If the right is created under special statute, and the statute gives a remedy and forum, then civil Courts cannot try the suit.

-However, if the dispute involves common law rights, civil Courts can hear it.

State of A.P. v/s Manjeti Laxmi Kantha Rao (2000) 3 SCC 689-

-Disputes under the Land Acquisition Act must follow the statutory procedure.

-Civil court cannot entertain suits challenging acquisition proceedings once award is passed - Jurisdiction is impliedly barred.

Commissioner of Income tax v/s Parameswari Devi Sood AIR 1994 SC 1163-

-Tax disputes under the Income Tax Act must be handled by the Income Tax Appellate Authorities.

-Civil courts have no jurisdiction in tax assessment or refund issues.

Sulochana Amma vs. Narayanan Nair (1994) 2 SCC 14-

-Even when Jurisdiction is impliedly barred, if the dispute involves basic civil rights like title, civil Courts can still be approached.

Abdul Waheed Khan vs. Bhawani AIR 1966 SC 1718-

-In wakf property matters, if the Wakf Act provides a specific tribunal, civil court jurisdiction is impliedly barred.

Other Cases-

Case	Held
Dwarka Nath vs 190 AIR 1966 SC 81	Writ jurisdiction can still be even if civil court jurisdiction is barred.
K.S. Venkataraman vs UOI AIR 1979 SC 49	Civil courts can test validity of actions taken under statutory powers if fraud is alleged.
Balavant Rao vs UOI AIR 1969 BOM 351	Civil court jurisdiction impliedly barred in service matters (to be dealt by Administrative Tribunals)