Cpc Inherent Jurisdiction

4892 Words Oct 5th, 2015 20 Pages
Code of Civil Procedure
Assignment II
“Civil Court has Inherent Jurisdiction to take cognizance of all dispute of Civil Nature except when barred.”

-Siddhesh S Pradhan
-241
-Division C
-BBA LLB Year 4

INTRODUCTION
Jurisdiction means the power or authority of a Court of law to hear and determine a cause or matter.[1] It is the power to entertain, deal with and decide a suit, an action, petition or other proceeding.[2] In Smt Ujjambai v. State of UP[3] it was stated that exclusion of jurisdiction means prevention or prohibition to the court not to entertain or try any matter though the dispute is civil in nature. Jurisdiction is a key question for the court which goes to the root of the case and decides the fate of a matter
…show more content…
(7) An exclusion of the jurisdiction of the Civil Court is not readily to be inferred unless the conditions above set down apply.”
In Rajasthan SRTC v. Krishna Kant[7] it was laid down, “(1) Where a dispute arises from the general law of contract, i.e., where relief’s are claimed on the basis of the general law of contract, a suit filed in a civil court cannot be said to be not maintainable, even though such a dispute may also constitute an “industrial dispute” within the meaning of section 2 (k) or section 2-A of the industrial Dispute Act,1947.
(2) Where, however, a dispute involves recognition, observance or enforcement of any of the rights or obligations created by the the industrial Dispute Act, the only remedy is to approach the famous created by the said act. (3) Similarly, where a dispute involves the recognition, observance or enforcement of rights and obligations created by enactments, like the industrial employment (standing order) act, 1946- which can be called “sister enactments’ to the industrial dispute act- and which do not provide a forum for resolution of such disputes, the only remedy shall be to approach the forums created by the industrial dispute act provided they constitute industrial disputes within the meaning of section 2(k) and section 2-A of the industrial dispute act or where such enactments says that such dispute shall be adjudicated by any of the forums
Open Document