Jurisdiction of Civil Courts & Statutory exclusion thereof
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Oct 30, 2020
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The Code of Civil Procedure, 1908
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Language: en
Added: Oct 30, 2020
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The Code of Civil Procedure Jurisdiction of Civil Courts & Statutory exclusion thereof Bhargav Dangar Roll No. 21 CPC
Jurisdiction :- Authority conferred by the law upon. The court Tribunal Judge To decide or adjudicate any dispute or pass judgement or order. If any order passed without jurisdiction, it becomes nullity & not enforceable by law.
Goes to the root of the case & decide the fate of matter. Revenue merit, valuation, territorial limit & surrounding circumstances. Jurisdiction of civil courts :- Subject-matter jurisdiction Pecuniary jurisdiction Territorial jurisdiction
Section: 9 It says that the courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. The suit must be of a civil nature, The cognizance of such a suit should not have been expressly or impliedly barred. Conditions : –
Suits of a civil nature – suits relating to rights to property; suits relating to rights of worship; suits relating to right to share in offerings; suits for damages for civil wrongs; suits for specific performance of contracts or for damages for breach of contracts; suits for specific relief’s; suits for dissolution of marriages; suits for rent; suits against wrongful dismissal from service and for salaries, etc.
1. suits involving principally caste questions; 2. suits involving purely religious rites or ceremonies; 3. suits for upholding mere dignity or honour; 4. suits for recovery of voluntary payments or offerings; 5. suits against expulsions from caste, etc. Suits not of a civil nature – Who may decide jurisdiction ? –