Civil Court Jurisdiction

The civil court jurisdiction is not barred because section 9 of the code of civil procedure tells as,"

9. Courts to try all civil suits unless barred.

The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.

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

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

Generally speaking, Agency Courts like Civil Courts have plenary powers to try all suits which involve determination of any civil right.  Only two things are required to give the jurisdiction, i.e., (i) dispute must be of a civil nature, and (ii) its cognizance must not be barred by other statute either expressly or by necessary implication.  Ouster of Agency Courts jurisdiction cannot be readily inferred and the provisions of ouster have to be strictly construed.

In Ganga Bai v. Vijay Kumar1, the Apex Court held that a suit for its maintainability requires no authority of law and it is enough that nostatute bars the suit.  A suit is expressly barred if a legislation in express terms says so.  It is impliedly barred if a statute creates a new offence or a new right and prescribes a particular penalty or special remedy.  In that event, no other remedy can, in the absence of contrary intention, be resorted to.

Hence, it could be said your case is before the right forum.

Ramakrishnan. V.

Dear Shri Ramakrishnan,

Thank you for your kind and immediate clarification.

Regards

Vasudevan V

In my view, the civil suit filed by you is maintainable, the dispute raised by you can not be termed as industrial dispute. It is in the nature of civil right.

Dear Mr Ramesh,

Thank you very much ,Sir for sparing your valuable time and opinion.  For the benefit of all, I am giving a relevant judgment recently delivered by the Bench at Delhi High Court supporting your valuable opinion.

*Reportable *

IN THE HIGH COURT OF DELHI AT NEW DELHI

FAO (OS) Nos. 465-466 of 2006 

Reserved on : August 13, 2008

Pronounced on : August 29, 2008

American Express Bank Ltd. & Anr. . . . Appellants  vs Ravinder Kumar Saini Please see the attachment to get the judgment in pdf format.

 Thank you for your guidance                      Regards V Vasudevan, Secretary, Commercial Banks Retd Employees Assn, Chennai

Hm

Your dispute is not coming under industrial disputes Act. You are right in filing in civil court. Here you questioning the terms of a contract.