# Abdul v. Bhawani, AIR 1966 SC 1718 (1719). A court has to determine whether it has the jurisdiction to decide a suit with reference to initial assumptions made. When a dispute involves the recognition or enforcement of rights created by an enactment which is called sister enactments and do not provide a forum for the resolution of such dispute, the only remedy is to approach the forum created, provided they constitute industrial dispute within Section 2(k) of Industrial Disputes Act, 1947. Marthoma the Supreme Court observed that: In the case of Shankar Narayanan Potti vs K. Sreedevi, the Supreme Court held that the ‘Civil Court has primary jurisdiction in all types of civil matters as per Section 9 of CPC unless the action is expressly or impliedly barred.” This means that Legislature can defeat the jurisdiction of the civil court by adding a provision or clause in any Act itself. Nature and scope- the expression “suit of a civil nature” will cover private rights and obligations of a citizen. # Premier Automobiles, id, at pp. Supreme Court in the landmark judgement of Official Trustee v. Sachindra Nath,[5] has made the following observation: “When a court is held to have jurisdiction to decide a particular matter it must not only have jurisdiction to try the suit brought but must also have the authority to pass the orders sought for.
Mutual Consent Divorce is the Simplest Way to Obtain a D... Trade Unionism had made its headway owing to growth of industrialization and [20], The issue regarding jurisdiction can be raised before the filing of a written statement by filing a petition and the court has to raise a preliminary issue regarding jurisdiction to decide the issue.
Where Parliament has invested such tribunal with the power to decide and determine finally the preliminary facts on which its jurisdiction depends, it can decide such facts and the finding recorded by the tribunal cannot be challenged by certiorari.
It says that 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. A foreign court is described as a court outside India and not authorised or continued by the authority of the Central Government, and a foreign judgement means a judgement of a foreign court.
In dealing with the subject whether a civil court’s jurisdiction to analyse a suit is barred or not, it is necessary to bear in mind that every opinion should be made in support of the jurisdiction of a civil court. # AIR 1969 SC 78: (1968) 3 SCR 662. If a dispute is not an industrial dispute, nor does it relate to enforcement of any other right under the Act, the remedy lies only in a civil court. It is not sufficient that it has some jurisdiction in relation to the subject-matter of the suit.
Any suit that is not criminal in nature can be termed as a suit of a civil nature. It is uniformly well established that the statue dismissing the jurisdiction of a civil court must be strictly explained.
An investigation of the cases in the texts shows several attempts to explain the word Jurisdiction which has been declared to be the power to hear and determine the issues of law and the fact or the authority by which their judicial powers take knowledge of facts and decide causes or the authority to hear and decide the legal dispute or the power to hear and determine the subject matter in the dispute among the parties to a suit and to adjudicate or exercise any judicial power over them or the ability to hear, determine and declare judgement on issues before the court or the power or authority which is given to a court by government to understand and learn causes between parties and to give a judgement into the effect or the power to enquire into the facts to apply the law to pronounce the Judgement and put it into execution.
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