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Wednesday, October 29, 2014

A.P.D. Jain Pathshala v. Shivaji Bhagwat More, (2011) 13 SCC 99 at page 110

29. Section 9 of the Code of Civil Procedure provides that the courts shall, subject to the provisions of the Code, have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. The express or implied bar necessarily refers to a bar created by the Code itself or by any statute made by a legislature. Therefore, the High Court in exercise of the power of judicial review, cannot issue a direction that the civil courts shall not entertain any suit or application in regard to a particular type of disputes (in this case, disputes relating to Shikshan Sevaks) nor create exclusive jurisdiction in a quasi-judicial forum like the Grievance Committee will be entitled to deal with them. The High Court, cannot, by a judicial order, nullify, supersede or render ineffectual the express provisions of an enactment.

 

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