provided that nothing in
the Regulation shall, expressly or by implication, bar the Commission from
dealing with any matter or exercising any power under ... class of matters.
Nothing in this Regulation shall, expressly or by implication, bar the
Commission from dealing with any matter or exercising any power under
provided that nothing in the Regulation shall, expressly or by implication, bar the
Commission from dealing with any matter or exercising any power under ... matters.
3. Nothing in this Regulation shall, expressly or by implication, bar the
Commission from dealing with any matter or exercising any power
under
relation to a regulatory or adjudicatory mechanism either
expressly or by clear implication permits arbitration. In these
matters the State enjoys monopoly in dispute resolution ... Dhulabhai reads as
under:
“32. (2) Where there is an express bar of the
jurisdiction of the court, an examination of the scheme
bar of Art. 301. The short question thus was whether the
suit was barred expressly by s. 17 of the Act or any
implication arising ... fact arising in regard to that
liability, it may, by necessary implication,
bar the maintainability of a civil suit in
respect of the said liability
provision in
the CrPC , 1898 which, expressly or by necessary
implication, barred the right of the police to further
investigate after cognizance of the case
Ram Lal Narang Etc. Etc vs State Of Delhi (Admn.) on 10 January, 1979
Equivalent
nature excepting those, the cognizance whereof is expressly or by necessary
implication barred.
21. Order 7 Rule 11(d) is one of such provision which
bills, then the
remedy under the Consumer Protection Act is by implication
barred. Section 7-B of the Telegraph Act reads as under
provision in the
CrPC , 1898 which, expressly or by necessary implication, barred
the right of the police to further investigate after cognizance
of the case
fact arising in
regard to that liability, it may, by necessary implication,
bar the maintainability of a civil suit in respect of the
said liability ... expressly or impliedly barred." A suit is expressly barred
if a legislation in express terms says so. It is impliedly
barred if a statute
