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Lala Ram Swarup And Others vs Shikar Chand And Another on 10 November, 1965
14. Recently in the case of Dhruv Green Field Ltd. v. Hukum Singh AIR 2002 SC 2841, the Apex Court relying upon the judgments in Kamala Mills Ltd (supra) and Lala Ram Swarup v. Shikar Chand[1966] 2 SCC 553, held that if there is express provision in any Special Act barring the jurisdiction of a Civil Court, with regard to the matters provided therein, the jurisdiction shall stand excluded and if there is no express provision in the Act but an examination of the provisions leads to a conclusion in regard to exclusion of jurisdiction of the Civil Court, then the Court will enquire whether adequate and efficacious alternative remedy has been provided under the Act or not; if the answer is in the affirmative, the jurisdiction of the Civil Court is barred, but if it is in the negative, then the jurisdiction of the Civil Court is not barred. Even if the jurisdiction of the Civil Court is barred expressly or impliedly if the order is a nullity, the same can be challenged in the Civil Court.
The Code of Civil Procedure, 1908
The Limitation Act, 1963
Kamala Mills Ltd vs State Of Bombay on 23 April, 1965
14. Recently in the case of Dhruv Green Field Ltd. v. Hukum Singh AIR 2002 SC 2841, the Apex Court relying upon the judgments in Kamala Mills Ltd (supra) and Lala Ram Swarup v. Shikar Chand[1966] 2 SCC 553, held that if there is express provision in any Special Act barring the jurisdiction of a Civil Court, with regard to the matters provided therein, the jurisdiction shall stand excluded and if there is no express provision in the Act but an examination of the provisions leads to a conclusion in regard to exclusion of jurisdiction of the Civil Court, then the Court will enquire whether adequate and efficacious alternative remedy has been provided under the Act or not; if the answer is in the affirmative, the jurisdiction of the Civil Court is barred, but if it is in the negative, then the jurisdiction of the Civil Court is not barred. Even if the jurisdiction of the Civil Court is barred expressly or impliedly if the order is a nullity, the same can be challenged in the Civil Court.
Section 9 in The Companies Act, 1956 [Entire Act]
Section 299 in The Companies Act, 1956 [Entire Act]
The Special Courts Act, 1979
Dhulabhai And Others vs The State Of Madhya Pradesh And Another on 5 April, 1968
In the case of Dhulabhai v. State of Madhya Pradesh AIR 1969 SC 78, the Apex Court, in paragraph 32, laid down the principles for exclusion of the jurisdiction of the Civil Court. Said principles are as follows :--
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