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1 - 3 of 3 (0.22 seconds)Sh. B.L. Kantroo vs Bses Rajdhani Power Ltd. on 25 September, 2008
7 Ld.counsel for respondent supported the judgment and decree
and controverted the contention of appellant, stating that the
judgment has been passed by the Ld.Trial Court after proper
appreciation of documents and testimony of witnesses. It was
contended that the jurisdiction of civil court is not completely barred
as laid down in the case of B.L.Kantru.
The Secretary Of State vs Mask And Co. on 15 March, 1940
Where the jurisdiction of civil
court is impliedly barred, Civil Court may still entertain the suit if the
provision of the act has not been complied with or the statutory
tribunal has not acted in conformity with fundamental principle of
judicial procedure as was held in the case of Secretary of State Vs.
RCA No.21/08 6
Mark & Co.AIR 1940 Privy Counsel 105 and relied by Hon.High
Court of Delhi in the case of B.L.Kantru, in para 17.
8 I have carefully considered the Ld. Trial Court record including
the pleadings of parties, documents proved on record and the
testimony of witnesses. I have given my considered though to the
written submissions filed by parties and the arguments advanced at
bar.
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