certainly an implied bar. We must hasten to add that this ouster of jurisdiction is only as regards the Court of first instance. That Court ... Government. Consistent with the principle that a section dealing with ouster of jurisdiction is to be strictly construed, and on the language of Clause
jurisdiction of Courts at Trivandrum, which have got jurisdiction over the subject-matter, have lost that jurisdiction because the parties have confined the jurisdiction ... Court can find ouster by applying the principle above stated. Generally the Courts are disinclined to find ouster of jurisdiction by implication
that the order was secured by fraud or collusion. Is the ouster of jurisdiction of the civil Court so complete that everyone ... exclusive competence.
18. For a proper understanding about the question of ouster of jurisdiction of the Civil Court, it is useful to read the relevant
dispute, in the said decision .
However, the larger principle of the ouster of jurisdiction of
civil courts being confined to the precise power conferred
under ... jurisdiction of the Tribunal
constituted under Section 83 and the ouster of jurisdiction of
the Civil Court provided under Section 85 would only be
applicable
issue regarding the provisions
contained in the Companies Act including the jurisdiction
ouster clause was not considered in this judgment by the
learned Single Judge ... Companies Act 2013,
for which jurisdiction lies exclusively under the NCLT. In view of the
jurisdiction ouster clause in Section 430 of the Companies
that matter to consignee before altering into the contract and therefore ouster of jurisdiction cannot be treated as a matter of assumption or presumption ... submission the Court in considering the Question of ouster of jurisdiction ought to look into the balance of convenience as well, and the ouster
like, then alone could it be said that there was ouster of jurisdiction in respect of all courts, other than the courts at Lucknow. Since ... express ouster in A.K. Surekha (supra), in the present case there is no such express ouster of jurisdiction of Courts other than those
framed is beyond the jurisdiction of the Court it would have no jurisdiction to allow the amendment for want
of jurisdiction to entertain the suit ... ground of want of jurisdiction only if its jurisdiction is ousted. The question of ousting the jurisdiction in such a case would normally arise only
exclusive jurisdiction to entertain such a suit;
(ii) The ouster of jurisdiction contemplated by sub-section (2) of section 7 would operate even during ... given to the flat owners or not;
(iii) The provision of ouster jurisdiction of the Civil Court contained in section 7(2) of the Ownership
deduced that
where such an ouster clause occurs, it is pertinent to see whether
there is ouster of jurisdiction of other Courts. When the clause ... jurisdiction of courts at Trivandrum, which have got
jurisdiction over the subject-matter, have lost that jurisdiction because
the parties have confined the jurisdiction