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  • May 31, 2019
    AbstractJurisdiction means and includes any authority conferred by the law upon the court, tribunal or judge to decide or adjudicate any dispute between the parties or pass judgment or order. Exclusion of jurisdiction means prevention or prohibition to the court not to entertain or try any matter though the dispute is civil in nature. Jurisdiction is the power of a court to hear and determine a cause, to adjudicate and exercise any judicial power in relation to it. Jurisdiction is meant the authority which a court has to decide matters that are litigated before it or to take cognizance of matters presented in a formal way for its decision. When a court has jurisdiction to decide a dispute, the same cannot be taken away or ousted by consent of parties. Jurisdiction is a key question for the court which goes to the root of the case and decide the fate of matter either at preliminary stage or on merit. If any order passed without jurisdiction, it becomes nullity and not enforceable by law. Jurisdiction of Civil Courts and Suits of Civil NatureA Civil Court has got jurisdiction in respect of all civil matters except those of which tribunals are constituted under special statutes; and such tribunals have limited jurisdiction. Whenever the jurisdiction of the court is challenged, the court has inherent jurisdiction to decide the said question. There are different types of jurisdiction Civil and Criminal Jurisdiction Territorial or Local Jurisdiction Pecuniary Jurisdiction Subject Matter Jurisdiction Original Jurisdiction Appellate Jurisdiction Foreign Jurisdiction   A civil court has jurisdiction to try a suit if two conditions are satisfied: The suit must be of a civil nature The cognizance of such suit should not have been expressly or impliedly barred. A suit is of a civil nature if the principal question therein relates to a civil or legal right. If the principal or only question in the suit is a caste question or a question relating to religious rites or ceremonies, the suit is notof a civil nature for it deals not with the rights of the citizen but with matters that are purely social. A suit relating to a religious office is maintainable whether or not it carries any fees or whether or not it is attached to a particular place.   General Principles of Jurisdiction of Civil Court A civil court has jurisdiction to try all suits of a civil nature unless their cognizance is barred either expressly or impliedly. Consent can neither confer nor takeaway jurisdiction of a court. A decree passed by a court without jurisdiction is a nullity and validity thereof can be challenges at any stage of the proceedings, in execution proceedings or even in collateral proceedings. Every court has inherent power to decide the question of its own jurisdiction. A statute ousting jurisdiction of a court must be strictly construed. Burden of proof of exclusion of jurisdiction of a court is on the party who asserts it.   ConclusionA judgement passed by a court without jurisdiction is ultra vires or illegal which cannot be enforced. Civil Court has jurisdiction to entertain a suit of civil nature except when its cognizance is expressly barred or barred by necessary implication. Civil Court has jurisdiction to examine whether tribunal and quasi-judicial bodies or statutory authority acted within their jurisdiction. The general rule is that if the court rendering a judgement suffers from want of jurisdiction then its judgement is nullity and may be ignored. Therefore, the jurisdiction of Civil Courts cannot be ultimate or absolute, as the court has inherit powers to deal with the subject matter but in certain cases the enactment itself bars the jurisdiction.
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