JURISDICTION OF CIVIL COURT AIR 1969 SC 78

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In Dhulabhai v. State of Madhya Pradesh, AIR 1969 SC 78, Hidayatullah, C.J., speaking for the Court on an analysis of the various decisions cited before the Court expressing diverse views, laid down as many as seven principles regarding exclusion of jurisdiction of civil court out of which at least two principles being germane to the controversy involved in this petition are excerpted below:

"(1) Where the statute gives a finality to the orders of the special Tribunal the civil court's Jurisdiction must be held to be excluded if there is adequate remedy to do what the civil courts would normally do in a suit. Such provision, however, does not exclude those cases where the provisions of the particular Act have not been complied with or the statutory Tribunal has not acted In conformity with the fundamental principles of judicial procedure.

(2) Where there is an express bar of the jurisdiction of the Court, an examination of the scheme of the particular Act to find the adequacy or the sufficiency of the remedies provided may be relevant but is not decisive to sustain the jurisdiction of the civil court."