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Civil Court Jurisdiction Cannot Be Completely Taken Away In Spite Of Bar If Jurisdictional Error Is Pleaded

In South Delhi Municipal Corporation vs. M/s Today Homes and Infrastructure Pvt. Ltd., the issue considered by the Apex Court was whether a civil suit is maintainable in disputes pertaining to payment of tax under the Delhi Municipal Corporation Act, 1957.

The Supreme Court bench observed that intendment of the legislature while enacting the Act was to exclude jurisdiction of civil courts. It held that Civil Court's jurisdiction, in this case, was impliedly barred. The court further observed that it is settled law that jurisdiction of the civil courts cannot be completely taken away in spite of either an express or implied bar. The civil courts shall have jurisdiction to examine a matter in which there is an allegation of non-compliance of the provisions of the statute or any of the fundamental principles of judicial procedure.

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