In Dhulabhai v. State of Madhya Pradesh (1968), the Supreme Court laid down propositions on exclusion…
Dhulabhai (1968), decided by a Constitution Bench speaking through Chief Justice Hidayatullah, held that where a statute gives finality to the orders of special tribunals,…
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In Dhulabhai v. State of Madhya Pradesh (1968), the Supreme Court laid down propositions on exclusion of the jurisdiction of civil courts. Where a statute gives finality to the orders of special tribunals, when is the civil court's jurisdiction excluded?
Answer and explanation
Correct answer D
Dhulabhai (1968), decided by a Constitution Bench speaking through Chief Justice Hidayatullah, held that where a statute gives finality to the orders of special tribunals, "the Civil Courts' jurisdiction must be held to be excluded if there is adequate remedy" to do what the civil courts would normally do in a suit. It is not excluded in cases of non-compliance with the Act or departure from fundamental principles of judicial procedure. A finality clause is therefore neither absolute nor meaningless.
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