Dhulabhai v State of Madhya Pradesh (1969)

CPC & Limitation Act · Transfer of Cases (ss.22–25)

Facts.

A challenge to the levy of sales tax was met with the plea that the special taxing statute barred the civil court’s jurisdiction.

Issue.

When does a special statute exclude the jurisdiction of civil courts under s.9?

Held.

The Court laid down guiding principles: exclusion must be explicit or clearly implied; even where a statute gives finality to a tribunal, the civil court can examine acts done in breach of the statute or of fundamental judicial procedure.

Why it matters.

The classic checklist for deciding express/implied bars under s.9 (Topic 3).

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