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BAR ON JURISDICTION

One test is whether the special statute which excludes such jurisdiction has used clear and
unambiguous words indicating that intention. Another test is: Does the said statute provide for an
adequate and satisfactory alternative remedy to a party that may be aggrieved by the relevant order
under its material provision?24

The exclusion of Civil Court's Jurisdiction should not be readily inferred. The statute ousting
jurisdiction of Civil Court must do so in express terms or by use of such terms as would necessarily
lead to such inference.27

An existence of special remedy under special statute does not necessarily oust the jurisdiction of civil
Court to entertain the suit.29

Provision excluding jurisdiction of civil court should be construed strictly and the burden to prove
such exclusion lies on party who raises such contention.33

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