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august 1986

Supreme Court of India · 1986-08-11

ANWAR vs IST ADDITIONAL DISTRICT JUDGE,BBULANDSHAHR & ORS.

Citation / case number
SC 1986/69790
Court
Supreme Court of India
Petitioner
ANWAR
Respondent
IST ADDITIONAL DISTRICT JUDGE,BBULANDSHAHR & ORS.
Author
E.S. VENKATARAMIAH
Bench
E.S. VENKATARAMIAH

Judgment text excerpt

The Supreme Court held that a civil suit for injunction restraining the Hearing Authority under Section 68-D of the Motor Vehicles Act, 1939 is not maintainable as the jurisdiction of civil courts is impliedly barred. The Court emphasized that the jurisdiction conferred on the Hearing Authority is exclusive, and civil courts can only examine compliance with statutory provisions, not the merits of the case. The petitioner's suit was dismissed as it did not disclose a cause of action and was rightly rejected under Order 7 Rule 11 of the Code of Civil Procedure.

ANWAR vs IST ADDITIONAL DISTRICT JUDGE,BBULANDSHAHR & ORS. · Niyam