Presumption of Civil Court Jurisdiction and Specific Statutory Ouster

Civil Courts inherently possess plenary jurisdiction to entertain and try all suits of a civil nature unless their jurisdiction is expressly or impliedly barred by a specific statutory provision. The exclusion of a Civil Court's jurisdiction is never to be readily inferred or assumed lightly; rather, any statutory clause seeking to oust such jurisdiction must be construed strictly and confined strictly to matters where the statutory tribunal has been expressly granted power to decide and provide adequate relief. In the scheme of the Waqf Act, 1995, the ouster of Civil Court jurisdiction under Section 85 is not absolute, all-pervasive, or omnibus across all civil matters. It applies strictly and exclusively to those specific disputes, questions, or matters that are expressly required by or under the statutory provisions of the Act to be determined by the Waqf Tribunal. So long as a dispute or question raised before a Civil Court does not fall squarely within the explicit four corners of the statutory powers and jurisdiction conferred upon the Waqf Tribunal, the jurisdiction of the Civil Court to entertain and adjudicate the suit remains intact. (Habib Alladin & Ors. v. Mohammed Ahmed | 2026 INSC 90)