Home  /  Motor Vehicles Act  /  Section 94

Section 94: Bar on jurisdiction of Civil Courts

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988
Section 93 All 217 Sections of Motor Vehicles Act Section 95

Legal Commentary & Landmark Judgments: Section 94

Section 94 of the Motor Vehicles Act, 1988 imposes an express statutory bar ousting the jurisdiction of civil courts over any matter relating to the grant, refusal, suspension, or cancellation of transport permits, entrusting exclusive jurisdiction to Transport Authorities and the STAT.

  • Express Statutory Bar on Civil Suits: Section 94 expressly commands that no civil court shall have jurisdiction to entertain any suit or proceeding questioning any action taken or order passed by a Regional or State Transport Authority or the State Transport Appellate Tribunal under Chapter V.
  • Absolute Ouster of Injunction Powers: Civil courts are statutorily prohibited from granting any temporary or perpetual injunction in respect of any action taken or to be taken by Transport Authorities in pursuance of any power conferred under the permit regime.
  • Self-Contained Statutory Hierarchy: The Motor Vehicles Act creates a complete, specialized statutory hierarchy providing for applications, public representations, appeals under Section 89, and revisions under Section 90, which completely displaces the general jurisdiction of the civil courts under Section 9 of the CPC.
Key Landmark Precedents:
  • Dhulabhai v. State of M.P. AIR 1969 SC 78: The landmark 5-Judge Constitution Bench ruled that where a special statute creates rights, liabilities, and an exhaustive appellate machinery, granting finality to orders of specialized tribunals, the jurisdiction of civil courts is barred by necessary implication.
  • Premier Automobiles Ltd. v. Kamlekar Shantaram Wadke (1976) 1 SCC 496: The Supreme Court held that where a statute creates a special right and provides a specific machinery for its enforcement, the jurisdiction of civil courts is completely ousted and civil suits cannot be entertained.
Courtroom Practice & Strategic Litigation Guidance:

If a rival bus operator or competitor files a civil suit seeking an injunction against the operation of your client's stage or contract carriage permit, immediately file an application under Order VII Rule 11 of the CPC invoking Section 94 of the Motor Vehicles Act. The civil court is bound to reject the plaint at the threshold for complete absence of subject-matter jurisdiction.

Section 93 All 217 Sections of Motor Vehicles Act Section 95