Dec 29, 2017
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What are the Different Types of ‘Jurisdiction of a Court’ in India?

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Types of ‘Jurisdiction of a Court’ in India

Introduction

Jurisdiction means the extent of the power of the court to entertain and also try suits, appeals and applications. In its technical sense, it means the extent of the authority of a court to administer Justice not only with reference to the subject-matter of the suit but also to the local and pecuniary limits of its jurisdiction.

Administration of justice is the most important function of the state. For this purpose our constitution has set up a various classes of courts. The Supreme Court is the apex body, followed by 21 High Courts which have been created by the constitution of India, and their jurisdiction and powers are well defined in the constitution itself. Apart from the Supreme Court and High Courts, the following criminal courts have been described under section 6 of Criminal Procedure Code, 1973:-

1. Court of Session

2. Judicial Magistrate of first class and, in any metropolitan area metropolitan magistrates

3   Judicial Magistrates of Second Class

4    Executive Magistrates

The ‘Indian courts’ is a bouquet of Web Sites of the Supreme Court and all 21 High Courts and their Benches in India. It provides a single point access to information related to the Supreme Court and any High Court in India. The Web Sites of the Supreme court and High Courts provide Litigant centric dynamic information like Judgments, Causelists, Case-status, etc. as well as static Information such as History, Jurisdiction, Rules, Past and present judges, etc.

Indian courts, Official site, Retrieved on 29th December, 2017

Types of ‘Jurisdiction of a Court’ in India

Jurisdiction classified into three categories, viz., (1) jurisdiction over the subject-matter; (2) territorial jurisdiction; and (3) pecuniary jurisdiction.

1. Over the subject-matter:

It means that the court has the authority to hear the type of case or controversy initiated in its court. Certain courts prohibited from trying suits of particular classes by status. Thus, a small cause court can try  suits for money due on account of an loan or under a bond or promissory note, a suit for price of work done, etc. It has no jurisdiction to try suits for specific performance of contracts for a dissolution of partnership, for an injunction or suits relating to immovable property.

2. Territorial :

Every court has its own limits, fixed by the State Government, beyond which it cannot exercise it. Thus, the District Judge is in charge of the district and cannot exercise his power beyond that district. The High Court has it over the whole territory of the State. Supreme court has  over whole country.

3. Pecuniary :

There are a large number of civil courts of different grades having jurisdiction to try suits or hear appeals of different amounts or value. Some of these courts have unlimited pecuniary jurisdiction. Thus the High Court, the District court and the Civil court have unlimited pecuniary jurisdiction. Other courts have only a limited. Further, small cause court has limited. A small Cause Court Judge also exercises a limited.

4. Original or Appellate 

The jurisdiction of a court may be Original and also Appellate. In the exercise of its original jurisdiction a court entertains original suits, while in the exercise of its appellate jurisdiction it entertains appeals. The Munsifs court and the court of small causes have only original jurisdiction; the District Judge’s court and the various High Courts have both original and appellate jurisdiction.

 

 

Article Categories:
Criminal law

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