What is high court in india. High Courts in India 2022-10-12
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The High Court is a court of law in India that has the power to hear appeals from lower courts and to issue writs for the enforcement of fundamental rights and the enforcement of orders of lower courts. The High Court is the highest court in the state or union territory in which it is located, and it has jurisdiction over all civil and criminal cases within its jurisdiction.
The High Court is established by the Constitution of India, which provides for the establishment of High Courts in each state and union territory of India. The High Court consists of a Chief Justice and such other judges as the President of India may from time to time appoint. The Chief Justice of a High Court is appointed by the President of India after consultation with the Chief Justice of India and the Governor of the state in which the High Court is located.
The High Court has the power to issue writs for the enforcement of fundamental rights, as well as for the enforcement of the orders of lower courts. These writs include habeas corpus, mandamus, prohibition, quo warranto, and certiorari. The High Court also has the power to hear appeals from the judgments of lower courts, including the district courts and the sessions courts.
The High Court has original jurisdiction in certain cases, such as cases involving the interpretation of the Constitution of India or cases involving disputes between two or more states. In addition, the High Court has the power to transfer cases from one court to another, and it can also transfer cases from one High Court to another.
The High Court plays a crucial role in the administration of justice in India. It serves as a check on the powers of lower courts and ensures that the rights of individuals are protected. It is an important institution in the legal system of India, and its decisions have a significant impact on the lives of people in the state or union territory in which it is located.
Hierachy of courts in India : Overview and Analysis
A decree is drawn as per the Judgement pronounced. Candidates can know the powers and function of a High Court , at the linked article. Article 127 1 of the Indian Constitution deals with the appointment of ad hoc judges. Senior Civil Judge Court, Principal Junior Civil Judge Court and Junior Civil Judge Court are the Subordinate Courts in civil cases. The court may, on hearing the final arguments and on critically examining the evidence, pass a judgement or fix some other day for pronouncing the judgement. He can also vacate the office of the Court when the President appoints him as the judge of the Supreme Court.
If the victim has been deceived by telecommunication messages or by means of letters or if any offence committed includes cheating then the trial of the court has been commenced where the messages or letters have been sent or received and under the local jurisdiction of the court where the property has been received by the accused person or where the property has been delivered by the person deceived. A detailed procedure followed is as follows: 1. It also deals with matters pertaining to posting promotion, grant of leave, transfer and discipline of the members there in. Â The common tradition law system is followed in England and this system is followed in the colonized countries of England also. The Indian legal system was majorly influenced by the local customs and the religion.
In this regard it appoints officers and servants to be made by Chief Justice or such other judge of High Court as the Chief Justice may direct. Each High court exercises the power, functions, jurisdiction conferred on it by various statutes. When the office of the Sessions Judge left vacant due to some reasons then the High Court has the power to do arrangements for the disposal of any urgent case. But, according to the Constitution of India, the judiciary is independent of the legislative and executive organs of the Government. Article 262 of the Indian Constitution prohibits the Supreme Court from hearing the issues related to inter-state riparian disputes and power of special leave petition granted to the Supreme Court has been frequently used to prevent this bar. The registry conducts close scrutiny of the presented pleadings and ensures that the pleadings have no defects. The High Court in India gets vested with the powers to deal with appeals in civil and criminal cases and has original jurisdiction.
Â The Supreme Court is the highest court of appeal for entertaining civil cases and these cases can not be filed directly in the Supreme Court, the appeal can be filed against the order of the High Court but in case of infringement of the fundamental rights one can directly approach to the Supreme Court. In case of certain offences, Section 181 of the CrPC provides provisions for the place of trial for such offences. The High Court appoints the judge of Session Court. Thereby, making the Calcutta High Court the first High Court of the country. Section 15 of the CPC provides that the suit for the offence firstly have to be instituted in the Court of the lowest grade competent for the trial. There are many additional courts of Additional Civil Judge senior division. Appeal by the Accused If the complainant has filed the complaint, the accused has the right to file an appeal against the complaint about acquittal seeking leave to file an appeal.
The Article III court is followed in various countries. There are second type of court system in various countries which may include the Bankruptcy Courts, Tax courts, Magistrate courts, Court of Veterans Appeals and the Court of Military. If the High Court refuses such an application, then no further appeal can get filed. The case can be disposed of itself or solve the question of law and return back to the same court. The State Government is empowered to give charge of a sub-division to the Executive Magistrate.
But the Supreme Court can only advise on that issue, that opinion is not binding on the President. The Bombay and Madras High Courts were also established in the same year. Power of Certification A High Court alone can certify the cases fit for appeal before the Supreme Court. District Court and Additional District Court The State Government in India has established the District Courts in every district by considering the number of cases and populationÂ in that district. The constitution of the district court depends upon the discretion of the state government of that state or union territory. The High Court can appoint the Sessions Judge of one division to be an Additional Sessions Judge of another division.
Courts in the federal system work differently in many ways than state courts. The law is interpreted by the judiciary but the judiciary cannot make the law. Article 50 of the Indian Constitution ensures the separation of powers of the judiciary from the executive. They have the power to examine the legislative enactments and executive orders whether they are consistent with the provisions of the Constitution or not. It has also expanded the Constitution through inference of its original provisions. The Magistrate Courts are considered as the primary trial courts.
Replication can be filed by the party instituting the suit as a reply to the response filed by the opposite party. The allowances of Such judges are determined by the president. In this regard it is considered as a special function as the Supreme Court has no similar power vis a vis the High Court. The High Court of Chhattisgarh is the largest High Court of Asia. There are four types of Courts in India, i.