Court holds that banks can file recovery suits at Commercial Court notwithstanding that there is a landed property. PDF Extra-territorial jurisdiction of States Parties to the ... High Court is conferred with a vast, comprehensive and effective jurisdiction under the Constitution. Calcutta High Court - Home 16 Emphasis mine. IN THE HIGH COURT OF DELHI AT NEW DELHI. But this power must be used by the High Court in rare cases and sparingly. Reference to High Court in cases of doubt as to jurisdiction of Civil or Revenue Court— Provision has been made for the disposal by reference to the High Court of cases in which doubts may arise as to whether the Civil or Revenue Courts have jurisdiction, and for the registration in However, a High Court exercises its original civil and criminal jurisdiction only if the subordinate courts are not authorized by law to try such matters for lack of pecuniary, territorial jurisdiction. Court of Appeal Clarifies on Jurisdiction of High Court ... What is the territorial jurisdiction of a High Court? Nexus Between Territorial Jurisdiction and Cause of Action ... All the States have their respective High Courts, but in some cases, their maybe a single High Court for two or more states. Territorial Jurisdiction: Part cause of action shall be ... It also has power to transfer the cases from other subordinate courts in the state to itself. This jurisdiction changes only if the Parliament creates a High Court for two or more states (e.g. Jurisdiction of Courts in India, types of jurisdiction of e High Court is the court of appeal and has supervisory jurisdiction over all lower courts and tribunals in the State / Union Territory over which it has territorial jurisdiction. TERRITORIAL JURISDICTION OF CIVIL COURTS. Erode. Download High Court notes PDF for UPSC 2022. jurisdiction is the authority over the subject of the legal questions given rise to the proceedings. This is the territorial jurisdiction of a High Court. Territorial jurisdiction Territorial jurisdiction means the geographical area within which a given court can exercise its powers. Subject to law and the constitution, and where no other adequate remedy is provided by law, the High Court in its constitutional jurisdiction, inter-alia, may make an order. as determined by the High Court was to be accepted, the appeal would lie before the High Court and not the District Court. High Court of India - There are 25 High Courts in India (Andhra Pradesh High Court is the newest.) Principal District Court, Erode. Territorial jurisdiction of High Court 1. In principle, if a . Arup Parimal: The Bombay High Court's Conflicted Position 16 of 1999 relating to territorial jurisdiction led to the decision of Dhodha House & Patel Field Marshal Industries v.S.J.Maingi & P.M.Diesel Ltd. (2006(32) PTC 1 . All civil suits go before District Courts, and only appeal lies before High Court Territorial Jurisdiction: II Additional District Court, Erode. v 1981 SCMR 494. 4) 576. The Jurisdiction of the High Court Division. Territorial Jurisdiction - can be filled in the High Court within whose jurisdiction the cause of action arises, and the High Court has authority to give the order to the respective government body. This Court observed: "17. Territorial Jurisdiction. Article 226(1) and (2) of the Constitution of India reads as under : "226. Certain constitutional matters are reserved for exclusive jurisdiction of this court. The jurisdiction of the High Court is limited to the territorial jurisdiction of the State(s) of which it is the High Court. (a) 21, 7(b) 18, 7(c) 25, 7(d) . . The jurisdiction of a High Court is restricted to territorial boundaries of the state. Ordinary residence connotes occasionally or temporary residence. of West Bengal and printed at Saraswaty Press Ltd. (Government of West Bengal Enterprise), Kolkata 700 056. 5. High Court is the 'Highest Judicial Court' in an Indian State and all other Courts of the State work under it. The power of the High Court is not unlimited to have unnecessary control over subordinate courts. To arrive at this conclusion, the Court relied upon Sections 177 to 179 of the Code of Criminal Procedure, 1973 [5] (for short, "CrPC"). Furthermore, the Parliament has been empowered to extend or curtail the jurisdiction of a high court over a Union Territory. Name of the District. It is seen from the above that in order to confer jurisdiction on a High Court to entertain a writ petition or a special civil application as in this case, the High . Supervisory Jurisdiction Under Article 227 of the Indian Constitution, the High Courts have been provided the power of superintendence over all the subordinate courts and tribunals within its territorial jurisdiction. non-metropolitan areas). the supreme court can issue writs against a person or government throughout the territory of india whereas a high court can issue writs against a person residing or against a government or authority located within its territorial jurisdiction only or outside its territorial jurisdiction only if the cause of action arises within its territorial … It was in this background that this Court held that Territorial Jurisdiction of District Courts and Sub Courts. Name of the Court. The power of the High Court is not unlimited to have unnecessary control over subordinate courts. It has to supervise all the courts and tribunals in a state that come under its territorial jurisdiction. Chief Judge of Malaya. jurisdiction of the High Court, it would have jurisdiction to issue a writ. seats and the areas of jurisdiction of the High Courts referred to in the First Schedule would, subject to any alteration by notice contemplated under s 2, remain as they were immediately before the commencement Interim Rationalisation Act. Section 320 CPC - Preliminary Issue- Territorial Jurisdiction. Principal District Court, Erode. the Supreme Court was faced with a similar issue as to whether the Madras High Court will have the jurisdiction to entertain an . Territorial Jurisdiction of District Courts and Sub Courts. The decision in Satvinder Kaur v. Subject matter, Pecuniary and Territorial. High court has the power of superintendence over all courts and tribunals within its territorial jurisdiction except military courts or tribunals. For High Courts in India, their territorial jurisdiction is confined to the boundaries of their respective state or states and union territories. Erode. Constitutional Court: The highest court on all constitutional matters. 30. It is seated in Johannesburg and matters are heard by at least 8 judges. clause (2) of article 226 of the constitution of india reads thus: "(2) the power conferred by clause (1) to issue directions, orders or writs to any government, authority or person may also be exercised by any high court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the … The Court held that it had jurisdiction to put into effect a . Therefore, High Courts have narrower territorial jurisdiction as compared to the Supreme Court. 17 Inua v. Nta [1961] All NLR (Pt. Chief and Regional Magis.- The High Court also has the power to examine record of proceedings transmitted to it by the Subordinate Courts on any question, which arises as to the effect . SECTION 20 OF C.P.C. However, Article 231 also mentions that there can be a common High Court for two or more States or for two or more states and a union territory. Last Updated on 2 years by Admin LB Overview : Jurisdiction of High Courts in India Introduction: Jurisdiction of High Court Original Jurisdiction Writ Jurisdiction Territorial jurisdiction Public Interest Litigation Relationship between Article 32 and 226 Cases involving the question of law Appellate Jurisdiction Supervisory Jurisdiction Scope of Article 227 Power of Review Conclusion This . Published by Judicial Department, Govt. Territorial jurisdiction refers to power of the court to inquire and proceed with the trial of matter that is presented before it. The court observed that there are precedents which suggest that at the stage of investigation, it cannot be said that the concerned police station does not have territorial jurisdiction. March 6, 2020. In other words the question whether a High Court has territorial jurisdiction to entertain a writ petition must be answered on the basis of the averments made in the petition, the truth or otherwise whereof being immaterial. 'Territorial jurisdiction' has become a burning issue recently before the Supreme Court and High Courts. This limit is decided by respective High Court Rules. For example, only the H igh Court of a State in Nigeria has jurisdiction over the subject . Name of the District. The jurisdiction of a High Court is restricted to territorial boundaries of the state. v AIR 1926 PC 88. v 1970 PLD SC 273. Jurisdiction classified into three categories, viz., (1) jurisdiction over the subject-matter; (2) territorial jurisdiction; and (3) pecuniary jurisdiction. Territorial Jurisdiction. [1] SECTION 438, CRIMINAL PROCEDURE CODE . Bombay High court's jurisdiction extends to Dadra, Diu and Daman). On the other hand, the territorial jurisdiction the Supreme Court extends to the whole India. According to Article 214, each state of India shall have a High Court. I Additional District Court, Erode. Original jurisdictions - in writ, company, Admiralty matters etc. it reads, "notwithstanding anything in article 32, every high court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases any government, within those territories directions, orders or writs including writs in the nature of habeas corpus, … This power of the high court does not extend to the armed forces tribunal. In many states High court has no pecuniary jurisdiction. Each High Court and the Judges and divisional courts thereof shall sit at its principal seat and the seats of its Benches and may hold, at any place within its territorial jurisdiction, circuit courts consisting of such of the Judges as may be nominated by the Chief Justice. The High Court has unlimited original jurisdiction in all matters and such appellate and other jurisdiction as may be conferred on it by this Constitution or other law (see Article 139 (1) of The Constitution of the Republic of Uganda, 1995). The territorial jurisdiction has been conferred on civil courts by the Civil Procedure Code ("the CPC") within whose jurisdiction: The immovable property as the subject matter of the suit is situated, The cause of action arises, The defendant (s) actually and voluntarily resides, The defendant (s) works for personal gains, The term "local jurisdiction" is defined under Section 3 of the Courts Judicature Act 1964 to mean (a) in respect of the High Court in Malaya, all territory in the Peninsular (West Malaysia), whereas (b) the High Court in Sabah and Sarawak covers all of the territory in East Malaysia. Karan Mahendru & Anr. This is the territorial jurisdiction of a High Court. Article 226 empowers the High Court to issue a writ in its local jurisdiction only. The High Court Division has original, appellate and other jurisdictions, powers and functions as are conferred by the Constitution and other laws-. Under the Section 27 of the Courts of Judicature Act 1964 [Act 91], the appellate civil jurisdiction of the High Court shall consist of the hearing of appeals from the Subordinate Courts. The following is brief descrip tion of the law on territorial jurisdiction. The . But this power must be used by the High Court in rare cases and sparingly. The High Court - Procedures, Jurisdiction, and Types of Cases. Court of Appeal Clarifies on Jurisdiction of High Court. In 11-8-1947 a separate High Court of Punjab was created with its seat at Simla under the Indian Independence Act, 1947 which had jurisdiction over Punjab, Delhi and present Himachal Pradesh and Haryana. Magistrate Courts Act POWER in terms of max.punishment and fine in criminal cases or damages in civil cases 1. territorial jurisdiction matters within its district Pecuniary jurisdiction section 30- civil claims not exceeding i. Court of Record The decision in Khajoor Singh has, thus, no application. ere are 25 High Courts covering the 29 States and 7 Union Territories of India. Recognizing that the execution of awards is governed by the Code, they hold that an execution application would not be maintainable before a 2(1)(e) Court when it lacks territorial jurisdiction. Superior Courts Act: Determination of areas under jurisdiction of divisions of High Court of South Africa Section 26 of the Courts of Judicature Act 1964 [Act 91] provides the High Court the power to hear appeals from the Subordinate Courts according to any law for the time being in force within the territorial jurisdiction of the High Court. With territorial jurisdiction, A District Court has jurisdiction within the district in which it is situated, and a court of a resident magistrate has jurisdiction in the region within which it is situated. e High Courts of Bombay, Delhi, Calcutta, Madras and The conflicting decisions of Allahabad High Court in Civil Appeal No. Courts Jurisdiction. Jurisdiction is a creature of statute and parties cannot by agreement or otherwise confer jurisdiction upon the Court. It comes next to the Supreme Court of India. involved in the case. The territorial jurisdiction of each division of the High Court is determined by a hybrid of sources, being the Constitution, the common law, the High Court's inherent jurisdiction, the Superior Courts Act 10 of 2013, and various statutes, including PAJA. I Additional District Court, Erode. action within the Court's territorial jurisdiction unless those facts are such which have a nexus or relevance with the lis i.e. high Court is the highest judiciary court of a state. . Organization of a High Court: . The High Court is the supreme judicial body in a state. Notices were subsequently issued under s 2. The High Court has jurisdiction to try all civil proceedings where the cause of action arose or where the defendant resides or has his place of business or where the facts on which the proceedings are based exist or are alleged to have occurred. (227) Topics: Jurisdiction of High Courts in Indian States « The appellant was a company registered under the Indian Companies Act. This piece intends to explore the law regarding the territorial jurisdiction of a High Court to issue writ under Article 226 of the Constitution.Article 226 Before Its Amendment Firstly, the. Third thing, the territorial jurisdiction of the High Courts is limited to the extent granted to it by the Parliament, which is generally limited to one or combination of states and Union Territories. The court considered to interpret Section 177 CrPC (Ordinary Place of Inquiry or Trial) and 178 CrPC (Place of Inquiry or Trial). High Courts function as the highest civil courts in states and have original jurisdiction over matters designated specifically in a state or federal law. 1. The territorial jurisdiction of a high court is co-terminus with the territory of a state. Partial cause of action : Although in view of S. 141 of the Code of Civil Procedure the provisions thereof would not apply to a writ proceedings, the phraseology used in S. 20 (c) of the Code of Civil Procedure and Cl. The aggrieved petitioner approached this Court.Allowing the appeal and reversing the decision of the High Court, this Court held that the High Court of Madras had no territorial jurisdiction to entertain the petition.Speaking for the Court, Patanjali Sastri, C.J. Over the subject-matter: It means that the court has the authority to hear the type of case or controversy initiated in its court. Jurisdiction of every court is on three counts i.e. Case Law, Territorial jurisdiction of Civil Courts. Certain courts prohibited from trying suits of . For High Courts in India, their territorial jurisdiction is confined to the boundaries of their respective state or states and union territories. It is to be noted that the issue of jurisdiction related to this provision has not yet been settled by the Supreme Court. ) 2167/1996 or tribunals details like the salary, jurisdiction and eligibility of a Court. Territories of India shall have a High Court will have the jurisdiction of also. 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