Jurisdiction of supreme court of india pdf. Jurisdiction of Supreme Court of India 2019-03-05

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Jurisdiction of Supreme Court of India

jurisdiction of supreme court of india pdf

Appellate Jurisdiction: The Supreme Court is the highest court of appeal in all civil and criminal cases. Under the principle of public interest litigation, the petition can be filed in the court not only by the aggrieved party but by any conscious person or organisation to seek relief on behalf of the aggrieved party. Such residuary power outside the ordinary law relating to appeals, is conferred upon the Supreme Court by Article 136. Thus the High Court, the District Judge and the Civil Judge have unlimited pecuniary jurisdiction. The whole of judicial administration is organised and run in accordance with the orders and rules of the Supreme Court. In the former case, the Court held that the functions and the duties of the Industrial Tribunal resemble that of judicial body although it is not a court having all the attributes of a court of justice.

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Jurisdiction of Supreme Court of India

jurisdiction of supreme court of india pdf

Method of Appointment of Judges: The judges of the Supreme Court are appointed by the President after consultation with some sitting Judges of the Supreme Court and the High Courts in the states. In civil cases, for instance, the special leave to appeal under Article 136 would not be granted unless some substantial question of law or general public interest is involved. In such a case the Supreme Court has to give its advisory opinion to the President. The Munsif West and Munsif East are in charge of the areas assigned to them. A similar role was assigned to the Federal Court according to Section 213 of the Act of 1935. The Supreme Court is concerned with wisdom.

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5 Important Jurisdiction of the Supreme Court of India

jurisdiction of supreme court of india pdf

In such cases, it is obligatory for the Court to give its opinion to the President. It again may, by law, make provision for conferring on the Supreme Court such ancillary powers as may be necessary to enable it to perform the functions placed upon it under the Constitution. Article shared by Jurisdiction in a wide sense means the extent of the power of the court to entertain suits, appeals and applications. Cases where an appeal can be made to the Supreme Court may be classified as below:- a Constitutional Cases: The Supreme Court can admit Ian appeal from all High Courts if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution. In its technical sense jurisdiction 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. In the first place, it has original jurisdiction with regard to matrimonial, testamentary, probate and company matters. Article 130 Seat of Supreme Court.

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Supreme Court of India: Organisation, Jurisdiction and Position

jurisdiction of supreme court of india pdf

Thus, the District Judge is in charge of the district and cannot exercise his power beyond that district. State of Maharashtra the accused charged for murder was acquitted by the Trial Court. Even in the absence of all these conditions the Supreme Court may grant special leave to appeal to any case decided by the High Court. In the latter case, the Court reiterated the same view and held that it possessed the overriding powers to interfere in a matter where a Court or Tribunal had dealt with a person arbitrarily or had not given a fair deal to the litigant. However in Kesavanand Bharati vs. Article 137 Review of judgments or orders by the Supreme Court.

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Jurisdiction

jurisdiction of supreme court of india pdf

If the High Court refuses to give the certificate, the Supreme Court may grant special 1 for appeal if it is satisfied that the case does involve such a question. The Supreme Court acts as the final interpreter and guardian of the Constitution. In civil matters also the Court can appoint an Advocate as amicus curiae if it thinks it necessary in case of an unrepresented party; the Court can also appoint amicus curiae in any matter of general public importance or in which the interest of the public at large is involved. While Supreme Court has power to punish for contempt not only of itself but also of high courts, subordinate courts and tribunals of the entire country. The West Bengal Government was the first to bring suit against Government of India in 1961 against the unconstitutionality of the Coal Bearing Areas Act 1957 before the Supreme Court. The Supreme Court has no original jurisdiction in disputes between individuals or between associations or local bodies. There are only two modes by which appeals in the criminal matters lie from the decision of a High Court to the Supreme Court, i.


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Original Jurisdiction Of The Supreme Court IAS Exam Preparation Indian Polity

jurisdiction of supreme court of india pdf

Moreover, an appeal may lie to the Supreme Court in any criminal case if the High Court certifies that the case is a fit one for appeal to the Supreme Court. According to Article 143, i the President of India is empowered to refer to the Supreme Court any question of law or fact of public importance. The Certificate of the High Court is necessary for appeals relating to civil, criminal and Constitutional matters,Such certificates can be granted by the high courts on their own or on the request of the parties,In some criminal cases, the accused can directly appeal to the supreme court in case of death sentence or Imprisonment of more than ten years. Article 140 Ancillary powers of Supreme Court. The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Article 132 1 , 133 1 or 134 of the Constitution in respect of any judgement, decree or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Constitution. In the enhanced jurisdiction we may refer to the appeals which can be taken to the Supreme Court under the representation of the People Act, Monopolies and Restrictive Trade Practices Act, Advocates Act, Contempt of Court Act, Customs Act,Central Excise and Salt Act, Terrorist Affected Areas Act 1984 and Terrorist and the Disruptive Activities Act, 1985. Each High Court has powers of superintendence over all Courts within its jurisdiction.

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Supreme Court of India

jurisdiction of supreme court of india pdf

The High Court reversed the order and convicted the accused of murder and sentenced him to death. Appellate Jurisdiction Supreme Court is the Highest Court of appeal and the writs and decrees of Supreme Court run throughout the country. Pathak Appellate Jurisdiction Art 132 of Supreme Court As a court of appeal, the Supreme Court is a final appellate tribunal of the land. Thus the opinion of the Supreme Court and not that of the High Court is final on the question of constitutional interpretation. Provisions for the Appointment of Ad hoc Temporary Judges: The Constitution provides for the appointment of ad hoc judges if at any time the number of judges available is not sufficient for the quorum to hold or continue any session of the Court, the Chief Justice of India, with the prior consent of the President, can request in writing the attendance of a High Court judge as an ad hoc judge in a session of the Supreme Court for a definite period. In civil matters after passage of the 30th Constitutional Amendment Act of 1972 where no constitutional question is involved , appeal could lie to the Supreme Court, if the High Court certified that any of the under-mentioned conditions were satisfied: i That the amount or the value of the subject matter of the dispute is not less than Rs.

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Original Jurisdiction Of The Supreme Court IAS Exam Preparation Indian Polity

jurisdiction of supreme court of india pdf

In that case the Supreme Court has power to issue directions or orders in the nature of writs of habeas corpus, mandamus, prohibition, quo-warranto, and certiorari or all of them for the enforcement of Fundamental Rights. Special Leave to Appeal: The Supreme Court can grant special leave of appeal against any judgement, decree, or order in any case decided by any court or tribunal in India. The President appoints the next senior-most judge of the Supreme Court as the acting-Chief Justice. Such cases may be criminal, civil, or other proceedings which should have a constitutional bearing on constitutional law in the opinion of the Supreme Court. Article 139 A Transfer of certain cases.

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Jurisdiction of the Supreme Court of India

jurisdiction of supreme court of india pdf

In case of contempt other than the contempt referred to in Rule 2, Part-I of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, the Court may take action a Suo motu, or b on a petition made by Attorney General, or Solicitor General, or c on a petition made by any person, and in the case of a criminal contempt with the consent in writing of the Attorney General or the Solicitor General. The jurisdiction of the Court can be kept in four categories, viz. The Supreme Court is thus expected to act as a balance-wheel in our federation. In the Election Commission vs. Hence, the interference of the Supreme Court with decisions not only of the High Courts outside purview of Articles 132 to 134 but also of other tribunals located within the territory of India may be indispensable. In criminal cases, an appeal lies to the Supreme Court if the High Court a has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or b has withdrawn for trial before itself any case from any Court subordinate to its authority and has in such trial convicted the accused and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or c certified that the case is a fit one for appeal to the Supreme Court.

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