What Is the Pecuniary Jurisdiction of District Courts in India

In Hirday Nath Ray v. Ramachandra Sarma, AIR 1929, the Supreme Court of Calcutta defined the term “jurisdiction” – as “the power with which a court must decide the issues that are heard before it or take note of the issues that have formally submitted its decision.” Later, in Official Trustee vs. Sachindra Nath Chatterjee – the three Supreme Court justices who relied on the case of Hirday Nath Ray – stated that a court must not only have jurisdiction to hear the lawsuit, but must also have the power to issue the requested order. How does a change in the law help? The amendment to the Delhi High Court Act 1966 will reduce the workload and pending cases before the High Court. This will bring the judiciary closer to litigation and reduce the cost of litigation, as the cost of hiring a district court prosecutor is much lower than the cost of hiring a Supreme Court attorney. Some criminal or civil cases cannot be heard by a court below the district court. The District Court is therefore initially competent for these cases. What is the current state of financial jurisdiction with respect to civil ligation at HC? Six of the 60 supreme court judges are responsible for deciding civil actions on the original side. HC`s initial financial responsibility was initially over Rs 25,000, which was later increased to Rs 50,000, Rs 1 lakh, Rs 5 lakh and finally to Rs 20 lakh in 1970, 1980, 1992 and 2003. And if real estate falls under the jurisdiction of various courts, in such a case, the action can be brought in any court within the local boundaries, whose jurisdiction is part of the property. Article 6 of the CPC defines financial responsibility.

That jurisdiction depends on the assessment of the subject-matter of the action. Similarly, subsection 5(2) of the CPC defines the Tax Court, which deals with matters of Crown property revenues. The Board of Revenue hears final appeals against all subordinate tax courts, as tax courts are not civil courts. The Tax Court deals primarily with the resolution of disputes relating to non-payment of land income, disputes between farmers, upper boundaries of land, lease laws, farmers and other facts relating to these matters. 3. Other cases: When we consider matrimonial disputes, the territorial jurisdiction of the Court is taken into account for the following reasons: However, the district judge exercises control over the additional and substitute district judges, including decisions on the division of labour between them. The district and session judge is often referred to as a “district judge” when presiding over civil cases and a “session judge” when presiding over criminal cases. [2] As the highest judge at the district level, the district judge also has the power to administer public funds allocated to the development of the judicial system in the district. The district courts of India are the district courts of the state governments in India for each district or for one or more districts together, taking into account the number of cases, the distribution of the population in the district. They administer the judiciary in India at the district level. The judges of the lower courts are appointed by the Governor in consultation with the President of the Supreme Court of the State concerned. A lawyer of at least seven years is a necessary qualification to enter directly into the district judiciary After a written examination and hearing by a committee of Supreme Court judges, the appointment of district judges is communicated by the state government.

This is called direct recruitment. District judges are also appointed by the elevation of judges of courts subordinate to district courts, provided that they reach the minimum years of service, but unfortunately, initial reviews of district judges have led judges in the lower echelons of the judiciary to become lax, as their chances of filling positions for the work they do may never lead to promotions, since subsequent positions of lawyers are directly filled to become district judges. The Civil District Court is tried by the District and Session Judge. In addition to the State High Court, it is the main court of the civil court of origin, which derives its jurisdiction in civil matters mainly from the Code of Civil Procedure. The District Court is also a hearing court if it exercises jurisdiction in criminal matters under the Code of Criminal Procedure. The District Court is presided over by a District Judge appointed by the Governor of the State on the advice of the President of that Supreme Court. In addition to the district judge, there may be a number of additional district judges and associate district judges, depending on the workload. The additional district judge and the court have the same jurisdiction as the district judge and his district court. [1] How many high courts have the original civil jurisdiction? Only four of the country`s 24 HCs: HC Mumbai, Kolkata, Madras and Delhi.

In these four cities, an upper limit has been set for the financial jurisdiction of the district courts. The origin of the original civil court dates back to 1908 and article 6 of the Code of Civil Procedure. One of the arguments put before the Standing Committee of Parliament by the District Courts Bar Association was that while NCR cities such as Gurgaon, Noida and Faridabad have unlimited financial jurisdiction, Delhi, even with higher county rates, has a limit of Rs 20 lakh. Why is the Delhi Supreme Court Bar Association rejecting this decision? He argues that the High Court Commercial Division Bill 2009, when passed by Parliament, will give each High Court initial jurisdiction to hear commercial cases worth more than Rs 1 crore. Giving the original page of the Delhi Supreme Court to district and civil courts under the pretext of strengthening jurisdiction will stand in the way of the proposed law. What is the situation in other countries? The financial jurisdiction of the Bombay High Court was revised to Rs 1 crore in 2012; However, the court retains jurisdiction over certain issues such as those related to intellectual property rights, patent letters, Parsi marriage and divorce, etc., even if the valuation of the lawsuits is less than Rs 1 crore. The jurisdiction of the Supreme Court of Calcutta was revised from Rs 10 lakh to Rs 1 crore in 2013; However, together with the civil courts of the city of Calcutta, the HC has jurisdiction over civil actions whose rating exceeds Rs 10 lakh but is less than Rs 1 crore. The financial jurisdiction of the Madras High Court was increased to Rs 25 lakh in 2010.

The District Court of India is established by the State Government of India for each district or more than one district, taking into account the number of cases and the distribution of the population in the district. These courts are under the administrative control of the Supreme Court of the State to which the district in question belongs. The District Court is headed by a district judge appointed by the state government. In addition to the District Judge, there are many additional District Judges and Associate District Judges, depending on the workload. In each state, in addition to the Supreme Court, there are a number of courts that exercise justice. These courts are under the full control and supervision of the High Court. A State has exclusive legislative jurisdiction to determine the constituent organization and territorial jurisdiction of all courts under the Jurisdiction of the Supreme Court. The organization of subordinate coyrts throughout the country is generally uniform. In each district, there are two types of courts; (i) Civil Courts (ii) Criminal Courts If we consider the above table of financial jurisdiction in Maharashtra with the exception of Mumbai, the following points should be taken into account when bringing the civil action: If we now see the identification of jurisdiction for e-commerce disputes, then the traditional approach to jurisdiction invites a court to ask whether it is the territory, financial or material jurisdiction to deal with the dispute before it. With the Internet, the question of “territorial” jurisdiction becomes complicated, especially because the Internet is borderless.

Thus, while within a country there are no borders between one region and the other, there are also no borders between countries. The district judge is also known as a “metropolitan session judge” when presiding over a district court in a city designated by the state as a “metropolitan area.” .