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15th July 2022 (8 Topics)

Patna HC exceeded its jurisdiction: SC


The Supreme Court decided that the Patna High Court exceeded its jurisdiction.


Definitions of Jurisdiction:

  • Jurisdiction is the legal term for the authority granted to a legal entity to enact justice.
  • The extent of the power to make legal decisions and judgements.

High Courts of India:

  • The High Courts of India are the highest courts of appellate jurisdiction in each State and Union Territory of India.
  • 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.

These are the ten main types of the jurisdiction of Indian courts:

  • Pecuniary Jurisdiction: This jurisdiction is based upon the valuation of the subject matter of the suit.
  • Territorial Jurisdiction: It refers to the power of the court to inquire and proceed with the trial of a matter that is presented before it.
  • Subject Matter Jurisdiction: It is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, the bankruptcy court only has the authority to hear bankruptcy cases.
  • Exclusive Jurisdiction: It exists in civil procedure if one court has the power to adjudicate a case to the exclusion of all other courts.
  • Concurrent Jurisdiction: It exists where two or more courts from different systems simultaneously have jurisdiction over a particular case.
  • Appellate Jurisdiction: The power of the higher court to review the decision or change the result of the decisions made by the lower courts is called appellate jurisdiction.
  • Original Jurisdiction: A court's power to hear and decide a case before any appellate review.
  • Special Jurisdiction: It is the court's jurisdiction only on certain types of cases such as bankruptcy, and family matters.
  • Legal Jurisdiction: Jurisdiction is the power that a court of law or an official has to carry out legal judgments or enforce laws.
  • Extending Jurisdiction: Parliament may by law extend the jurisdiction of a High Court.

What determines the jurisdiction of a court?

  • A legal case's jurisdiction depends on personal and subject matter jurisdiction.
  • A court must have both subject matter jurisdiction and personal jurisdiction over the matter to hear a case.
  • Jurisdiction is important because if a court does not have jurisdiction over a case, it does not have the legal authority to pass judgment on the case.

Who has the authority to determine the jurisdiction of the court?

  • The Supreme Court has also a very wide appellate jurisdiction over all Courts and Tribunals in India.
  • It may discretion to grant special leave to appeal under Article 136 of the Constitution from any judgment, decree, determination, sentence, or order in any cause or matter passed or made by any Court.

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