What is jurisdiction in Indian law?
What is jurisdiction in Indian law?
In simple words jurisdiction can be defined as the limit of judicial authority or the extent to which a court of law can exercise its authority over suits, cases, appeals and other proceedings. In such cases civil suits should be instituted by the aggrieved persons.
How is jurisdiction determined in a court case in India?
Section 6 of the CPC defines the Pecuniary Jurisdiction. This jurisdiction is based upon the valuation of a subject matter of the suit. For Example: If a dispute arises on the partition of the ancestral property between A and B, the suit property is situated in Shirur, Pune.
What are the 3 types of jurisdiction?
There are three types of jurisdictions:
- Original Jurisdiction– the court that gets to hear the case first.
- Appellate Jurisdiction– the power for a higher court to review a lower courts decision.
- Exclusive Jurisdiction– only that court can hear a specific case.
Can a federal court have jurisdiction in Indian country?
Jurisdiction is also granted, though not exclusively, to tribal courts over non-major crimes by Indians against non-Indians. In these cases, federal courts also have jurisdiction through the General Crimes Act, so jurisdiction is shared. Tribal courts have exclusive jurisdiction in civil cases against any Indian in Indian country.
How does extra territorial jurisdiction work in India?
Extra-territorial Jurisdiction: Indian Courts are empowered to try offences committed out of India on Land: Under the Sections 3 and 4 of the Indian Penal Code and Section 188 of the Criminal Procedure Code, local Courts can take cognizance of offences committed beyond the territories of India.
Where does appellate jurisdiction come from in India?
It refers to the authority of a court to rehear or review a case that has already been decided by a lower court. Appellate jurisdiction is generally vested in higher courts. In India, both the High Courts and the Supreme Court have appellate jurisdiction to hear matters which are brought in the form of appeal before them.
Which is the first case of jurisdiction in India?
A 1921 Calcutta High Court judgment in the case of Hriday Nath Roy v. Ram Chandra sought to explain the meaning of the term ‘jurisdiction’ in a great detail. The bench observed: