Indian Courts and Jurisdiction: How to find a suitable court?

Find the Indian Courts and Its Jurisdiction

Indian Courts and Jurisdiction: The Supreme Court has original jurisdiction, appellate, and advisory in the first place. Its exclusive original jurisdiction includes disputes between the Center and the State(s) as a matter of fact. Or between the State and matters concerning the enforcement of the fundamental rights of individuals in like manner.

Supreme Court

Appellate jurisdiction of the Supreme Court may be called by a certificate issued by the High Court. It is concerned in respect of the judgment, decision, or final orders of the High Court. It is in both Civil and Criminal cases, involving large questions of law concerning the interpretation of the constitution. Supreme Court decisions are binding on all courts/courts in this country and act as an advantage to the lower courts.

Under Art 141 of the Constitution, all the courts in India are bound to follow the decision of the Supreme Court as a legal requirement.

High Court

The High Court has jurisdiction over the United States where they are located. There are currently, 23 High Courts in India. However, the following three High Court has jurisdiction over more than one state. They are Bombay (Mumbai) High Court, Guwahati High Court, and the Punjab and Haryana High Court.

For example, the Bombay High Court is located in Mumbai, capital of Maharashtra state.

However, its jurisdiction includes the States of Maharashtra, Goa, and the UT of Dadra and Nagar Haveli. Especially, the High Court may exercise jurisdiction only writ and appeal. But some of the High Court has original jurisdiction and can try on clothes. The High Court decision is binding on all the lower courts of the State in which it has jurisdiction.

District court

District Court in India taking care of things at the district court. Led by a judge, a court is administratively and legally controlled by the Supreme Court each for the District belongs. District Court is subordinate to their respective High Court.

All appeals in Civil matters of the District Court lie to the High Court of the State. There are many secondary courts also on this level, who work under the District Court. There is a field of Civil Judge and Judicial Court Chief Justice. While the former takes care of the civil case, the last appearance in the criminal case, and infringement.

Lower court

In some countries, there are several lower courts (under the District Court) referred to this Munsif Small Causes Court and the Court. The court only has original jurisdiction and can try to dress up with a small amount. Accordingly, Small Presidency Causes Court can not entertain the suit in which the amount claimed exceeds Rs 2,000. However, in some countries, civil courts have unlimited jurisdiction in the form of money. Judicial officers in this court are appointed on the basis of their performance in a competitive examination organized by the various State Public Service Commission.

Tribunals or special court

Special court or courts also exist to provide speedy and effective justice (especially in terms of administration) as well as for specific expertise related to certain types of disputes. This court has been set up in India to look into the matters of concern. The Court requiring special attention are as follows:

Income Tax Appellate Tribunal:

Appeals before the Income Tax Appellate Tribunal bench- generally heard by a division composed of one member of the tribunal and one member of the accountant. In cases involving revenue is considered less than ₹ 15 lakh (the US $ 21,000),  The Members must have a minimum work experience of five years in court, can decide the appeal on the single-member bench too.

The monetary limit for deciding appeals by the Bench of the ITAT members increased from ₹ 15 lakh (the US $ 21,000) for ₹ 50 lakh (the US $ 70,000) in the 2016 Union budget of India. In the case of conflict with benches opinion of divisions on the issues involves in the appeal, the appeal is sometimes the hearing will be in a special bench consisting of three or more members- at least one of which must be members of the judiciary and at least one of who must be a member of the accountant.

India Income Tax Appellate Tribunal is a very successful experiment in tribalization and often to justify more steps in this direction

Central Administrative Tribunal

The Central Administrative Tribunal by Article 323 -A of the Indian Constitution for the adjudication and resolution of disputes and complaints with respect to recruitment and conditions of service to persons appointed to public services and posts appointed in connection with the affairs of the Union or any other authority under the control of the Government.

According to Article 323-A, Parliament has passed the Courts Administration Act in 1985. The act was the central government to build the Central Administrative Court and administrative courts. This action opens a new chapter in the field of providing speedy and inexpensive justice to aggrieved civil servants.

Intellectual Property Appellate Court

The Intellectual Property Appellate Board (IPAB) was inaugurated on September 15, 2003, by the Government of India to hear and settle appeals against the decision of the registrar under the Indian Trade Marks Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Act 1999.

Since 2 April 2007, IPAB has been allowed to hear and adjudicate on the appeal of the majority decision, order or direction made by the Patent Controller under the Patent Act. Therefore all requests pending from the Indian High Court under the Patent Act were transferred to IPAB.

Railway Claims Tribunal

In case the claimant is not satisfied with the assistance provided by the Railways, he can seek legal remedies through the Railway Claims Tribunal, which was set up under the Railway Claims Tribunal Act 1987 that came into force on November 8, 1989. The court has 21 seats in the 18 cities in this country.

The main objective of setting up of the Court is to provide quick relief and early payment of compensation for: –

          i. deaths and injuries caused in the case of railway accidents and untoward incidents – claimants must submit a complaint and the direction before the Railway Claims Tribunal.

       ii. loss, damage, destruction, damage, non-delivery of the animals/goods in orders of train or to refund the fare or freight in case the claimant is not in satisfaction with the assistance of the railway administration

Appeals for Electricity in Indian Courts and Jurisdiction

In 2011, Aptel initiated suo moto proceedings under Section 121 of the Electricity Act 2003 on a reference from the Ministry of Power for a national crisis arising from a number of distribution utilities and not filing the tariff petitions and the State Commission failing to make periodic tariff revisions. Some distribution utilities do not have the financial resources to purchase sufficient electricity to meet consumer demand fully.

After hearing all of the State Commission, the Court order dated 11/11/2011 offer practical solutions to resolve the political crisis, economic and financial directed all the State Commission to determine the retail supply tariffs every year and in the case of distribution companies do not file tariff petitions in time, initiate suo moto trial to determine the tariff.

This order strengthens the hands of the State Commission for carrying out one of their important function of determination of tariff by initiating suo moto continue in the case of state distribution companies do not file a petition in rates because of foreign pressure.

Debt Recovery Tribunal

The Debt Recovery Tribunal came into existence by the Government of India under an Act of Parliament (Act 51 of 1993). Of course, this is for the quick adjudication and recovery of debts for banks and financial institutions.

The Debt Recovery Tribunal authorities also appeal to the appeal filed against the process. Those are initiated by the secured creditors. Those are under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act.

Central Excise and Service Tax Appellate Tribunal

The tribunal is for quick disposal of appeals. These are all the cases of the Central Board of Excise and Customs. And those coming to the Government in the revision.

FAQ – Frequently Asked Questions in Indian Courts and Jurisdiction