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Home >>Law Colleges >> Courts of Law

Courts of Law
Courts are institutions wherein disputes are adjudicated and justice administered. They are created by Statutes and enjoy such powers and jurisdiction which the Statutes confer. The Constitution itself provides for the Supreme Court and the High Court in each State at the apex of the judicial system and confers original and appellate jurisdiction on them primarily to resolve disputes between 11 Union and the State, State and State, State and the citizen and in limited cased appeals arising out of private disputes involving substantial questions of law. This higher judiciary is named as the Union Judiciary and appointments to it are made by the President of the Union on the advice of the Chief Justice.

Citizens can directly approach the High Courts or the Supreme Court to seek redress for the violation of Fundamental Rights. These courts have a supervisory function over the subordinate courts (State Judiciary) which are set up by each State according to its requirements under the Civil Procedure Code, Criminal Procedure Code or other State laws. The High Courts and Supreme Court enjoy civil and criminal jurisdiction apart form the writ jurisdiction.

The State judiciary under the High Court is organized in a hierarchy on the civil and criminal sides based on their jurisdiction, terrisdiction or monetary. On the criminal side, the Criminal Procedure Code provides for the Magistrates Courts (First or Second Class depending on the extent of powers for punishment) and above them the Sessions Court, usually one in each District. On the civil side, the Civil Procedure Code provides for the Munsiffs' Courts (with limited pecuniary jurisdiction), the Sub-Divisional Courts and the District Court each with varying pecuniary and territorial jurisdiction. There can be Special Courts set up for specific purposes and also Administrative and Revenue Tribunals to adjudicate upon specific categories of disputes

Thus there are Motor Vehicles Compensation Tribunals, Sales Tax Tribunals, etc., all of which are judicial bodies adjudicating disputes in the areas assigned to them. Appeals from these courts and tribunals usually lie to the High Courts and, in exceptional cases, a second appeal to the Supreme Court.

 

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