120. Provisions not applicable to High Court in original civil jurisdiction.—(1) The following provisions shall not apply to the High Court in the exercise of its original civil jurisdiction, namely, sections 16, 17 and 20.
1* *
* * *
Note: 1. Sub-section (2)
rep. by Act 3 of 1909, s. 127 and the Third Schedule.
Jurisdiction of courts and venue of suits
Jurisdiction means the authority by which a court has to decide matters
that are brought before it for adjudication. The limit of this authority is
imposed by charter, statute or commission. If no such limit is imposed or
defined that the jurisdiction is said to be unlimited.
Limitation of jurisdiction of civil court is basically four kinds:
[1] Jurisdiction over the subject matter- to try certain matters by
certain court is limited by statute (Ex. Small cause court- suit for money due
under promissory note or a suit for price of work done)
[2] Place of suing or territorial jurisdiction – A territorial limit of
jurisdiction for each court is fixed by Government.
[3] Jurisdiction over persons – All person of whatever nationality are
subject to the jurisdiction of the country except foreign state.
[4] Pecuniary jurisdiction depending on pecuniary value of suit –There is
no pecuniary jurisdiction of high court and district court.
Jurisdiction may be further classified: [a] Original jurisdiction [b] Appellate
jurisdiction
Criminal and appellate jurisdiction- Supreme Court, High Courts and
District courts have both original and appellate jurisdiction in various
matter.
No comments:
Post a Comment