top of page
Search
Writer's picturethelila500
Sep 2, 20223 min read

WHAT TYPE OF CASES ARE FILED IN THE HIGH COURT

High courts are the highest court in a state and an important part of the judicial system. There are 25 High Courts in the country, as some states share a common High Court.


Powers and functions of the High Court of a state-

A High Court is the highest court in a state in India. Articles 214 to 231 of the Indian Constitution talk about the High Courts and their powers and organisation. As stated above, there could be a single High court for different states.


  • The Jurisdiction of High Court

  • Original Jurisdiction-

  • In these situations, the applicant can move straight to the High Court, without filing an appeal to the High Court. Generally, for the cases related to the State Legislative Assembly, fundamental rights enforcement and transfer cases from other courts.

  • For criminal cases which took place in their cities only, the High Courts of Calcutta, Bombay and Madras have original jurisdiction.

  • The High Courts of Calcutta, Bombay and Bombay have the right to hear civil cases involving property worth more than Rs. 20000.

  • The High Courts have the power to issue writs in case of infringement of fundamental rights.

  • All the High Courts have the original jurisdiction in the cases related to wills, divorce, contempt of court and admiralty.

  • Also, election petitions can be heard by the High Courts.

  • Appellate Jurisdiction-

  • Civil Cases- an appeal can be filed in a High Court against the decision of the District Court.

  • Also, an appeal can be made from the subordinate court directly, in case the value of the dispute is more than Rs 5000 or on a question of fact or law.

  • Criminal Cases- an appeal can be filed in the cases decided by the Sessions and Additional Sessions Judges.

  • In case the Session’s Judge has awarded a punishment for 7 years or more

  • In case the session’s judge has awarded capital punishment.

  • The High Court can decide cases related to state and central laws.

  • The High Court also decides constitutional cases where the issue involves a substantial question of law.

Court of record-

  • The High Court’s also act as the court of record

  • The judgments of the High Courts can be used by the subordinate courts for deciding cases.

  • The High court’s also having the power to punish the cases of contempt of Court by any person or institution.

  • Administrative Jurisdiction-

  • The high court superintends all the subordinate courts

  • It can ask about the details of the proceedings of its subordinate courts

  • It can also transfer any case from one court to another subordinate court or itself.

  • The high court can also inquire about the records or other documents from its subordinate courts

  • Judicial Review-

  • The High courts have the power to declare any law or ordinance is unconstitutional if it is found to be against the constitution of India.

Conclusion-

From the above discussion, it could be understood that the High Courts in India do decide various kinds of cases, however, it is important to understand that unless it is a case of original jurisdiction, the High Courts decide the cases of appeal, thus before filing an appeal in the High court, you shall seek legal opinion from an experienced High Court Lawyers In Jaipur or your own city.


Also, in cases of original jurisdiction involving writs or some other issue, it is better to understand the proper legal procedure as well as other technicalities of your case so that you do not waste the precious time required for taking the correct steps. Hence, it is advised to seek advice from the High Court Lawyers In Kolkata and then decide your next step.


Lead India offers you a team of experienced High Court Lawyers who have year’s long experience in dealing with cases filed in the High Courts, thus, if you seek legal advice or assistance for the same you may contact us.


Call Us: - +91-8800788535

1 view0 comments

Comments

Post: Blog2_Post
bottom of page