When, Why and How to Approach High Court of India

High Court has several jurisdictions – Original, Appellate, Revisional, Tax and Writ.

Article 226 of Constitution of India: The High Court is conferred with this power under Article 226 of the Constitution of India for enforcement of any of the fundamental rights conferred by part III of the Constitution or for any other purpose.

Writ Petition(c): By way of filing Writ Petition (Civil) following relief can be claimed from High Court but Judicial orders of civil court are not amenable to writ jurisdiction Under Article 226 of the Constitution as held by Apex Court in Radhey Shyam and Ors. Vs. Chhabi Nath and Ors (2015) 5 SCC 423

1. Certiorari: The writ of certiorari can be issued by the Supreme Court or any High Court for quashing the order already passed by an inferior court, tribunal or quasi-judicial authority.

2. Qua Warranto: This simply means "by what warrant?". This writ is issued to enquire into the legality of the claim of a person or public office.

3. Prohibition: A writ of prohibition is issued primarily to prevent an inferior court or tribunal from exceeding its jurisdiction in cases pending before it or acting contrary to the rules of natural justice.

4. Mandamus: A writ issued as a command to an inferior court or ordering a person to perform a public or statutory duty.

Writ Petition (Crl.)

Habes corpus: A simple dictionary meaning of the writ of Habeas Corpus is "a writ requiring a person under arrest of illegal detention to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention".

Article 227 of Constitution of India: Apex Court in Surya Dev Rai v. Ram Chander Rai and Ors. 2003 (6) SCC 675 held that Article 227 determines that every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction. Proceedings under Article 226 are in exercise of the original jurisdiction of the High Court while proceedings under Article 227 of the Constitution are not original but only supervisory. Though the power is akin to that of an ordinary court of appeal, yet the power under Article 227 is intended to be used sparingly and only in appropriate cases for the purpose of keeping the subordinate courts and tribunals within the bounds of their authority and not for correcting mere errors. power under Article 227 shall be exercised only in cases occasioning grave injustice or failure of justice such as when:

(i) The court or tribunal has assumed a jurisdiction which it does not have,

(ii) The court or tribunal has failed to exercise a jurisdiction which it does have, such failure occasioning a failure of justice, and

(iii) The jurisdiction though available is being exercised in a manner which tantamount to overstepping the limits of jurisdiction.

Original

(a )Civil suit: As per Chapter-II Rule 1 of Delhi High Court (Original Side) Rules 2018, every suit or petition coming before the Court in its Ordinary Original Civil Jurisdiction shall be tried and/ or heard by a Single Judge.

(b) Transfer Petition (c): Under Section 24 of CPC, High Court has the power to transfer any suit, appeal or application pending before subordinate court to any other subordinate court.

(c)Transfer Petition (crl): Under Section 407 CrPC, High Court has power to transfer a case from one Criminal Court to another Criminal Court within its jurisdiction.

(d) Criminal side

(i) Bail Application: Section 439 of Code of Criminal Procedure, 1973 contemplates that the Sessions Court or the High Court can grant bail to a person who has been arrested

(ii) Application u/s 482 CrPC: Under 482 CrPC empowers High Court to quash FIR even in non-compoundable cases to meet ends of justice

(e) Arbitration

(i) Arbitration application (u/s 11 of Arbitration Act): Any party to the agreement can approach High Court for appointment of arbitrator, if other party fail to appoint arbitrator in terms of agreement.

(ii)Arbitration Appeal (u/s 37 (2) of Arbitration Act): Appeal lies under Section 37 of the Arbitration and Conciliation Act, 1996 challenging an order by District Judge allowing or rejecting a petition under Section 34 challenging the Arbitral award.

Appellate

(i) Civil

Regular First Appeal: Against decree, as defined under Section 2(2), regular First Appeal1 is provided under Section 96, C.P.C. against the judgment passed by District Judge to High Court. Appeal maintainable when

a. Against a decree
b. Against preliminary decree
c. Against final decree
d. Rejection of plaint under Order 7 Rule 11 C.P.C.
e. Determination of any question within Section 144 (restitution)
f. Original decree passed ex-parte

First Appellate Court has got power to judge the correctness of findings of facts as well as of law recorded by the Trial Court

First Appeal from Order: Against certain orders passed in a suit before its final decision also appeal is provided under Section 104 read with Order 43, Rule 1 C.P.C. These appeals in the District Courts are called Miscellaneous Appeals and in High Court as First Appeals from Orders (FAFO).

Regular Second Appeal: Second Appeal to the High Court under Section 100 C.P.C. lies only if the case involves substantial question of law.

Appeal in MACT cases: Appeals from MACT Tribunal lies with High Courts. Under Section 173 of Motor Vehicle Act, any person aggrieved by an award of a Claims Tribunal may, within ninety days from the date of the award, prefer an appeal to the High Court

Appeal in Matrimonial cases: Appeal from District Judge order passed in Matrimonial cases lies to High Court. Under Section 28, appeal lies to the High Court to the judgment passed by District Judge in Matrimonial cases

Company Appeal: Under the Companies Act, 1956, HCs were vested with original jurisdiction as a ‘Company Court’ to adjudicate certain matters. The jurisdiction which was divided between the erstwhile Company Law Board (CLB) & High Court was clubbed & transferred to the NCLT under the 2013 Act.

(ii) Criminal: Appeal from the decisions of the Session Court in Criminal Matter lie to the High Court. Appeal to High Court is governed by Section 372 to 394 of CrPC.

(iii) Letters Patent Appeal (Writ Appeal): Appeals under clause 15 of the Letters Patent shall be placed for admission before a Division Bench. Any order (as per clause 15) passed by Single Judge of High Court can be challenged before Division bench of same High Court by way of filing Writ Appeal aka LPA.

(iv) Review: Order XLVII in the Code of Civil Procedure, 1908 (CPC) together with Section 114 of the Act, provides the procedure for Review. Review means to reconsider, to look again or to re examine. In legal sense, it is a judicial re-examination of the case by the same court and by the same Judge.

Revision

(i) Civil : Civil Revision lies u/s 115 of CPC, 1908 which arises from an order in a pending proceeding before a Court subordinate to the High Court. Revision means re-examination of cases, when no appeal lies and if such subordinate court appears—(a) to have exercised a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may make such order in the case as it thinks fit

(ii) Criminal: Jurisdiction exercised by the High Court and Sessions Judge under S. 399/401 CrPC is supervisory jurisdiction which gives a very wide scope to the revisional Court to test the correctness, legality or propriety of any finding, sentence or order

Contempt

(i)Civil: Civil contempt refers to the wilful disobedience of an order of any court

(ii)Criminal: Criminal contempt includes any act or publication which: (i) ‘scandalises’ the court, or (ii) prejudices any judicial proceeding, or (iii) interferes with the administration of justice in any other manner.

Election Petition: An Election petition is a procedure for inquiring into the validity of the election results of Parliamentary or local government elections. Election petitions are filed in the High Court of the particular state in which the election was conducted.Therefore, as per Section 80A of RPA Act 1951, only High Courts have the original jurisdiction on deciding on election petitions.

In short, High courts of India are the principal civil courts of original jurisdiction in each state and union territory and exercises its original civil and criminal jurisdiction only if the subordinate courts are not authorized by law to try such matters for lack of pecuniary, territorial jurisdiction further High Court has appellate jurisdiction which consists of appeals from lower courts and writ petitions in terms of Article 226 of the constitution.

1Ganga Bai v. Vijay Kumar, AIR 1974 SC 1126 it has been held that suit is inherent, general or common law right and it need not be provided by any statute, however, appeal is a statutory right and is maintainable only when some statute provides the remedy of appeal.