State Of Maharashtra
Querist :
Anonymous
(Querist) 06 July 2011
This query is : Resolved
Crpc, 1973 Sec11. Courts of Judicial Magistrates.
(1) In every district (not being a metropolitan area), there shall be established as many, Courts of Judicial Magistrates of the first class and of the second class, and at such places, as the State Government may, after consultation with the High Court, by notification, specify:
1[Provided that the State Government may, after consultation with the High Court, establish, for any, local area, one or more Special Courts of Judicial Magistrate of the first class or of the second class to try any particular case or particular class of cases, and where any such Special Court is established, no other court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicial Magistrate has been established.]
(2) The presiding officers of such Courts shall be appointed by the High Courts.
Query: What do u mean by presiding officer.
Section 11 (1) no other court of Magistrate means session court also.Does it covers the session court. As magistrate is there for giving the judgments & judge is only in HC & SC.
Can we say that after the special court judgment aggrieved party has directly right to go to appeal to direct HC only? ((((((no other court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicial Magistrate has been established.)))) So direct appeal lies to HC appellate jurisdiction.
High Court (State Of Maharashtra)
It has been said that advocate practising at original jurisdiction of the HC canno't pratice at appellate jurisdiction & Vice - Versa.
Surpeme Court.
It has been said that advocate practising at original jurisdiction of the SC canno't pratice at appellate jurisdiction & Vice - Versa.
