Where to apply when case loss in small cause court
Gulab
(Querist) 10 August 2012
This query is : Resolved
can you please explain me the hierarchy of Indian courter is a confusion because so may type of court is there
Devajyoti Barman
(Expert) 10 August 2012
Please read Civil Procedure Code and Code of Criminal Procedure to remove such doubt.
Raj Kumar Makkad
(Expert) 11 August 2012
There is no any confusion. First of all Civil/lower criminal Courts then District/Sessions Court then High Court and then Supreme Court is there. For minute details refer to CPC & Cr.PC
prabhakar singh
(Expert) 11 August 2012
A simple thing asked by an advocate suggest you are freelancer,and not doing things under guidance of any senior.
To start from bottom,at district level we have a District judgeship where Civil and criminal matters are dealt.
In civil side there are Civil judges Junior Division and Civil judges senior Division.A civil judge junior Division has original jurisdiction over those law suits, cause of action for which arises in his area fixed,depending upon his pecuniary capacity
which is also prefixed.First Appeals from whose judgement lies before the District judge.A Civil judge senior Division enjoys unlimited original pecuniary jurisdiction.
First appeal from his judgement lies before District Judge up to certain pecuniary limit prefixed in your state beyond which,First appeal lies directly before High Court.So High court enjoys two jurisdictions in civil side right to hear first appeals as well as second appeals.So goes true for orders and revisions also except in states where right to hear first appeal vests in District judge for prefixed pecuniary limit,he entertains appeals and revisions also.Not all but many High Courts enjoy original jurisdiction over law suits on pecuniary basis by a single bench,appeal from which lies to division bench.
The Supreme court hear cases from this route only via grant of S.L.P(s).
In criminal side all Civil judges(junior Division)are Judicial Magistrate to gather
with a Chief Judicial Magistrate(from civil judge senior division)who try offences provided in Cr.P.C.,then the District Judge ship is session court to try offences as laid in Cr.P.C,appeals and revisions goes same way as told for Civil cases.No High court enjoys original jurisdiction to try offences.
These jurisdictions of High Courts and those of Supreme Court is in addition to their respective writ's jurisdiction vested in them by our constitution.
I hope your confusion is washed now.
