The High Courts and Subordinate courts

Question 1

which UT has its own high court

Answer 1

delhi

Question 2

composition of high court

Answer 2

consists of one CJ and such other judges as president may appoint from time to time

Question 3

president has power to appoint

Answer 3

1. additional judges for a temporary period not exceeding two years, for the clearance of arrears of work in a high court
2. an acting judge, when a permanent judge is temporarily absent or unable to perform his duties or is appointed to act temporarily as CJ

Question 4

qualifications of high court judge

Answer 4

1. citizen of india
2. not over 62
3. has held a judicial office in India for at least ten years OR has been an advocate of a high court for at least ten years
4. distinguished jurist

Question 5

appointment of CJ of HC

Answer 5

by the president
in consultation with CJ of supreme court and governor of concerned state

Question 6

appointment of judge of HC

Answer 6

by president
in consultation with CJI, CJ of that HC, governor of state

Question 7

original jurisdiction of HC

Answer 7

the power ot hear and decide cases at the first instance, during:
1. matters relating to state revenue and its collection
2. cases regarding wills, divorce, marriage, company law and contempt of court
3. every HC has power to interpret constitution (judicial review)
4. enforcement of fundamental rights guaranteed by constitution, can issue writes
5. election petitions challenging election of members of parliament, or member of the state legislative assembly or other local bodies

Question 8

appellate jurisdiction

Answer 8

high court has the power to accept appeals against decisions of supreme courts in civil and criminal cases

Question 9

civil appeals that can be brought

Answer 9

1. matters concerning land revenue
2. in cases where a blatant injustice has been committed by any Tribunal. in such cases, the HC may quash the order of tribunals

Question 10

appeals in criminal cases

Answer 10

1. against judgement of Sessions judge, where sentence of imprisonment exceeds 7 years
2. against judgements of an assistant sessions judge, chief metropolitan magistrate, or other judicial magistrates where sentence of imprisonment exceeds 4 years
3. against the state, when order of acquittal is passed by a Sessions judge
4. a sentence of death must be confirmed by HC before it can be carried out

Question 11

advisory jurisdiction

Answer 11

can advise any government department, legislature or the governor, if they seek it, on constitutional matters
advice is not binding on the agency to seek such advice

Question 12

revisory jurisdiction of HC

Answer 12

can call for the record of a case which has been decided by the subordinate court
done because HC feels that the subordinate court has exercised a jurisdiction not vested in it or the latter has not followed proper procedure

Question 13

when is revisory jurisdiction applicable

Answer 13

1. injustice or an error of law apparent on the face of the record
2. violation of the principals of natural justice
3. arbitrary authority leading to wrong judgements
4. flagrant error in procedure

Question 14

judicial review of HC

Answer 14

if any law, executive order, or ordinance passed by state legislature or any other authority infringes the fundamental rights or contravenes any provision of the constitution, HC can declare it null and void

Question 15

HC is court of record how?

Answer 15

1. its judgements and orders are preserved as a record to be referred to by its courts in future cases. they can be produced as precedents
2. HC can punish anyone who commits a contempt of its orders

Question 16

define writ

Answer 16

a writ is an order from a judicial authority asking a person to perform some act or refrain from performing an act

Question 17

how is independence of high court ensured

Answer 17

1. providing security of tenure and security of paw and allowances to judges
2. full control over its procedure of work and establishment
3. punish a person for contempt of court if its authority is lowered
4. no discussion in the state legislature on the conduct of high court judges
5. prohibition on practice after retirement for judges

Question 18

composition of subordinate court

Answer 18

District judge

Question 19

civil courts

Answer 19

cases related to land, property and money transactions, arbitration, guardianship, marriages, divorce, cases involving a Will

Question 20

types of civil courts

Answer 20

1. court of district judge
2. court of civil judge
3. Munsif’s court
4. court of small causes

Question 21

District judge vs sessions judge

Answer 21

district judge- when he decides civil cases
sessions judge- when he decides criminal cases

Question 22

qualifications to be district judge

Answer 22

1. advocate of seven years’ standing or an official in the Judicial Service of the Union or the State Public Service Commission

he acts as Deputy Commissioner and District Collector. He maintains law and order as well as supervises the collection of revenue and taxes from the district

Question 23

civil judge

Answer 23

post is sometimes combined with post of chief judicial Magistrate and can try cases punishable with imprisonment for 7 yrs and fine

Question 24

Munsif’s court

Answer 24

authorised to deal with civil cases involving not more than 20,000. appeals against their decisions lie with civil judge

Question 25

courts of small causes

Answer 25

headed by juniormost magistrates, and have jurisdiction in cases where value of subject matter is small. there is no appeal

Question 26

appointment of district judge

Answer 26

by governor in consultation with judges of HC and concerned state
all other judges are appointed through competitive exams held by State Public Service Commission

Question 27

administrative control of district judge

Answer 27

DJ exercises administrative control over all civil courts in the district
civil courts have no jurisdiction to try matters pertaining to agricultural land
such cases are heard by revenue courts

Question 28

appeals of district court

Answer 28

appeals from the decree or order of a court lie in the next higher court

Question 29

classification of criminal courts

Answer 29

1. courts of sessions
2. judicial magistrates of the First Class and in any metropolitan area Metropolitan Magistrates
3. judicial magistrates of the second class
4. executive magistrates

Question 30

sessions court

Answer 30

highest criminal court of district
presided over by district judge
cases like robbery, dacoity, murder
Sessions judge alone can award death sentences or life imprisonment
death sentence must be confirmed by the High Court before it is carried out irrespective of whether an appeal is made to the high court or not

Question 31

court of Chief Metropolitan Magistrate/ Chief Judicial Magistrate

Answer 31

less serious offences
cannot pass death sentence or life imprisonment
sentence only up to 7 yrs

Question 32

court of First Class Magistrates

Answer 32

award imprisonment up to 3 yrs
fine of 5000 rs or both
hear appeals against decisions of lower courts

Question 33

court of Second Class Magistrates

Answer 33

cannot sentence imprisonment for more than 2 years
impose a fine of 1000 or both

Question 34

purposes of lok adalats

Answer 34

1. provide legal aid and quick justice to those who are not in a position to engage lawyers
2. relieve the courts of heavy backlog of cases
3. eliminate high costs and delays in imparting justice

Question 35

advantages of lok adalats

Answer 35

1. important role in settlement of family feuds, disputes between neighbours, minor cases of assault and injury through compromise
2. both parties are satisfied
3. fast and inexpensive justice
4. reduce workload of other courts by enabling them to deal with more serious matters
5. promote social justice by providing legal aid to weaker sections of society