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Jurisdiction of Courts
Jurisdiction of Courts
Introduction
The CPC does not define the term jurisdiction. In fact, none of the
substantive or procedural laws seeks to define the term jurisdiction.
According to Black's Law Dictionary jurisdiction is defined as A court's
power to decide a case or issue a decree.
Section 9 The Code of Civil Procedure, 1908 grant authority over the civil
courts if two conditions are satisfied
I
II
III
ii.
Territorial Jurisdiction
Territorial Jurisdiction divides the courts on a horizontal basis.
DISTRICT COURTS
For example in Delhi, there are three District level courts, viz. Patiala
House, Tis Hazari and Karakardooma. All these courts have nearly same
powers. However, being on a same horizontal line, these courts are
divided territory wise, i.e. area wise. Again for example, cases pertaining
to South Delhi, New Delhi and West Delhi will lie before Patiala House, and
North Delhi cases will lie before Tis Hazari, and cases pertaining to East
Delhi will lie before Karakardooma.
HIGH COURT
Similarly High Court of two different states, say Delhi, and Punjab may
2
have similar powers in their respective states, but are divided on the
basis of area. Cases pertaining to Delhi will lie before Delhi High court and
cases pertaining to Punjab will lie before Punjab High Court.
How is Territory Decided
Territory of a court is decided after taking into account several factors.
They are
1. IN CASE OF IMMOVABLE PROPERTY: If the suit is with regard to
recovery, rent, partition, sale, redemption, determination of right of
immovable property, it shall be instituted in the court within the
local limits of whose jurisdiction the property is situated.
2. IMMOVABLE
PROPERTY
SITUATED
WITHIN
THE
JURISDICTIONOF DIFFERENT COURTS: In such a case the suit
may be instituted in any court within the local limits of whose
jurisdiction any portion of the property is situated.
3. IN CASE OF DISPUTE BETWEEN TWO OR MORE PERSONS
WITH RESPECT TO MOVABLE PROPERTY, BUSINESS OR ANY
OTHER WRONG DONE: Where a wrong has been caused to a
person, or any damage has been caused to a movable property,
then the suit may be instituted either,
i.
ii.
ii.
ii.
iii.
iv.
5. Opposite party has not been heard of as alive for the last Seven
years, or
TYPES OF JURISDICTION
Jurisdiction of a Court may be classified under the following categories
Civil and Criminal Jurisdiction: Civil jurisdiction is that which concerns
and deals with disputes of civil nature. Criminal Jurisdiction on the other
hand relates to crimes and punishments of offenders, etc.
Territorial or Local Jurisdiction: Every court has its own local or
territorial limits beyond which it cannot exercise its jurisdiction. These
limits are fixed by the Government. For example, a learned District Judge
has to exercise jurisdiction within his district. Again, a court has no
jurisdiction to try a suit for immoveable property situated beyond its local
limits.
Pecuniary jurisdiction: The Civil Procedure Code, 1908 provides that a
court will have jurisdiction only over those suits the amount or value of
the subject-matter of which does not exceed the pecuniary limits of its
jurisdiction. Some courts have unlimited pecuniary jurisdiction, e.g., High
Courts and District Courts have no pecuniary limitations. But for
example,in West Bengal Courts of civil judge junior division have limited
pecuniary jurisdiction but courts of civil judge senior division have
unlimited pecuniary jurisdiction.
Jurisdiction as to subject-matter: Different courts have been
empowered to decide different types of suits. Certain courts are precluded
from entertaining certain suits. For example, a Presidency Small Causes
Court has no jurisdiction to try suits for partition of immoveable property,
while only the District Judge or Civil Judge (Senior Division) can hear suits
in respect of testamentary matters.