This post talks about Jurisdiction of AFT CAT , NCLT DRT, High Court Chandigarh & District Court across tricity with relevant statute and weblink of the same.
JURISDICTION OF VARIOUS COURTS/ TRIBUNALS/ JUDICIAL BODIES
The Supreme Court has an original and exclusive jurisdiction to decide on disputes between the states or the centre and the state. The disputes should involve a question of a legal right and only to that extent does the Supreme Court have jurisdiction. The Supreme Court also has the right to issue writs, such as Habeas Corpus, Quo Warranto, Prohibition, Certiorari and Mandamus to protect the violation of Fundamental Rights – according to Article 32 of the Indian Constitution.
The court also has an Appellate jurisdiction as it is the highest court of appeal. The matters can range from civil, criminal to constitutional disputes. It should involve a substantial question of law and not of facts. The court has also the power to move a Special Leave Petition in exceptional and special circumstances where substantial and grave injustice has been done. The President can also seek court’s advice on any question of law or related to public importance.
High Court has an appellate jurisdiction over both civil and criminal cases. It can hear appeals on civil cases tried by the Courts of Munsifs and District Judges. In criminal cases, it can hear appeals of cases tried by the Sessions and Additional Sessions Judges. The court can also hear appeals against Tribunals or various Corporations established under the law of the state. The High Court has power of superintendence over all the Courts and Tribunals except the Armed Forces Tribunal established in the respective state. The Court is in charge of the administration of justice in the state apart from its judicial powers.
The High Court also has the power to issue writs, throughout the territories where it exercises jurisdiction, for the enforcement of fundamental rights or enforcement of legal right. The territorial jurisdiction of the court gives the power to deal with matters arising within the territorial jurisdiction of the state of the High Court or the authority or the person should be within the territorial jurisdiction of the High Court.
It was formed to provide speedy redressal to cases dealing with The Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) and The Securitisation and Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 (SARFAESI Act). The tribunal is fully empowered to pass orders which might be beyond the scope of Civil procedure Code to render complete justice. It can hear cross suits, counter claims and allow set offs. The appeal lies before Debts Recovery Appellate Tribunal (DRAT).
The pecuniary limit was raised to Rs 20 lakh for filing application for recovery of debts by banks and other financial institutions in 2018.
The NCLT is a quasi-judicial authority dealing with laws and settling disputes related to corporate cases. It handles cases related to every company listed in India, sparing financial institutions such as banks etc. It handles class action suits where a company registered under the Indian Companies Act commits fraud, cheats or steals money from investors. Compensation is also provided when companies make money fraudulently by duping investors and shareholders. The victim can also approach NCLT when the company refuses to transfer shares within a time frame of two months. Contracts and arrangements for security transfer come under the jurisdiction of the NCLT. Ifone finds that the working of a company is prejudiced which aims to benefit certain parties while being oppressive towards other parties, then the aggrieved can file a suit before NCLT.
The Armed Forces Tribunal was formed in pursuant to Armed Forces Tribunal Act 2007. It has the power to adjudicate disputes and complaints relating to appointments, enrolments and conditions of service in respect of persons subject to the Army Act, 1950, The Navy Act, 1957 and the Air Force Act, 1950.It also acts as a court of appeal for orders, findings or sentences of courts- martial held under the said Acts. It conducts its proceedings as per the Armed Forces Tribunal ( Procedure) rules, 2008 an also follows the procedure practiced in the High Courts.
Central Administrative Tribunal adjudicates disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or other authorities under the control of the Government. It exercises jurisdiction only in relation to the service matters of the parties covered by the Administrative Tribunals Act, 1985. It is guided by the principles of natural justice in deciding cases and is not bound by the procedure, prescribed by the Civil Procedure Code. It has been conferred with the power to exercise the same jurisdiction and authority in respect of contempt of itself as a High Court. The orders of Central Administrative Tribunal are challenged by way of Writ Petition under Article 226/227 of the Constitution before respective High Court in whose territorial jurisdiction the Bench of the Tribunal is situated.
The Central Information Commission was constituted under the Right to Information Act, 2005. All central public authorities are under its jurisdiction. It adjudicates matters in second appeal for giving information, directs keeping of records, handles suo motu disclosures receiving and enquiring into a complaint on inability to file RTI etc. It also deals with imposition of penalties and Monitoring and Reporting. Its decision is final and binding.
Each state has set up a Real Estate Regulatory Authority to regulate real estate development. It deals with cases involving both residential and commercial properties. This has brought transparency and accountability in the real estate sector. The RERA is the authority to which builders are required to submit the original approved plans for their project and the alterations. RERA is a special Act and is particularly set up to protect the interest of homebuyers. RERA explicitly bars civil courts from entertaining disputes (suits or proceedings) in respect of matters which the Real Estate Regulatory Authority or the Appellate Tribunal is empowered under the Act.
It is responsible for the protection and promotion of human rights, defined by the Act as “Rights Relating To Life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India”. The finction is to inquire into violations of human rights by government of India or negligence of such violation by a public servant. It is also responsible for protection of human rights and recommend measures for their effective implementation. It also reviews the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures. Its role also involves organising an engagement in human rights education among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means.
National Consumer Disputes Redressal Commission (NCDRC) is a national level court which deals with disputes related to Consumer Protection Act, 1986 where compensation claimed exceeds rupees ten crore. The National Commission is the Apex body of Consumer Courts; it is also the highest appellate court in the hierarchy.State Consumer Disputes Redressal Commission (SCDRC)works at the state level with cases where compensation claimed is above one crore to ten crores. The State Commission also has the appellate jurisdiction over the District Forum.District Consumer Disputes Redressal Forum (DCDRF)works at the district level with cases where the compensation claimed is up to one crore.
The highest court in each district is that of the District and Sessions Judge – Principal court of original civil jurisdiction besides the High Court of the State. v The District Court or Additional District court exercises jurisdiction both on original side and appellate side in civil and criminal matters arising in the District. v The territorial and pecuniary jurisdiction in civil matters is usually set in concerned state enactments on the subject of civil courts. v On the criminal side, jurisdiction is exclusively derived from the criminal procedure code. The district court is also a court of Sessions at the time of exercising jurisdiction on criminal matters under the Code of Criminal procedure. It also has appellate jurisdiction over all subordinate courts situated in the district on both civil and criminal matters. Appeals from the district courts are dealt with the High Court of the concerned state.
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This post is written by Harshita Gupta.
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