COURTS

&
JURISDICTION
By
G. Vaishnav Kumar, Asst. Professor
PLC, Hyderabad
 COURTS
• Definition: any duly constituted tribunal
administering the laws of the state or nation.
(Black’s Law Dictionary)
• Hierarchy of Courts: implicitly laid down in the
Code of Civil Procedure.
• S.3 of CPC : Subordination of Courts - the District
Court is subordinate to the High Court, and every
Civil Court of a grade inferior to that of a District
Court and every Court of Small Causes is
subordinate to the High Court and District Court.
 JURISDICTION
• Courts of Law are laid out in hierarchy as per
their jurisdiction.
• Jurisdiction: the official power to make legal
decisions and judgements OR the extent of
the power of a court to entertain suits and
applications.
• Jurisdiction further classified into three types.
 KINDS OF JURISDICTION

• Relates to the territorial limits.

TERRITORIAL • Varies from munsiff area to whole of India.

• Relates to the valuation of suits in terms of

PECUNIARY money.
• Varies as per each state.

SUBJECT • Relates to the subject matter of the suit.

• Specific courts are there for different
MATTER subject matters.
OTHER CLASSES OF JURISDICTION

• The court which can directly

entertain the matter.
ORIGINAL • The power to hear a case for the
first time

• Hears an appeal from a court of

APPELLATE original jurisdiction.
• Right from District Court to SC.
 JURISDICTIONAL ASPECTS
• Limits imposed by Statute constituting the court.
• Extended or Restricted by Statute.
• No Restriction – unlimited jurisdiction.
• Where no jurisdiction (Pec, Org, Sub) to try a
matter – express consent of the parties, waiver or
acquiescence cannot create it.
• Where jurisdiction – consent of parties, waiver,
acquiescence or estoppel can’t take it away.
 JURISDICTIONAL ASPECTS
• When 2 or more courts – the parties with
consent may select the one and exclude the
other.
• Defect in jurisdiction – strikes at the very
authority of the court to pass the orders.
• Order passed without jurisdiction – invalid
and null – can be set up as defence at any
stage.
• Defect of jurisdiction cannot be cured.
 JURISDICTIONAL ASPECTS
• Civil Court has inherent jurisdiction to decide
whether it has jurisdiction in a matter or not.
 HIERARCHY OF COURTS
• Varies as per different states nevertheless the
Supreme Court is Apex Court; High Court is
the highest court in the concerned province
and District Court is the highest court of the
district.
• We will consider the hierarchy of courts in
Telangana and A.P.
HIERARCHY OF COURTS
SUPREME
COURT

HIGH
COURTS

DISTRICT
COURTS

SCJ & JCJ

COURTS
 HIERARCHY OF COURTS &
JURISDICTIONS
SUPREME • Highest Appellate Court in Land.
• Has Original, Appellate, Supervisory,
COURT Extraordinary, Jurisdictions.

HIGH • Highest Court in the State concerned.

• Appeals from District Courts and Subordinate

COURT
Courts. Power of Superintendence on subordinate
courts.

DISTRICT • Highest Court in the District.

• Exercises jurisdiction over the subordinate courts,
COURT hears appeals from them.
 TERRITORIAL JURISDICTIONS
• Supreme Court – over the whole of India.
• High Courts – over the concerned state(s), one
high court can be there for 2 or more states.
• District Courts – over the concerned district, one
district court can be there for 2 or more districts.
• Senior Civil Courts – over the concerned Mandals
or Munsiff areas.
• Junior Civil Courts – over the concerned Mandals
or Munsiff areas.
 PECUNIARY JURISDICTION
• Supreme Court – Any matter.
• High Courts – Any matter.
• District Courts – over the matters whose suit
valuation exceeds Rs. 15 Lakhs. Appeal Suits
below Rs. 5 Lakhs.
• Senior Civil Courts – over matters whose suit
valuation is between Rs. 3 -15 Lakhs.
• Junior Civil Courts – over the matters whose
suit valuation is below Rs. 3 Lakhs.
 SUBJECT MATTER JURISDICTION
• Supreme Court – Any matter.
• High Courts – Any matter.
• District Courts – over the civil matters.
• Senior Civil Courts – over the civil matters.
• Junior Civil Courts – over the civil matters.
 THREE GREAT RULES
1. No court shall entertain any suit, the amount
or the value of the subject matter of which,
exceeds the pecuniary limits of its
jurisdiction. (Section 6).
2. No court shall entertain any suit which as
regards to the subject matter thereof, has
been exempted from its cognizance.
3. Every suit shall be instituted in the court of
the lowest grade competent to try it. (S.15)