eng
competition

Text Practice Mode

legal dicatation

created Oct 19th 2018, 05:14 by JeetuSharma1


4


Rating

233 words
53 completed
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The first question which a Court in which a suit or other proceeding is instituted has to consider, is whether it has jurisdiction to hear and decide it. In view of Section 9 of the Code of Civil Procedure the Courts have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. But this general rule is subject to various limitations, depending upon the nature, value, or the locality of the subject-matter the residence of the defendant and so forth.
 
The District Judge, Additional District Judge and Subordinate Judge of the 1st class have jurisdiction to hear suits without any limits as to their value. In the case of Subordinate Judges of a power class, however, jurisdiction depends, inter alia, on the value of the suit. The value of a suit for purposes of jurisdiction has to be calculated in accordance with the provisions of the Suits Valuation Act and the rules there under.
 
Courts of Subordinate Judges have no jurisdiction at all to take cognizance of proceedings under those enactments (e.g., under the Companies Act, 1956, the Indian Divorce Act, 1869, etc.). There are proceedings under certain other enactments of which subordinate Judges can take cognizance only if specifically empowered in that behalf (e.g., Section 4-A of the Guardians and Wards Act, 1890, Section 388 of the Indian Succession Act etc.)

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