TYPES OF JURISDICTIONS

Jurisdiction refers to the authority granted to a court or legal body to make decisions and enforce laws in specific cases or over particular individuals or property. It defines the scope within which a court can operate. Jurisdiction is a critical concept in law and can be categorized into several types, including:

1)????? Territorial Jurisdiction

2)????? Subject-Matter Jurisdiction

3)????? Original Jurisdiction

4)????? Appellate Jurisdiction

5)????? Pecuniary Jurisdiction

6)????? Advisory Jurisdiction

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1)????? Territorial Jurisdiction: - Territorial jurisdiction refers to the authority of a court to hear and decide cases based on the geographical location where the cause of action arises. It is determined by the place where the crime, incident, or legal issue occurred. For example, in cases of divorce, maintenance, child custody, or domestic violence, jurisdiction is vested in the court situated at the location where the marriage took place or where the domestic violence was experienced. Similarly, in property disputes, the court with territorial jurisdiction is the one located where the disputed property is situated, such as in the case of a property in Mumbai, where the case will be filed and adjudicated in the Mumbai court. This principle ensures that cases are heard within the appropriate jurisdictional boundaries related to the facts and location of the dispute

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2)????? Subject-matter Jurisdiction: - Subject matter jurisdiction is a legal principle that confers upon a court the authority to hear and adjudicate cases of a particular type or nature. It ensures that a court possesses the requisite power to address and resolve disputes pertaining to specific subject matters. In order for a court to lawfully hear a case, it must have subject matter jurisdiction over the issue at hand. A court is prohibited from hearing a case unless it is vested with jurisdiction over the particular subject matter involved in the dispute.

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3)????? Original Jurisdiction: - Original jurisdiction is the power of a court to hear and decide a case for the first time, before any appellate review. The determination of which court shall hear a particular case within a jurisdiction is based on the nature and subject matter of the dispute. The distribution of cases among various courts is governed by the concept of subject matter jurisdiction, where each court is designated to hear specific types of cases depending on their legal characteristics. The following outlines the general subject matter jurisdiction of various courts:

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Civil Courts: These courts are vested with the authority to hear and adjudicate matters pertaining to civil disputes, including but not limited to property disputes, contract matters, and other civil rights issues.

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Sessions Court: Serious criminal offenses, such as murder, rape, dacoity, and other grave crimes, fall under the jurisdiction of the Sessions Court. This court is empowered to deal with cases involving significant criminal charges and impose appropriate penalties, including imprisonment and capital punishment, where applicable.

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Family Court: This specialized court handles cases related to family law matters, including but not limited to matrimonial disputes, divorce, child custody, alimony, and maintenance claims. It is designed to provide a dedicated forum for resolving family-related conflicts.

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Administrative Tribunal: An Administrative Tribunal is tasked with adjudicating disputes that arise from employment matters concerning public servants. This includes issues related to recruitment, service conditions, promotions, transfers, and disciplinary actions within government service.

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Income Tax Appellate Tribunal: This tribunal has jurisdiction over cases related to income tax matters, including disputes regarding income assessments, tax deductions, penalties, exemptions, and other issues arising out of the interpretation and application of tax laws.

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Thus, the jurisdiction of each court is defined by the specific subject matter of the case, ensuring that the appropriate court with relevant expertise and authority hears each dispute.

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4)????? Appellate Jurisdiction: - Challenging the judgment of any court before a higher court is referred to as an appeal. The appellate jurisdiction may be invoked in cases where there is a legal error, a question of law, or concerns related to unfair trade practices. The Supreme Court of India possesses the authority to re-evaluate evidence presented before it in the course of its appellate jurisdiction.

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In the event that a party is dissatisfied with the decision rendered by the Supreme Court, they have the option to file a review petition. This petition seeks to reconsider the judgment based on specific grounds such as an apparent error on the face of the record.

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Furthermore, in situations where there is a clear and gross miscarriage of justice, a curative petition may be filed. A curative petition is intended to address any injustices that were not rectified through the normal processes of review or appeal. However, the filing of a curative petition requires the approval of a bench of Supreme Court judges, who will assess whether the case warrants further consideration under such exceptional circumstances.

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5)????? Pecuniary Jurisdiction: - When monetary limits decide the court’s authority. Pecuniary jurisdiction is subject to amendments. Pecuniary jurisdiction is the power of a court to decide cases involving money matters or suits of monetary value. A suit is maintainable in a court if its value does not exceed the monetary limits of the court.

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The jurisdiction of a court is determined by several factors, including Fiscal value, Geographical boundaries of the court, and the subject matter of the court.

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The Civil Procedure Code (CPC) of 1908, Section 15, states that every suit must be instituted in the court of the lowest grade that is competent to try it. The main objective of this section is to prevent the courts of higher grades from being overburdened with suits.

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6)????? Advisory Jurisdiction: - The Supreme Court of India's advisory jurisdiction is the power to provide advice to the President or a lower court on a legal matter. This jurisdiction is outlined in Article 143 of the Constitution of India.

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The President can request the Supreme Court's opinion on any matter of public importance or law. The Supreme Court will then provide an opinion after hearing the matter, but the President is not bound to follow it. The Supreme Court's role is to provide an opinion, not to make orders or decrees.

By Emon Choudhury

Associate 24x7Nyaya