Briefly describe how a case move from a subordinate case to the high court
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How does a case move from a subordinate court to the highest court?
There are three stages of courts in India, which are:
District Court. It is further bifurcated in the lower judiciary(Civil Judge, MM/JM, etc.) and the higher judiciary (ADJ, DJ, ASJ, SJ).
High Court
Supreme Court
Usually, most of the cases are first instituted in a District Court according to the punishment involved (if it is a criminal case) or according to the pecuniary limit/jurisdiction of the court (valuation of the civil case in terms of money). However, in some cases, where the valuation of the civil case is much higher than the pecuniary jurisdiction of the District Court, the case is filed directly in the High Court as it then has its original jurisdiction.
After the case is decided by the District Court, the case goes either in appeal to the High Court or by way of revision. The High Court if feels that the case is worth hearing and deciding again hears the matter and decides the case. After the High Court, the case goes up to the Supreme Court usually in the form of a Special Leave Petition under article 136 of the Indian Constitution or after getting a certificate from the High Court that the said case involves a substantial question of law which needs to be determined / decided by the Supreme Court.
This is how the case goes from the lowest court (subordinate Court) to the Highest Court (Supreme Court).
It is pertinent to mention that in the District Court if the case is before the lower judiciary i.e. the Civil Judge or the Judicial Magistrate or Metropolitan Magistrate, the case will first go in appeal before the Additional District Judge or the Additional Sessions Judge respectively before going in appeal to the High Court directly.
Likewise, in some of the High Courts, there is a provision of letters patent appeals according to which there is an intra High Court appeal of the case meaning thereby that if a case was heard by a Single Judge of the High Court, the same case, in appeal is put before a division bench (two judge bench) or sometimes Full Bench (three judge bench) of the High Court after which the case goes to the Supreme Court.
Thank you...I hope it's Helpful,
There are three stages of courts in India, which are:
District Court. It is further bifurcated in the lower judiciary(Civil Judge, MM/JM, etc.) and the higher judiciary (ADJ, DJ, ASJ, SJ).
High Court
Supreme Court
Usually, most of the cases are first instituted in a District Court according to the punishment involved (if it is a criminal case) or according to the pecuniary limit/jurisdiction of the court (valuation of the civil case in terms of money). However, in some cases, where the valuation of the civil case is much higher than the pecuniary jurisdiction of the District Court, the case is filed directly in the High Court as it then has its original jurisdiction.
After the case is decided by the District Court, the case goes either in appeal to the High Court or by way of revision. The High Court if feels that the case is worth hearing and deciding again hears the matter and decides the case. After the High Court, the case goes up to the Supreme Court usually in the form of a Special Leave Petition under article 136 of the Indian Constitution or after getting a certificate from the High Court that the said case involves a substantial question of law which needs to be determined / decided by the Supreme Court.
This is how the case goes from the lowest court (subordinate Court) to the Highest Court (Supreme Court).
It is pertinent to mention that in the District Court if the case is before the lower judiciary i.e. the Civil Judge or the Judicial Magistrate or Metropolitan Magistrate, the case will first go in appeal before the Additional District Judge or the Additional Sessions Judge respectively before going in appeal to the High Court directly.
Likewise, in some of the High Courts, there is a provision of letters patent appeals according to which there is an intra High Court appeal of the case meaning thereby that if a case was heard by a Single Judge of the High Court, the same case, in appeal is put before a division bench (two judge bench) or sometimes Full Bench (three judge bench) of the High Court after which the case goes to the Supreme Court.
Thank you...I hope it's Helpful,
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For a criminal case, a crime must be reported to the police station. [1] At first it may be heared in court of judicial magistrate.[2] If the accused is adjudged guilty and he is not satisfy with this then he may appeal in court of session judge.[3] If the session judge does not alert the decision , the accused may appeal to the high court of the state.[4] A person adjudged guilty in a high court may appeal to the supreme court for right decision .
Supreme court is the highest court.
so, in this order a case move from lower( subordinate) court to highest court.
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thank you....
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