What is the ‘Appellate Jurisdiction’ of the high Court?
Answer
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Hint: A State High Court has to perform various powers and functions. The main responsibility of a State High Court is to administer Justice.
Complete Step by Step answer:
The term ‘appellate’ means to be able to hear appeals and have the power to review the judgement of a lower court. The High Court is the highest Court of a State. All other Courts and tribunals except Military Tribunals in the territory of a State are subject to the superintendence and control of the State High Court.
The Appellate Jurisdiction of the High Court extends to both civil and criminal cases.
- The High Court can hear appeals in civil cases, if the amount involved in the case is at least INR 5000 of the dispute involving a property of that amount.
- The High Court can hear appeals in criminal cases in which the accused has been sentenced to four years imprisonment by the Session Judge.
- The Session Judge of a district can award the death sentence in criminal cases. But such a sentence is subject to the approval of the High Court.
- The High Court can hear appeals against the decisions of the lower Courts in most of the revenue cases also.
- Any case involving the interpretation of the Constitution or law is brought to the High Court in appeal.
- Appeal in cases of income tax, sales tax etc., can be heard by the High Court.
Note: The Constitution of India provides for a High Court in each State. However, Parliament by law can provide a common High Court for two or more States. For example, the States of Assam, Nagaland, Arunachal Pradesh and Mizoram have a common High Court.
Complete Step by Step answer:
The term ‘appellate’ means to be able to hear appeals and have the power to review the judgement of a lower court. The High Court is the highest Court of a State. All other Courts and tribunals except Military Tribunals in the territory of a State are subject to the superintendence and control of the State High Court.
The Appellate Jurisdiction of the High Court extends to both civil and criminal cases.
- The High Court can hear appeals in civil cases, if the amount involved in the case is at least INR 5000 of the dispute involving a property of that amount.
- The High Court can hear appeals in criminal cases in which the accused has been sentenced to four years imprisonment by the Session Judge.
- The Session Judge of a district can award the death sentence in criminal cases. But such a sentence is subject to the approval of the High Court.
- The High Court can hear appeals against the decisions of the lower Courts in most of the revenue cases also.
- Any case involving the interpretation of the Constitution or law is brought to the High Court in appeal.
- Appeal in cases of income tax, sales tax etc., can be heard by the High Court.
Note: The Constitution of India provides for a High Court in each State. However, Parliament by law can provide a common High Court for two or more States. For example, the States of Assam, Nagaland, Arunachal Pradesh and Mizoram have a common High Court.
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