Court - Definition - Law Dictionary Home Dictionary Definition court

Definition :

Court, compensation officer appointed under (English) Bihar Land Reforms Act, 1950 is not a 'Court' within the meaning of s. 195(1)(b) of the Code of Criminal Procedure Code 1973, Keshab Moroyan Banerjee v. State of Bihar, AIR 2000 SC 485 (490). [Bihar Land Reforms Act (30 of 1950), s. 19]

Court, means the principle civil court of original jurisdiction in a district and including the High Court in exercise of the ordinary original civil jurisdiction, having jursidiction to decide the questions forming the subject matter of suit, but does not incude any civil court of a grade inferior to such civil court or any court of small causes.

S. 2(*) Arbitration and Conciliation Act, 1996, Raipur Development Authority v. Sarin Construction Company, Raipur, AIR 2006 Chattisgarh 12.

The tribunal which is to exercise the jurisdiction for executing the decree in question is 'a court' within the scope of s. 45C of the Banking Companies Act, Ram Narain v. Simla Banking and Industrial Co. Ltd., AIR 1956 SC 614 (624): 1957 SCR 220. [Banking Companies Act, (10 of 1949), s. 45C]

A Sales Tax Officer is not a 'court' within the meaning of s. 195 of the Criminal Procedure Code, Jagannath Prasad v. State of Uttar Pradesh, AIR 1963 SC 416 (422): (1963) 2 SCR 850. [Criminal Procedure Code (5 of 1898), s. 195(2)]

Tribunals functioning under Industrial Disputes Act are not courts in the strict sense of the term they have to discharge quasi-judicial functions and as such are subject to the overriding jurisdiction of this court under Art. 136 of the Constitution. Their powers are derived from the statute that creates them and they have to function within the limits imposed there and to act according to its provisions. Those provisions invest them with many of the 'trappings' of a court and deprive them of arbitrary or absolute discretion and power, J&K Iron and Steel Co. v. Iron and Steel Mazdoor Union, (1955) 2 SCR 1315: AIR 1956 SC 231 (235). [Uttar Pradesh State Industrial Tribunal Standing Orders, (1951), Standing Order 22]

In the context in which the word 'court' is used in s. 9A of the Special Court Act, it is intended to encompass all curial or judicial bodies which have the jurisdiction to decide matters or claims, inter alia, arising out of transactions in securities entered into between the stated in which a person notified is involved, Canara Bank v. Nuclear Power Corpn., 1995 Supp (3) SCC 81 (97). [Special Court (Trail of Offences Relating to Transactions in Securities Act, 1992, s. 9A]

Assistant Charity Commissioner is a Court for the purposes of ss. 2 and 3 of the Contempt of Courts Act, 1971, K. Sham Rao v. Assistant Charity Commissioner, (2003) 3 SCC 563: 2003 Cri LJ 1575: AIR 2003 SC 1828 (1831). (Contempt of Courts Act, 1971, ss. 2, 3)

[fr. Curia, Lat.; cour. Fr.; keort, Dut.]. 1. The person and suite of the sovereign; the place where the sovereign sojourns with his regal retinue, wherever that may be. The English Government is spoken of in diplomacy as the Court of St. James's, because the Palace of St. James is the official palace.

2. The place where the sovereign administers justice by his judgeor a bishop, as the Supreme Court of Judicature, divided into the High Court of Justice and the Court of Appeal, the High Court of Parliament, to which an appeal lies from the Court of Appeal, the County Court, the Courts of Summary Jurisdiction, the Courts of Quarter Sessions, the Court of Arches, the Consistory Court.

Courts are either of record, where their acts and judicial proceedings are enrolled for a perpetual memorial and testimony, and they have power to fine and imprison; or not of record, being courts of inferior dignity, and in a less propesense the King's Courts--and these are not entrusted by law with any power to fine or imprison the subjects of the realm, unless by the express provision of some Act of Parliament. Their proceedings are not enrolled or recorded. See Odgers on the Common Law, pp. 1028 et seq.; Stephen's Commentaries, chap. X., Blackstone's Commentaries, III. P. 24; Jac.Law Dict.

Includes a Coroner and any officer lawfully exercising civil, criminal or revenue jurisdiction. [The Prisoners Act, 1900 (3 of 1900), s. 2 (a)]

Includes a tribunal and an arbitrator. [The Interest Act, 1978 (14 of 1978), s. 2 (a)]

It means a civil, criminal or revenue court and includes any tribunal or any other authority constituted under any law for the time being in force, to exercise judicial or quasi-judicial functions. [The Legal Services Authorities Act, 1987 (39 of 1987), s. 2 (1) (aaa)]

It means a court constituted under this Act. [Parsi Marriage and Divorce Act, 1936 (3 of 1936), s. 2 (2)]

It means the High Court or the District Court, as the case may be. [Divorce Act, 1869 (4 of 1869), s. 3 (4)]

It means the principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subject-matter of the arbitration if the same had been the subject-matter of a suit, but does not include any civil court of a grade inferior to such principal Civil Court, or any Court of Small Causes. [Arbitration and Conciliation Act, 1996 (26 of 1996), s. 2 (1) (e)]

The expression means a principal Civil court of original jurisdiction, unless the Appropriate Government has appointed (as it is hereby empowered to do) a special judicial officer within any specified local limits to perform functions of the court under this Act. [Land Acquisition Act, 1894 (1 of 1894), s. 3 (d)]

The word 'Court' in sub-s. (2) of s. 197 as being the same as a 'person' in sub-s. (1) of s. 14 of the Criminal Procedure Code,1898 (now s. 13(1), Cr.P.C. 1973, M.K. Gopalan v. State of M.P., AIR 1954 SC 362: (1955) 1 SCR 168.

Court, is a place where justice is judicially administered, Stroud's Dictionary of Law, Vol. 1, p. 561.

Means court of law established by Government as a part of judiciary wing of the State, Globe Cog-eneration Power Ltd. v. H.S.S.K. Niyamit, AIR 2005 Karn 94.

The jurisdiction of the High Court to issues writs is more extensive than that of the Supreme Court, Commentary on the Constitution of India, Durga Das Baus, Vol. II, 6th Edn., p. 286.

There is a High Court for one State or for more States having original as well as appellate jurisdiction. The High Court has power to issue to any person or authority, including any government, orders, directions or writs including the writs in the nature of habeas corpus, mandamus, prohibition, quo-warranto and certiorary for the enforcement of any of the fundamental right or for any other purpose, Introduction to the Constitution of India, Durga Das Basu, p. 246, [Constitution of India, Art. 143].

Any authority or tribunal having the trappings of a court would be a 'court', P. Sarathy v. State Bank of India, (2000) 5 SCC 355.

Takes a lenient view, in favour of the liberty of the subject, and is usually satisfied by the payment of the costs of the application to commit unless the contemnor's conduct is very contemptuous and a flagrant disrespect to the Court, Leonard v. Attwell, (1810) 17 Ves 385 (UK).

In relation to any functions under the Enduring Powers-of-Attorney Act, 1985, means the authority having jurisdiction under the Mental Health Act, 1983, Pt. VII (sub-ss. 93-113), Enduring Powers-of-Attorney Act, 1985, s. 13(1) (UK), Halsbury's Laws of England, Vol. 1(2), para 32, p. 28.

Is a word of very wide connotation. In legal parlance it indicates a place where justice is judicially administered, Keshab Narayan Banerjee v. State of Bihar, (2001) 1 SCC 607.

In the strict sense of the term, an essential condition is that the court should have, apart from having some of the trappings of a judicial tribunal, power to give a decision or a definitive judgment which has finality and authoritativeness which are the essential tests of a judicial pronouncement, K. Shamrao v. Assistart Charity Commissioner, (2003) 3 SCC 563.