Skip to content


Law Dictionary Home Dictionary Definition court-of-record

Court of record, a court of record envelops all such powers whose acts and proceedings are to be enrolled in a perpetual memorial and testimony. A court of record is undoubtedly a superior court which is itself competent to determine the scope of its jurisdiction, M.M. Thomas v. State of Kerala, (2000) 1 SCC 666. In relation to any matter, means the court to which proceedings with respect to the matter are allocated or transferred, Halsbury's Laws of England, Vol. 3(2), para 747, p. 405. Members of the State judiciary below the High Court are subordinate to the High Court and the control over the district courts and court subordinate thereto is vested in it, Constitution of India, Durga Das Basu, Vol. H, 6th Edn., p. 286. Although the Supreme Court as the final appellate court, can revise the decisions of the High Court, the High Courts are not administratively subordinate to the Supreme Court, Commentary on the Constitution of India, Durga Das Basu, Vol. H, 6th Edn., p. 233. Means the court within the jurisdiction of which the debtor resided or carried on business for the greater part of the six months immediately prior to his death, Administration of Insolvent Estates of Deceased Persons Order, 1986, Sch. I, Pt. II, para 33 (UK) Halsbury's Laws of England, Vol. 3(2), para 6, p. 11. Court of record, in the case of a superior Court of Record, it is for the Court to consider whether any matter falls within its jurisdiction or not. Unlike a Court of limited jurisdiction, the superior Court is entitled to determine for itself questions about its own jurisdiction, Ravi S. Naik v. Union of India, (1994) Supp 2 SCC 641: AIR 1994 SC 1558. A 'court of record' is a court, the records of which are admitted to be of evidentiary value and are not to be questioned when produced before any court. The power that courts of record enjoy to punish for contempt is a part of their inherent jurisdiction and is essential to enable the courts to administer justice according to law in a regular, orderly and effective manner and to uphold the majesty of law and prevent interference in the due administration of justice, Supreme Court Bar Association v. Union of India, (1998) 4 SCC 409 (420). [Constitution of India, Arts. 129, 215) A court of record envelops all such powers whose acts and proceedings are to be enrolled in a perpetual memorial and testimony. A court of record is undoubtedly a superior court which is itself competent to determine the scope of its jurisdiction. The High Court, as a court of record, has a duty to itself to keep all its records correctly and in accordance with law. Hence, if any apparent error is noticed by the High Court in respect of any orders passed by it the High Court has not only power, but a duty to correct it, M.M. Thomas v. State of Kerala, (2000) 1 SCC 666 (672): AIR 2000 SC 540. [Constitution of India, Art. 215]. See also Delhi Judicial Service Assn. v. State of Gujarat, AIR 1991 SC 2176.

View Judgments Citing this Phrase

View Acts Citing this Phrase

Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //