Subordinate Court - Law Dictionary Search Results
Home Dictionary Name: subordinate courtSubordinate Court
Subordinate Court, means all Courts subordinate to the High Court, including court of Small causes established under Act No. 9 of 1850 or Act No. 11 of 1865. [Legal Practitioners Act, 1879 (18 of 1879), s. 3]...
Court subordinate
Court subordinate, the expression 'Court immediately below' used in the Constitution means 'Court subordinate' and a single Judge of the High Court not being a court subordinate to the Division Bench qua the Division Bench the District Court was the Court immediately below. But the two expressions have not the same meaning. A 'court subordinate' to the High Court is a Court subject to the superintendent of the High Court, whereas a court immediately below is the Court from whose decision the appeal has been filed, Ladli Prasad Jaiswal v. Karnal Distillery Co. Ltd., AIR 1963 SC 1279 (1285): (1964) 1 SCR 270. (Civil Procedure Code, 1985, s. 115)...
Court immediately below and Court subordinate to the High Court
Court immediately below and Court subordinate to the High Court, the expressions 'a Court immediately below' and 'a Court subordinate to the High Court' had different meanings, and were therefore not one and the same. The test for determining whether an aggrieved party has a right to appeal, other conditions being fulfilled, is not whether the judgment is of a Court subordinate to the High Court but whether the judgment is of a court immediately below and that a single Judge of the High Court hearing a proceeding either as a Court of original jurisdiction or in exercise of appellate jurisdiction is a Court immediately below the Division Bench which hears an appeal against his judgment under the relevant clause of the Letters Patent, A. Rangaswamy Iyengar v. Pattamal, AIR 1971 SC 658 (659). [Constitution of India, Art. 133(1)(a)]...
Control
Control, the word 'control' suggests check, restraint or influence. Control is intended to regulate and hold in check a restrain from action, State of Mysore v. Allum Karibasuppa, AIR 1974 SC 1863 (1866). [Karnataka Co-operative Societies Act, (11 of 1959), s. 54]The word 'control' is synonymous with superinten-dentce, management or authority to direct, restrict or regulate. Control is exercised by a superior authority in exercise of its supervisory power, S.V. Co-operative Bank Ltd. v. K. Panduranga, AIR 1972 SC 1248 (1250). [Multi-Unit Co-operative Societies Act, 1942, s. 2(1)]Control, is synonymous with superintendence, management, or authority to direct, restrict or regulate, Regional Provident Fund Commissioner v. Sanatan Dharam Girls Secondry School, 2006 (10) JT 159 [As per Words and Phrases, Vol. 9 Permanent Edn.]Imports the notion of the power to direct what shall be done with the property in question; and the words are intended to provide a clearer concept than 'possession' w...
Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...
Jurisdiction
Jurisdiction, is a verbal coat of many colours. Jurisdiction originally seems to have had the meaning which Lord Reid ascribed to it in Anisminic Ltd. v. Foreign Compensation Commission, (1969) 2 AC 147, namely, the entitlement 'to enter upon the enquiry in question, M.L. Sethi v. R.P. Kapur, (1972) 2 SCC 427: (1973) 1 SCR 697.Jurisdiction, legal authority; extent of power; declaration of the law. Jurisdiction may be limited either locally, as that of a County Court, or personally, as where a Court has a quorum, or as to amount, or as to the character of the questions to be determined.By 'jurisdiction' is meant the extent of the power which is conferred upon the court by its constitu-tion to try a proceedings, Raja Soap Factory v. S.P. Shantharaj, AIR 1965 SC 1449 (1451): (1965) 2 SCR 800.The word 'jurisdiction' is a verbal coat of many colours. Jurisdiction originally means the entitle-ment 'to enter upon the enquiry in question'. If there was an entitlement to enter upon an enquiry, ...
Appeal
Appeal [fr. appellatio, Lat.; appeller, Fr.]. the judicial examination of the decision by a higher Court of the decision of an inferior Court. Thus there is an appeal from the High Court to the Court of Appeal (see (English) Judicature Act, 1925, s. 27), from the Court of Appeal to the House of Lords (see s. 3 of the (English) Appellate Jurisdiction Act, 1876, c. 59), from the Petty Sessions to Quarter Sessions, where the appeal is by way of retrial (see s. 19 of the (English) Summary Jurisdiction Act, 1879, also Summary Jurisdiction (Appeals) Act, 1933, and SESSIONS OF THE PEACE), from the County Courts to the Court of Appeal (see s. 105 of the County Courts Act, 1934, and next title), and in criminal matters, to the Court of Criminal Appeal under the (English) Criminal Appeal Act, 1907, or under the (English) Crown Cases Act, 1848 (11 & 12 Vict. c. 78). Appeals to the House of Lords in forma pauperis are checked by the (English) Appeal (Forma Pauperis) Act, 1893 (56 & 57 Vict. c. 22)...
Procedendo
Procedendo, a writ which issued out of the Common Law jurisdiction of the Court of Chancery, when judges of any subordinate Court delayed the parties, for that they would not give judgment either on the one side or on the other, when they ought so to do. In such a case, a writ of procedendo ad judicium was awarded, commanding the inferior Court in the King's name to proceed to judgment, but without specifying any particular judgment; for that, if erroneous, might be set aside by proceedings in error, or by writ of false judgment; and upon further neglect or refusal, the judges of the inferior Court might be punished for their contempt by writ of attachment, returnable in the courts at Westminster, 3 Bl. Com. 109. It also lay where an action had been removed from an inferior to a superior Court by habeas corpus, certiorari, or any like writ, and it appeared to the superior Court that it was removed on insufficient grounds. A suit once so remanded could not afterwards be removed before j...
Court having admiralty jurisdiction
Court having admiralty jurisdiction. The legislature of a British possession may by any Colonial Law Q:-(a) declare any court of unlimited civil jurisdiction whether original or appellate, in that possession to be a Colonial Court of Admiralty, and provide for the exercise by such Court of its jurisdiction under this Act, and limit territorially, or otherwise, the extent of such jurisdiction; and (b) confer upon any inferior or subordinate Court in that possession such partial or limited Admiralty jurisdiction under such regulations and with such appeal (if any) as may seem fit. [Colonial Courts of Admiralty (India) Act, 1891 (16 of 1891), s. 3]...
Patent error
Patent error, a patent error is an error which is self-evident, i.e., which can be perceived or demonstrated without involving into any lengthy or complicated argument or a long-drawn process of reasoning. Where two inferences are reasonably possible and the subordinate court has chosen to take one view the error cannot be called gross or patent, Surya Dev Rai v. Ram Chander Rai, AIR 2003 SC 3044 (3056): (2003) 6 SCC 675; see also Ranjeet Singh v. Ravi Prakash, (2004) 3 SCC 682.Means apparent mistakes; such errors can be seen on the face of an instrument, Dictionary of Constitutional and Parliamentary Terms, Lok Sabha Secretariat, 2nd Edn., 2005, p. 322....
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