Jurisdiction means authority of the courts to deal with matters which come before it for adjudication. Courts doesn’t have unlimited jurisdiction somewhere it has limited jurisdiction but for instance there is no limit of jurisdiction then it would have unlimited jurisdiction. Courts can only get limited jurisdiction through charter, statute or commission. The civil Court shall have jurisdiction to try all the suits except the suit which impliedly or expressly barred. Court has power to make legal decisions and judgment.
If a court doesn’t have jurisdiction then whatever the legal decisions would be taken by the court it will become void. Basically the Jurisdiction of court is determined by the legislature. The court must take cases related to private rights and it shall not deal with criminal matters.
According to section 9 of CPC:
The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.
[Explanation I].- A suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies.
[Explanation ll].- For the purposes of this section, it is immaterial whether or not any fees are attached to the office referred to in Explanation I or whether or not such office is attached to a particular place.].
In the case of P.M.A Metropolitan vs Moran Mar Marthoma [1]
• The phrases used in section 9 has a positive and negative meaning
• The earlier part has a wider sense as it covers all the matter of civil nature; on the other hand, the latter part has a wider sense as it excludes the matter which is impliedly or expressly barred. • The two explanations mentioned in Section 9 expresses the legislative intentions. • It cast an obligation on the court to exercise the jurisdiction for the enforcement of private rights
• No court is at discretion to refuse the matter which falls under this section
• It is mandatory to take the cognizance of matter because the word “shall” is used which means that it is a mandatory section.
Categories of Jurisdiction
• Civil and Criminal Jurisdiction
• Original and Appellate Jurisdiction
• Jurisdiction over Subject Matter
• Local or Territorial Jurisdiction
• Pecuniary Jurisdiction
1. Civil and Criminal Jurisdiction
In civil jurisdiction, the courts are empowered to adjudicate cases related to private rights or which is civil in nature. It includes defamation (including libel and slander), breach of contract, negligence resulting in injury or death, and property damage.
In criminal jurisdiction, the courts are empowered to adjudicate cases which deals with the behavior that is or can be an offense against the society, state or public. Examples are, murder, assault, theft, etc.
2. Original and Appellate Jurisdiction
Courts with original jurisdiction can conduct trial of cases. Such courts are court of first instance. It entertains and decides original suits.
Courts with appellate jurisdiction can entertain appeals from the orders and judgments from lower courts.
3. Jurisdiction over subject matter
The court has a power to entertain a certain kinds of cases related to particular subject matter. Subject matter may be civil disputes, consumer disputes, family disputes, etc.
4. Local or Territorial Jurisdiction
Civil Court of different grades can entertain suits for different geographical area. A court can entertain disputes occurred in their local or territorial jurisdiction. Local Jurisdiction is fixed by the state. A District court has jurisdiction over the district, a High Court has jurisdiction over the state. Similarly other courts have their local jurisdiction.
5. Pecuniary Jurisdiction
Civil courts of different grades have jurisdiction to try suits and appeal of different pecuniary value. Every suit or appeal has pecuniary value and according to which suit is to be filed before appropriate court. A suit is valued on the basis of value of damages, compensation, property involved, or as per the court fees. Every court has a limited pecuniary value it cannot entertain suit exceeding its pecuniary jurisdiction.
Conclusion
Jurisdiction of courts is must as people who want to file a suit in different matters can go to the courts according to the subject matter of the suit. It saves time of the court so that it can prevent from the unnecessary delays.
-Isha Singh
IMS Law College, Noida
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