Reference jurisdiction means
Querist :
Anonymous
(Querist) 12 May 2011
This query is : Resolved
Difference between reference jurisdiction & territorial jurisdiction & jurisdiction? If we say that jurisdiction means the area under which a court can hear the case or can hear the case which are under this area popularly known as jurisdiction as per law so what do u mean by territorial jurisdiction? Also which court has testamentary jurisdiction &non – testamentary jurisdiction? Does city civil court has testamentary jurisdiction & non – testamentary jurisdiction?
Thanks.
Guest
(Expert) 12 May 2011
relating to the civil jurisdiction sec 16-20 of C.P.C. deals territorial jurisdiction.
All civil courts are having testamentary and on testamentary jurisdiction based upon the pecuniary jurisdiction(valuation_of property)
city civil court has both testamentary and non testamentary jurisdiction.
in Metros the High courts has only got the testamentary jurisdiction.
reference jurisdiction is like a appeal jurisdiction and that only referred to high court .
o
Querist :
Anonymous
(Querist) 12 May 2011
Thanks For The Answer God Bless U.
In Metros the High courts has only got the testamentary jurisdiction.It means that High Courts can hear the case only related with the will cases & no other cases can be heard by him. than what about section 482 crpc & section 151 of the CPC.
Any example of reference jurisdiction.
Guest
(Expert) 12 May 2011
any question of law or usage having the force of law arises in all the stages of civil suit (including execution) the trail court can refer the matter to high court for clarification on it's own motion or on the application of parties which is specifically described in sec 113 and order 46 of C.P.C. (eg whether the criminal law amendment act 5/2009 is implemented in gazette or not? or in a specific state only )
sec. 151 of C.P.C. is civil court's inherent power to meet the ends of justice or prevent abuse of the process of the Court.
sec. 482 of criminal procedure code is is inherent powers of high court in its original criminal jurisdiction.
Querist :
Anonymous
(Querist) 13 May 2011
Thanks upto the sky limit Sir
482. Saving of inherent power of High Court.
Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order this Code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice.
So we can say that it is not applicable in appellate jurisdiction but applicable in original jurisdiction only right sir. Sir can I have the case law which say that section 482 of the crpc, 1973 is applicable in original jurisdiction & not in appellate jurisdiction. Because in the section it has not mention that weather it is applicable in original jurisdiction and not in appellate jurisdiction.
Section 151 of the CPC, 1908 is applicable to the both original jurisdiction & appellate jurisdiction. Right ?
Thanks.
