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R. Brizmohan Singh (Practising Lawyer)     27 February 2008

Summary Jurisdiction, What it is?

Dear Members,


Civil Law or a Civil Court implies regular trial based on which the admissibility or the proof of documents or its execution, the veracity of the statements of the witnesses and the contents of the documents are taken on record to give findings by the Civil Court on the rights and liabilities of the parties to the suit. In contrast, the term Summary Jurisdiction is applied to many a fora including High Courts(Writ Jurisdiction), Consumer Courts etc. Can any member help me by specifying the distinctions with which a Court under summary jurisdiction has to adjudicate and also the limitations of such courts in accepting whatever document is produced or whatever is stated in the pleadings?


 


R. BRIZMOHAN SINGH, Advocate, Hyderabad(A.P)



 8 Replies

Prakash Yedhula (Lawyer)     27 February 2008

In summary jurisdiction, the court decides by the documents and the arguments placed by both parties. A full length trial is not required in such cases to arrive at a finding.

rbrizmohan (practising lawyer)     28 February 2008

Dear Mr. Prakash, True it is. But I narrow down further. Does it mean that whatever stated in the affidavit and the contents of a photostat copy is to be accepted by the court without much ado? If not, what ought to be done by the court to examine the truthfulness of the statement, the document and the contents of the same.

Prakash Yedhula (Lawyer)     28 February 2008

Disputed questions of fact will not be gone into in the summary procedure. Even in CPC, under Chapted 37, the defendant has to make out a triable issue even to file his written statement.

Guest (n/a)     01 March 2008

very good knowledge share about in site

R. Brizmohan Singh (Practising Lawyer)     01 March 2008

In which case, the matter has to be referred to Civil Court but unfortunately the Consumer Fora are accepting the statements of the complainants without much ado and without referring to Civil Court and on the contrary, are putting on the Opposite Party the onus to disprove. Your Comments Please!

R. Brizmohan Singh (Practising Lawyer)     01 March 2008

Dear Mr. Kalpesh Anand, Thanks for joining us. You are also free to offer your comments.

g.sudarsan (n/a)     14 April 2008

By "summary trial/jurisdiction", what is meant is that elaborate provisions set out in C.P.C and Evidence will not apply in strict sense.

SANJAY DIXIT (Advocate)     17 April 2008

The term "summary jurisdiction" is applied to the special powers given by statute or rules to the High Court of Justice and to county courts for dealing with certain classes of causes or matters by methods more simple and expeditious than the ordinary procedure of an action. But the phrase in modern times is applied almost exclusively to certain forms of jurisdiction exercised by justices of the peace out of general or quarter sessions, and without the assistance of a jury.

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