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Friday, April 26, 2013

What are the ordinary jurisdiction of High Court Division?

Jurisdiction of High Court Division:

The High Court Division is the superior forum of first instance having general jurisdiction. It has the onerous responsibility of seeing how laws throughout the country in interpreted and applied by all courts subordinate or inferior to it. The jurisdiction of High Court Division flows from to sources, namely Constitutional and ordinary laws. So the jurisdictions of High Court Division are divided into two categories: Ordinary or general jurisdiction and Constitutional jurisdiction.

Ordinary Jurisdiction of High Court division:
An ordinary law is known as statutory law or Act of parliament. All laws are ‘ordinary law’ which is not Constitutional law. Ordinary laws are providing some jurisdiction to the High Court Division, which are called ordinary or general jurisdiction. The ordinary or general jurisdiction of High Court Division can be divided under four major heads, they are following types:

1.   Original jurisdiction:
Original jurisdiction means that jurisdiction whereby it can take a case or suit as a court of first instance. It is for ordinary laws (laws passed by parliament) to prescribe what particular subject matter will come under the ordinary jurisdiction of the High Court Division.

Generally the company cases under the Company act, 1993;
Maritime cases under Admiralty Act, 1861;
Matrimonial cases under the Divorce Act, 1925;
Banking dispute under Banking company’s Ordinance, 1962;
Cases under the Trade Marks Act, 1940;
Cases under the Succession Act, 1925 etc. are directly heard by the High Court Division; backed up under the laws passed by parliament.

2.   Appellate Jurisdiction:
An appeal of subordinate civil and criminal shall lies to the High Court Division. This depends primarily upon the valuation of the suit. First appeal lies to the High Court Division in those case where the valuation of the suits or proceeding exceeds taka twenty thousand. Besides trying first appeals, so long the High Court Division also heard appeals from appellate decree called Second Appeals.  Appellate jurisdiction of High Court Division may be conferred upon the High Court Division, e.g., Criminal Procedure Code & Civil Procedure Code has conferred on the HCD appellate jurisdiction. In addition to the subordinate courts, appeals from the tribunals under the following acts are also under the jurisdiction of the High Court Division:

Artha Rin Adalat Act, 2003;
Bankruptcy Act, 1997;
Special Powers Act, 1974;
Suppression of Repression of Women and Children Act, 2000;
Public Safety Act, 2000;
Acid Offence suppressions Act, 2002;
The Speedy Trail Tribunal Act, 2002 ;
There are many more provisions under a good number of others acts, appeals of which also come to the High Court Division.

3. Revisional Jurisdiction:
Rivisional power may be conferred upon the High Court Division, to examine the decision or orders of the subordinate courts. For example section 115 of the CPC has conferred on the HCD the revisional power. So High Court Division has the power of revising orders passed by the subordinate civil courts in cases in which no appeal lies thereto. The conditions precedent to exercise of revisional power by the High Court Division is that there must be a case decides by a subordinate court, no appeal must lies to High Court Division against that decision, and in deciding the case the subordinate court must have committed an error of law apartment on the face of the record.

4. Reference Jurisdiction:
If in a suit appeal or execution case in which the decree is not applicable, a question of law arises where the court concerned entertains a reasonable doubt, it may suo moto or on application of nay party, refer the matter for the opinion of the High Court Division. Reference jurisdiction of the High Court Division can give opinion and order on a case referred to it by any subordinate court, e.g., section 113 of the CPC gives the HCD reference jurisdiction.