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gitasharmaa · 2 years

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Civil Court and it's Structure in Indian Law and Order System

The Indian Judicial System is one of the oldest legal systems in the world today. It is part of the inheritance India received from the British after more than 200 years of their Colonial rule. The framework of the current legal system has been laid down by the Indian Constitution and the judicial system derives its powers from it. There are various levels of judiciary in India — different types of courts, each with varying powers depending on the tier and jurisdiction bestowed upon them. They form a hierarchy of importance, in line with the order of courts in which they sit, with the Supreme Court of India at the top, followed by High Courts of respective states with District Judges sitting in District Courts and Magistrates of Second Class and Civil Judge (Junior Division) at the bottom.

The framework of the current legal system has been laid down by the Indian Constitution and the judicial system derives its powers from it. There are various levels of judiciary in India — different types of courts, each with varying powers depending on the tier and jurisdiction bestowed upon them. They form a hierarchy of importance, in line with the order of courts in which they sit, with the Supreme Court of India at the top, followed by High Courts of respective states with District Judges sitting in District Courts and Magistrates of Second Class and Civil Judge (Junior Division) at the bottom.

What is the structure of the civil court system?

The Supreme Court of India is the apex court exercising original, appellate and advisory jurisdiction, followed by the high courts established in different states and union territories of India.

All high courts exercise appellate jurisdiction over subordinate courts established in different districts with the exception of five high courts (being the high courts at Mumbai, Delhi, Kolkata, Chennai and Himachal Pradesh) which are the first courts of instance in addition to their appellate jurisdiction.

Jurisdiction of the courts is mainly based on subject matter, territory and value of claim. Specialised courts and tribunals have been constituted under certain laws that have jurisdiction to decide matters pertaining to specific subject matters. For example, consumer forums have been established at various levels to entertain complaints under the Consumer Protection Act 1986; the National Company Law Tribunal and the Appellate Tribunal have been constituted to adjudicate on all cases arising out of the Companies Act, 2013 as well as the Insolvency and Bankruptcy Code, 2016.

Ordinarily, appeals from district courts lie before the high court in the same state and appeals from the high courts lie before the Supreme Court of India.

A Supreme Court bench usually comprises two judges in ordinary cases and larger benches are constituted for identified cases. In the high courts, the bench usually comprises a single judge or two judges. All lower court benches comprise a single judge except in the case of the Presidency Small Causes Court, where the division bench hears the appeal from a trial court’s orders.

In 1993, specialised Debt Recovery Tribunals were established for speedy disposal of the recovery cases filed by lenders against borrowers under the Recovery of Debts and the Bankruptcy Act, 1993.

In 2015, the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 was enacted, under which commercial courts in district and high courts were constituted to adjudicate disputes classified as ‘commercial disputes’.

Alternately, parties to a dispute can opt for lok adalat, which is a formal alternative dispute resolution mechanism in India. It is a forum where parties to the dispute pending before a court can settle the dispute by compromise. Awards pronounced by such forum are deemed to be decrees of the court and are binding on parties.

For complete information on Civil Court system and dispute resolution in India here is a complete detailed writeup .

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inudono · 3 years

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Mermay Day 8

The single continent of Khaital is surrounded by tropical beaches, populated by the curious merfolk hoping to catch a glimpse of the rare landwalkers.

#mermay #merfolk #mermay 2021 #mermaid #magic the gathering #May 2021 #art #illustration #artists on tumblr #inudono #fanplane #Khaital

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inudono · 3 years

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Mermay Day 5

Khaital is an ocean world with only a single notable landmass. Volcanic vents coat the ocean floor, and giant steam bubbles offer convenient transportation to the surface.

#mermay #mermay 2021 #merfolk #mermaid #magic the gathering #May 2021 #art #Illustration #artists on tumblr #inudono #fanplane #Khaital #mtg

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inudono · 3 years

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