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INDIAN COURTS AND ITS JURISDICTION


 

INDIAN IP LAWS

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In India, justice is delivered through court of law. The Indian Constitution outlines the setup of Indian courts to administer the functioning of the laws within the country. Indian judicial system has different types of courts. The types of courts in India are given below:

 

Supreme Court:

 

The Supreme Court of India is the highest or the apex judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India. It is located in Delhi, with no other benches in any part of the country. It is presided by the Chief Justice of India.

 

Primarily, the Supreme Court is the court of appellate jurisdiction (Article 132 to 136). In case of violation of Fundamental Rights granted under the Constitution of India, a Writ petition (Article 32 (2)) can be filed in the Supreme Court of India. In addition, Supreme Court has Original Jurisdiction and advisory jurisdiction of the Supreme Court (Article 143). Tthe Supreme Court and High Courts also enjoy the power of judicial review.

 

High Court:

 

The High Court are the highest courts at the States and Union Territories level. The High Court is bound by the judgements and orders of the Supreme Court of India by precedence. There are 24 High Courts in different states of India. Additionally, the High Courts have different division benches in different parts of the respective states for speedier cheaper and effective dispensing of justice.

 

Principally, the High Court also enjoy the appellate jurisdiction (Article 225), correspondingly High Courts at Calcutta, Mumbai, Delhi and Chennai also enjoy original jurisdiction (Article 225). In case of violation of Fundamental Rights and ‘for any other purpose’ found in Article 226, an aggrieved party can approach the High Court by filing a Writ Petition.

 

Various Tribunals and Appellate Boards:

 

The Indian Judicial System also consist of many Tribunals and Appellate Boards constituted for a specific purpose. The power, jurisdiction and procedure of these forums is genrally governed by the the Stautes constituting them. Intellectual Property Appellate Board (“IPAB”) is one of the most prominent among these forums and it enjoys appellate as well as original jurisdiction in IP matters.

 

District and Session Courts:

 

Depending upon the population and the number of cases, every district in India has its own District and Sessions Court. The District and Sessions Courts are under the direct control of the High Court of the state in which the district belongs.

 

Generally, each state is divided into judicial districts presided over by a 'District and Sessions Judge'. He is known as a District Judge when he presides over a civil case, and a Sessions Judge when he presides over a criminal case. He is the highest judicial authority at district level. Constitution of courts below this level varies from state to state.

 

For more information about judicial system in India, Indian courts and jurisdiction in India please write to us at info@ssrana.com

 
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