Constitution of India: In What kind of cases High court directly [not the appeal againstĀ district courts (session or civil)] considers case..?
-
then what kind of cases go first to district level courts and then to HC for appeal..?
-
Answer:
Under the Writ Jurisdiction anyone can approach directly High Court (or even Supreme Court) without having to appeal to the lower courts. Premises of Writ Jurisdiction: In case a person feels that any of his fundamental rights have been violated, he can directly approach High/Supreme court to get his rights restored. Court can then issue special orders known as writs: Habeas Corpus: A writ of habeas corpus means that a arrested person is presented before court. It can also set a person free if manner or ground of arrest are unlawful and unsatisfactory. Mandamus: This writ is issued if court feels that a particular office holder is not doing his legal duty and infringing upon rights of an individual. Prohibition: Issued when the court feels that lower court have gone beyond their jurisdiction power. Quo Warranto : If court finds that a person is holding an office but is not entitled to hold the office court can issue writ prohibiting that person from acting as an office holder. Certiorari: Under this writ court can orders a lower court to transfer case pending before to higher authority or court. Normal hierarchy of any case flow in India is Subordinate Court > District Court > High Court > Supreme court given that the case originates in the area where court has jurisdiction power, i.e a district court can not deal with a case involving Union of India on one side and a State on other side and such similar cases. Cases move up the hierarchy through the Appellant Jurisdiction wherein a person can appeal a higher court if he is not satisfied with the decision of lower court.
Devendra Kumar at Quora Visit the source
Related Q & A:
- Where Is The Ap High Court?Best solution by hc.ap.nic.in
- Where Is The High Court In Ap?Best solution by hc.ap.nic.in
- What kind of jobs are in high demand?Best solution by Yahoo! Answers
- What kind of high was Merle on??
- Does a federal court have jurisdiction, what kind?Best solution by ChaCha
Just Added Q & A:
- How many active mobile subscribers are there in China?Best solution by Quora
- How to find the right vacation?Best solution by bookit.com
- How To Make Your Own Primer?Best solution by thekrazycouponlady.com
- How do you get the domain & range?Best solution by ChaCha
- How do you open pop up blockers?Best solution by Yahoo! Answers
For every problem there is a solution! Proved by Solucija.
-
Got an issue and looking for advice?
-
Ask Solucija to search every corner of the Web for help.
-
Get workable solutions and helpful tips in a moment.
Just ask Solucija about an issue you face and immediately get a list of ready solutions, answers and tips from other Internet users. We always provide the most suitable and complete answer to your question at the top, along with a few good alternatives below.