Jurisdiction

Meaning of jurisdiction
Jurisdiction is defined as the ceiling of judicial authority or stage to which a court of law can exercise its authority over suits, cases, appeals, plaints etc. A 1921 Calcutta High Court judgement in the case of Hriday Nath Roy Vs Ram Chandra Barna Sarma sought to explain the meaning of the term ‘Jurisdiction’ in detail. An investigation of the cases in the texts shows several efforts to explain the word Jurisdiction which has been declared to be the power to hear and settle the issues of law and the certainty or the authority by which their judicial powers take knowledge of facts and decide principles or the authority to hear and settle the legal dispute or the power to hear and determine the subject matter in a dispute among the parties to a suit and to adjudicate or exercise any judicial power over them or the ability to hear, decide and declare judgement on issues before the court or the power or authority which is given to a court by government to understand and learn certainties between parties and to give a judgement into the effect or the power to enquire into the facts and circumstances to apply the law to pronounce the Judgement and put it into execution.


Hriday Nath Roy v. Ram Chandra Barna Sarma
The suit which has culminated in this testimonial sway instituted by the appellants for recovery of possession of land upon declaration of title. The Court at a first instance found in favour of the plaintiffs upon the questions, of title and possession and decree upon the suit. Upon appeal, the Subordinate Judge affirmed the findings of the Trial Court as to title and possession, but dismissed the suit on the ground that a previous suit, instituted in respect of the same subject matter, had been improperly withdrawn.

Kinds of jurisdiction
Territorial or local jurisdiction
Under this territorial or local jurisdiction, the geographical limits of a court’s authority are clearly described and specified. It cannot exercise authority beyond its geographical Or territorial limitations. For example, if a certain crime is committed in West Bengal, only the courts of law within the borders of West Bengal can hear and decide the case.

Pecuniary jurisdiction
Pecuniary means ‘related to capital.’ It applies the question of whether the court is competent to try the case of the financial value. The code allows examining the case unless the suit’s value exceeds the financial limit of the court.

Original and appellate jurisdiction
Original Jurisdiction refers to those cases which are brought up to the court at the very first instance. The matter freshly appears before the court.
Appellate Jurisdiction refers to the cases which has to be referred by the higher court. It refers to the cases that have already been decided by the lower court. The aggrieved party files an appeal in a higher court to review the matter.

General and special jurisdiction
General jurisdiction means that general courts does not limit themselves to hearing only one type of cases. This type of jurisdiction means that a court has the power to hear all types of cases. These courts generally hears all major criminal or civil cases.
Specific jurisdiction means a court has limited powers to hear cases. It limits itself to specific jurisdiction.

Aishwarya Says:

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