- Who are Competent to Contract?
- TRIPS Agreement: Meaning and Scope
- Trademarks Law & Legislation in India
- Trademark Protection for 3D Mark
- Trademark Infringement and Attempts to Pass Off
- Specific Performance in Contracts
- Remedies of Breach of Contract
- Protection of Pattern Mark in India
- Protecting Hologram Trademark in India
- Privileged Communication: Meaning and Types
- Pradhan Mantri Matsya Sampada Yojana (PMMSY)
- Parole: Definition and Meaning
- National Water Mission (NWM)
- National Steel Policy, 2017
- National River Conservation Plan, 1995
- National Policy for Women, 2016
- National Pharmaceutical Pricing Authority (NPPA)
- National Mission for a Green India (GIM)
- National Health Policy
- National Energy Policy (NEP)
- National Education Policy, 2020 (NEP)
- National Civil Aviation Policy
- National Bamboo Mission
- National Afforestation and Eco-Development Board (NAEB)
- National Action Plan on Climate Change
- Mortmain: Definition and Meaning
- Mines Rules, 1955
- Mineral Conservation and Development Rules, 1988
- Mineral Concession Rules, 1960
- Metal Elements in Tort Law
- Homosexuality and Law in India
- Hazardous Wastes (Management and Handling) Rules, 1989
- Frustration of Contract
- Force Majeure: Definition and Meaning
- Fair Use of Trademark
- Express and Implied Promise: Indian Contract Act
- Estoppel: Meaning and Types
- Elements of Torts
- Digital Signature: Meaning and Types
- Demise: Definition and Meaning
- Defences to the Tort of Negligence
- Confession: Meaning and Types
- Conditions and Warranties
- Communication when Complete: Indian Contract Act
- Coercion: Definition and Meaning
- Central Consumer Protection Authority
- Burden of Proof: Definition and Meaning
- Biodiversity and Intellectual Property Rights
- Bail Vs Parole
- Advertising Standards Council of India (ASCI)
- Advertising Law in India
- World Intellectual Property Organization: WIPO
- Well-known Trademark in India
- Wages: Definition and Meaning
- Unorganized Workers & Labour Laws
- Unfair Labour Practices
- Transfer Petition under CPC
- Transfer of Cases under CrPC
- Trademark Protection for Sound Mark
- Trademark Protection for Smell Marks
- Trademark Protection for Slogans and Taglines
- Trademark Protection for Motion Mark
- Trademark Protection for Domain Name in India
- Trademark Protection for Colour Marks
- Trademark Protection for Collective Mark
- Trademark Dilution: Meaning and Application
- Trademark Assignment and Licensing
- The Protection of Women from Domestic Violence Act
- Stalking: Definition and Meaning
- Role and Function of Public Prosecutor
- Revenue Court in India
- Remedies Under Tort Law
- Purpose of Labor Legislation in India
- Protection of Well-known Trademarks
- Promises of Marriage an Excuse of Rape
- Presumption: Meaning and Types
- Powers of Executive Magistrate
- Passing off Action: Definition and Meaning
- Oral and Documentary Evidence: Definition and Meaning
- Nyaya Panchayat: Meaning and Function
- Negotiable Instrument: Meaning and Types
- Labour Policy in India
- Judicial Infrastructure and Pendency in Trial Courts
- Indirect Infringement: Definition and Meaning
- False Advertising: Definition and Meaning
- Evolution of Wages Law in India
- E-filing: Meaning & Application
- Dying Declaration: Meaning and Definition
- Domestic Violence: Meaning and Types
- Direct Infringement: Definition and Meaning
- Digital Evidence: Meaning and Sources
- Difference between Joint Hindu Family and Coparcenary
- Difference between Decree and Order
- Difference Between Civil Law and Criminal Law
- Delegated Legislation in India
- Cybersquatting: Definition and Meaning
- Curative Petition: Definition and Meaning
- Counterfeiting: Definition and Meaning
- Contract Labour: Definition and Meaning
- Child Labour: Meaning and Causes
- Child Abuse and Protection Laws
- Admission: Definition and Meaning
- Women and Labour Laws
- Water Policies in India
- Water Law: Definition and Meaning
- Waste Management Law
- Universal Copyright Convention: Definition and Application
- Trade-Secret: Definition and Meaning
- Trademark: Definition and Meaning
- Trademark Search Clearance: Meaning and Types
- Trademark Registration: Meaning and Process
- Trademark Protection of the Trade Dress
- Trademark Opposition: Meaning and Application
- Trademark Infringement: Meaning and Types
- The Berne Convention: Meaning and Application
- Strict Liability: Definition and Meaning
- Sociology of Law: Definition and Meaning
- Sessions Court in India
- Second Marriage in Hindu Law
- Replevin: Definition and Meaning
- Quasi-Judicial Body: Definition and Meaning
- Products Liability: Definition and Meaning
- Patentable Subject Matter: Definition and Meaning
- Patentability Criteria
- Patent Infringement: Definition and Meaning
- Parsi Personal Law in India: An Overview
- Paris Convention for the Protection of Industrial Property
- Muslim Personal Law: Meaning and Sources
- Mining Law: Definition and Meaning
- Major Legislation on Forest Law
- Lok Adalat: Definition and Meaning
- Lien: Definition and Meaning
- Legal Rights: Definition and Meaning
- Legal Culture: Definition and Meaning
- Legal Code: Definition and Meaning
- Labour Laws Throughout the World
- Invasion of Privacy: Definition and Meaning
- International Labour Organisation
- Good Faith: Definition and Meaning
- Geographical Indication: Definition and Meaning
- Geographical Indication Tag: Definition and Meaning
- Game Laws: Definition and Meaning
- Fraud: Meaning and Definition
- Forestry Law: Definition and Meaning
- Forest Policies in India
- Fisheries Policies in India
- Fisheries Law: Definition and Meaning
- False Imprisonment: Definition and Meaning
- Elements of Patentability
- Duration of Patent
- Dossier: Definition and Meaning
- Doctrine of Laches: An Analysis
- Divorce in Indian Law
- Designs: Definition and Meaning
- Defences Against Infringement
- Defamation in Cyber world
- Death Penalty: Definition and Meaning
- Cyber Extortion: Definition and Meaning
- Culprit: Definition and Meaning
- Contributory Infringement: Definition and Meaning
- Chattel: Definition and Meaning
- By-Laws: Definition and Meaning
- Bailable and Non-Bailable Offence
- Animal Laws in India: An Overview
- Amicus Curiae: Definition and Meaning
- Air Quality Law: Definition and Meaning
- Narcotic Drugs Law: Meaning and Application
- Alternative Dispute Resolution: Meaning & Significance
- Substantive Law: Meaning and Significance
- Schools of Jurisprudence: Meaning & Types
- Procedural Law: Meaning and Significance
- Maritime Law: Meaning and Application
- Legitimacy of Children of Void and Voidable Marriages
- Law of the Sea: Meaning and Application
- Election Laws in India
- Tax Law: Meaning & Application
- Sources of Human Rights Law
- Legal Treaties: Meaning & Significance
- Environment Law: Meaning and Significance
- Consumer Law: Meaning and Significance
- Competition Law: Meaning & Application
- Banking Law: Meaning & Applicability
- Aviation Law: Meaning & Applicability
- Antitrust Law: Meaning & Applicability
- Indian Constitutional Law: Meaning & Significance
- District Courts: Meaning & Classification
- All India Bar Examination: Meaning & Purpose
- Labour Law: Meaning & Significance
- Differences between Private Law and Public Law
- Customary Law: Meaning & Significance
- Contract Law: Meaning & Application
- Constitutional Law: Meaning and Significance
- Absolute Liability: Concept and Significance
- Criminal Law: Meaning and Significance
- Religious Law: Meaning & Examples
- Philosophy of Law: Meaning and Characteristics
- Morality and Justice
- Law: Definition and Meaning
- Evolution of the Law
- Classification of Law
Bare Acts of India
- Delhi Shops and Establishment Act
- Trade Union Act: An Overview
- Employment Exchanges (Compulsory Notification of Vacancies) Act: An Overview
- Factories Act: An Overview
- Employees State Insurance Act: An Overview
- Employee Provident Fund and Miscellaneous Provisions Act: An Overview
- Apprentices Act: An Overview
- Whistle Blowers Protection Act: An Overview
- Transfer of Property Act: An Overview
- Trademark Act: An Overview
- The Family Courts Act: An Overview
- Specific Relief Act: An Overview
- Societies Registration Act, 1860
- Securities and Exchange Board of India Act: An Overview
- Right to Information Act: An Overview
- Regulation of Narcotic Drugs Act
- Registration of Births and Deaths Act: An Overview
- Recovery of Debts Due to Banks and Financial Institutions Act: An Overview
- Provincial Small Cause Courts Acts: An Overview
- Protection of Children from Sexual Offences Act: An Overview
- Negotiable Instruments Act: An Overview
- Narcotic Drugs and Psychotropic Substances Act: An Overview
- Motor Vehicle Act: An Overview
- Minimum Wage Act: An Overview
- Mental Healthcare Act, 2017
- Medical Termination of Pregnancy Act: An Overview
- Lokpal and Lokayukta Act: An Overview
- Information Technology Act: An Overview
- Industrial Disputes Act: An Overview
- Indian Trusts Act: An Overview
- Indian Stamp Act: An Overview
- Indian Christian Marriage Act: An Overview
- Income Tax Act: An Overview
- Hindu Adoptions and Maintenance Act: An Overview
- General Clauses Act: An Overview
- Food Safety and Standards Authority of India (FSSAI)
- Court-fees Act: An Overview
- Court Contempt Act: An Overview
- Code of Criminal Procedure: An Overview
- Citizenship Act: An Overview
- Chit Funds Act: An Overview
- Banking Regulation Act: An Overview
- The Arms Act: An Overview
- The Commercial Courts Act: An Overview
- The Companies Act: An Overview
- The Water (Prevention and Control of Pollution) Act: An Overview
- The Unlawful Activities (Prevention) Act: An Overview
- The Transgender Persons (Protection of Rights) Act: An Overview
- Rights of Persons with Disabilities Act: An Overview
- The Patent Act: An Overview
- The Passports Act: An Overview
- The Hindu Succession Act: An Overview
- The State Bank of India Act: An Overview
- The Reserve Bank of India Act: An Overview
- The National Green Tribunal Act: An Overview
- National Commission for Minorities Act: An Overview
- The Copyright Act: An Overview
- The Air (Prevention and Control of Pollution) Act: An Overview
- The Central Goods and Services Tax: An Overview
- The Advocates Act: An Overview
- The Registration Act: An Overview
- The Wildlife Protection Act: An Overview
- The Customs Act: An overview
- The Airports Authority of India Act: An Overview
- Mines and Minerals Act: An Overview
- The Muslim Personal Law (Shariat) Act: An Overview
- The Legal Services Authorities Act: An Overview
- The Indian Succession Act: An Overview
- The National Security Act of 1980
- The Hindu Widow Remarriage Act: An Overview
- The Essential Commodities Act: An Overview
- The Environment Protection Act: An Overview
- The Charitable and Religious Trust Act: An Overview
- The Arbitration and Conciliation Act: An Overview
- Mental Health Act: An Overview
- The Consumer’s Protection Act: An Overview
- Anti-Hijacking Act: An Overview
- The Right of Children to Free and Compulsory Education Act: An Overview
- The Prevention of Corruption Act: An Overview
- The Maternity Benefit Act: An Overview
- The Indian Waqf Act: An Overview
- Payment of Gratuity Act: An Overview
Civil Procedure Code
- Temporary Injunction: Meaning & Application
- Suits by Indigent Persons: Meaning and Significance
- Stay Order: Meaning and Application
- Decree: Meaning and Types
- Bar to Jurisdiction: Meaning and Types
- Summary Suits: Meaning & Application
- Importance of Plaint in Civil Proceedings
- Malicious Prosecution: Meaning & Remedy
- Judgment and its Content
- Code of Civil Procedure: Meaning & Significance
- Procedure of Institution of Civil Suits
- Inherent Powers of the Civil Court
- Hierarchy of Civil Courts and Their Jurisdiction
- Ex-parte Proceeding of Suit: Meaning & Consequence
- Dismissal of Suit: Reason & Remedy
- Appearance and Non-Appearance of Parties
- Res Judicata: Meaning and Application
- Transfer of Suits Under the Civil Procedure Code
- Can Plaintiff Withdraw the Suit?
- Parties to the Suit: Civil Procedure Code of India
Constitutional Law
- Parliament: Meaning and Constitution
- Fraternity: Definition and Meaning
- Financial Bill: Meaning and Types
- Equality: Definition and Meaning
- Election Commission of India
- Constituent Assembly
- Whip in Indian Political System
- Procedure Established by Law: Definition and Meaning
- Fundamental Rights and the Indian Constitution
- Fundamental Duties and the Indian Constitution
- Freedom of Speech and Expression
- Freedom of Religion: Definition and Meaning
- Free Legal Aid: A Constitutional Provision
- Habeas Corpus: Definition and Meaning
- Impeachment: Meaning and Procedure
- Judiciary: Definition and Meaning
- Protection against Arrest and Detention
- Right Against Exploitation: Definition and Meaning
- Veto Power of the Indian President
- Separation of Judiciary from Executive
- Right to Life and Personal Liberty: Article 21
- Right to Education: As a Fundamental Right
- Executive: Definition and Meaning
- Directive Principles of State Policy and Constitution
- Difference Between Fundamental Rights and Fundamental Duties
- Constitution Bench: Definition and Meaning
- Citizenship In India: Part II of the Constitution
- 73rd Amendment Act: Panchayati Raj System
- House of People: Meaning and Composition
- Legislature: Meaning and Types
- Minorities: Meaning and Types
- Legal Aid in India
- Writs: Meaning and Types
- The High Court and Its Judges
- Statutory Law: Meaning and Significance
- Separation of Powers: Definition and Meaning
- Rights of an Arrested Person
- Preamble: Definition and Meaning
- Jurisdiction of Supreme Court of India
- Judicial Review: Meaning and Significance
- Freedom of Speech: Definition and Meaning
- Federalism in India
- Attorney General of India: Meaning and Role
- Amendments of the Constitution
- Advocate General: Meaning and Role
Jury & Judge
- 曼达科拉图尔帕坦加利萨斯特里:印度前首席法官
- H.L. Dattu: Former Chief Justice of India
- Lalit Mohan Sharma: Former Chief Justice of India
- Sudhi Ranjan Das: Former Chief Justice of India
- Sharad Arvind Bobde: Former Chief Justice of India
- Sarv Mittra Sikri: Former Chief Justice of India
- Sarosh Homi Kapadia: Former Chief Justice of India
- Rangnath Misra: Former Chief Justice of India
- P.B. Gajendragadkar: Former Chief Justice of India
- Nuthhalapati Venkata Ramana: Former Chief Justice of India
- Konakuppakatil Gopinathan Balakrishnan: Former Chief Justice of India
- Koka Subba Rao: Former Chief Justice of India
- Kamal Narain Singh: Former Chief Justice of India
- Kailas Nath Wanchoo: Former Chief Justice of India
- Justice A.N. Ray: The Former Chief Justice of India
- Jayantilal Chhotalal Shah: Former Chief Justice of India
- Jagdish Sharan Verma: Former Chief Justice of India
- Indira Banerjee: Former Justice of the Supreme Court
- H.J. Kania: First Chief Justice of India
- Fathima Beevi: The First Female Justice of the Supreme Court
- Dhananjaya Yashwant Chandrachud: 50th Chief Justice of India
- Amal Kumar Sarkar: Former Chief Justice of India
- Adarsh Sein Anand: Former Chief Justice of India
- Prafullachandra Natwarlal Bhagwati: Former Chief Justice of India
- Mohammad Hidayatullah: Former Chief Justice of India
- Mirza Hameedullah Beg: Former Chief Justice of India
- U.U. Lalit: Former Chief Justice of India
- Vishweshwar Nath Khare: Former Chief Justice of India
- V. R. Krishna Iyer: Former Justice of the Supreme Court
- Yogesh Kumar Sabharwal: Former Chief Justice of India
陪审团与法官
陪审团和法官
- 布凡纳什瓦尔·普拉萨德·辛哈:前印度最高法院法官
- Engalaguppe Seetharamiah Venkataramiah:印度前最高法院首席大法官
- 布平德·纳特·基尔帕尔:印度前首席法官
- 阿尔塔马斯卡比尔:印度前首席大法官
- Jagdish Singh Khehar:印度前首席大法官。
- 杜帕克·米什拉:印度前首席大法官
- Ranjan Gogoi: 印度前首席大法官
陪审团和法官 (péi shěn tuán hé fǎ guān)
陪审团与法官 (Péi shěn tuán yǔ fǎ guān)
The Constitution grants the Supreme Court a wide range of jurisdictional and executive authority. It functions as both a federal court, similar to the US Supreme Court, and a final court of appeal, similar to the British House of Lords (the Upper House of the British Parpament). It also serves as the final arbiter, keeper, and protector of the rights of the people under the Constitution. Additionally, it has advisory and governing authority.
What is Jurisdiction?
The Latin roots of the word "jurisdiction" are "juris," which means "law," and "dicere," which means "to speak." As a result, the scope of the Supreme Court’s hearing to consider cases and resolve disputes defines jurisdiction in its entirety. The Supreme Court is regarded as the last interpreter and guardian of the Indian constitution because it is the pinnacle of the country s judicial system and is responsible for upholding the rule of law and the country s constitution.
The Supreme Court has been granted a very broad range of enormous jurisdictional rights by the constitution. It also has supervisory and advisory functions. Articles 124 to 147 of the Indian Constitution define the Supreme Court s constitutional authority and jurisdiction. The Supreme Court of India serves as both a final court, similar to the British House of Lords, and a federal court, similar to the Supreme Court of the United States.
What is Supreme Court?
The Constitution of the Repubpc of India designates the Supreme Court of India as the highest court in the country and its supreme judicial authority. Being the oldest constitutional court, it has the final say in all cases, with the exception of those involving personal laws, and it also has the authority to conduct judicial reviews.
All lower courts must follow the rupngs of India s Supreme Court because it is the highest court in the nation.
It serves as both the final court of appeals and the final interpreter of the Constitution. Because of these immense powers, many people have referred to it as one of the most powerful tribunals in the world. The Indian Constitution serves as its foundation.
What are Jurisdictions of Supreme Court?
The Supreme Court was quoted as saying by Alladi Krishnaswamy Ayyar, a member of the constitution-drafting committee, "The top court of India has more powers than any other supreme court in any region of the world." The Supreme Court s authority can be categorized in the following ways:
Original Jurisdiction
The Supreme Court s original jurisdiction is confirmed under Article 131 of the Indian Constitution. As a federal court, it has exclusive initial jurisdiction over any disputes involving several Indian federation states. These disagreements are:
The Union Government | One or more state governments |
One-to-one state government | Or more state governments |
There must be a relevant question of legal rights raised by the disputes covered by this article. The disputes covered by this article may not be brought before any other court. The Apex Court was granted such broad power by the Constitution s framers in order to ensure that cases of this nature were finally resolved by the federal government s top court.
A treaty, agreement, or other similar instrument may, according to the caveat in Article 131, exclude the Supreme Court s jurisdiction. Section 204 of the Government of India Act, 1935, which is the purported basis for this article, is cited.
In addition, the phrasing of Article 131 suggests that it must be interpreted in conformity with and "subject" to other constitutional requirements. As a result, the original jurisdiction under Article 131 may be pmited by other constitutional provisions, such as those deapng with disagreements over the management and distribution of interstate river waters (Article 260) or presidential recommendations to the Finance Commission (Article 280).
Writ Jurisdiction
According to the Indian Constitution, the Supreme Court is the guardian and protector of the citizens basic rights. Under Article 32 of the Indian Constitution, the Supreme Court is authorized to issue writs in order to enforce the nation s fundamental rights. The Supreme Court has the authority to issue the following writs, including:
Habeas Corpus: In order to determine whether the imprisonment is legitimate or unlawful, a Writ is issued directing the detainee s appearance before the court. The 44th Constitutional Amendment has the effect of allowing the writ of habeas corpus to be issued during times of emergency as well because it states that Article 21 cannot be suspended, even during times of a state of emergency.
Quo warranto: A court issues this writ to a pubpc official, demanding that he defend the legitimacy of his conduct. The pubpc official must provide evidence of his legitimacy in order to hold the position and exercise its functions. Typically, this injunction is filed against executives who occupy pubpc offices.
Mandamus: This writ is issued by the court to order a pubpc servant to resume performing his pubpc duties. It is important to remember that this writ cannot be filed against an inspanidual, a high court chief justice, the President of India, or the governor of any state.
Prohibition: The Court issues this writ to stop a subordinate court from going beyond its authority, usurping it, or acting unlawfully. When a subordinate court decides to try a case that is outside of its purview, this writ is issued.
Certiorari: The Court is empowered to issue the writ of certiorari, therefore setting aside or quashing the Subordinate Court s erroneous decision, when it rules on a matter that is beyond of its purview or when it does so in a manner that is contrary to natural justice principles.
When a common case is pending before two or more high courts, or before the Supreme Court and one or more high courts, the Supreme Court may withdraw the matter from the high court and continue to resolve it on its own if it determines that it is of pubpc significance.
Appellate Jurisdiction
The Supreme Court is the highest court in India and a federal court, making it clear that its role is essentially that of an appeals court for decisions made by lesser courts and tribunals. The Indian Constitution s Articles 132 and 133 create the Supreme Court s appellate jurisdiction. The Supreme Court has more extensive appeal authority, which can be spanided into four groups:
Appeals in Constitutional matters: In constitutional disputes, an appeal against a high court judgment may be filed with the Supreme Court if the high court certifies that the case presents a significant legal question that requires constitutional interpretation.
On the basis of the certificate, the opposing party may file an appeal with the Supreme Court, arguing that the issue was improperly decided.
Appeals in Civil matter: Any decision made by a high court in a civil case may be appealed to the Supreme Court if the high court certifies:
That a significant legal issue of wide significance is present in the case;
The issue necessitates a rupng from the Supreme Court.
Appeals in Criminal matter: If a high court rules in a criminal matter and there is an appeal, the Supreme Court will hear it.
Reversed a judgment of acquittal and, after an appeal, sentenced the defendant to death;
Has taken any matter from any inferior court, found the defendant guilty, and given him the death penalty; or
Attests that the appeal is appropriate in this circumstance.
Appeals by Special leave: The Supreme Court, with the exception of miptary tribunals and court-martial, has the discretion to give special leave to appeal any decision made by any court or tribunal in the nation.
The following are the four components of this clause:
It cannot be asserted as a right because it is a discretionary authority.
It may be granted in any conclusive or prepminary judgment.
It could be concerning the constitution, civil or criminal law, income taxes, labor, revenue, lawyers, or anything else.
It is not pmited to high courts and may be awarded against any court or body (except in the case of a miptary court).
Advisory Jurisdiction
The Apex Court is granted advisory jurisdiction under Article 143. The President has the authority to sopcit the Supreme Court s advisory opinion on any issue of law or fact that affects the pubpc if he or she bepeves it would be beneficial to do so.
The Government of India Act, 1935, also gave rise to the advisory jurisdiction, much pke the original jurisdiction did. The Government of India Act, 1935, Section 213(1), estabpshed the Federal Court s advisory jurisdiction. Article 143 of the Constitution contains the core of this section.
It is important to remember that the Court s jurisdiction under Article 143 is only advisory in nature and does not have any legal effect on the President or the Government. The Court just expresses to the President its judgment on the subject at hand without issuing any orders or decrees.
Conclusion
In India, the Supreme Court is at the apex of the court system. It has extensive authority and is in charge of upholding the rule of law in the nation and reining in the excesses of the legislative and executive branches. It is obvious that the Supreme Court was granted the same authority as the Federal Court and the Privy Council had. Parpament has the power to give the court even more expansive legal authority. The inherent authority of the Court, however, cannot be restricted or pmited by any Act of Parpament.
FAQs
Q1. What are the jurisdiction of Supreme Court and High Court?
Ans. The Supreme Court also estabpshes the high court s jurisdiction for appeals, which may involve a variety of topics. The high courts of various states appeal issues involving criminal law or civil law to the Supreme Court.
Q2. What is the jurisdiction of the Supreme Court of India?
Ans. Original, appellate, advisory, review, inherent, and extraordinary jurisdiction are the six categories of jurisdiction available to the Supreme Court.