WHEN DOES A PERSON APPROACH A DELHI HIGH COURT LAWYERS?
The Delhi High Court stands as the head of the judiciary in the National Capital Territory of Delhi.The Delhi High Court enjoys civil, criminal, original, appellate, ordinary and extraordinary jurisdiction and it renders justice with the assistance of Delhi High Court Lawyers. The High Courts were first established in India under Indian High Court Act, 1861 at Calcutta, Bombay and Madras in 1862. At present, there are 25 High Courts in India with an appropriate number of benches in respective states.
The Delhi High Court exercise Ordinary Jurisdiction conferred on it by various statutes as well as extraordinary jurisdiction under Article 266 of the Constitution of India to issue writs and the Delhi High Court Lawyers play a pivotal role in rendering justice under such jurisdiction. Every High Court enjoys Original Jurisdiction, that is, it has the power to hear and decide the case in the first place without going to any intermediary stage, as well as it enjoys appellate jurisdiction, that is, it entertains an appeal against the verdict of a court subordinate to it. The Delhi High court also excercises original as well as appellate jurisdictio and any person may approach the Delhi High Court with the assistance of the Delhi High Court Lawyers.The procedure of the Original and Appellate Jurisdiction of the High courts is governed by its Original Side rules and Appellate side rules, respectively. Every High Court in India has its own and separate set of Original Side rules and Appellate side rules with minor differences. The Delhi High Court Lawyers abide by the Delhi High Court Rules.
HISTORY OF DELHI HIGH COURT
The Delhi High Court Act, 1966, which was passed on October 31, 1966, created the Delhi High Court and by virtue of the act the Delhi High Court has jurisdiction over the Union Territory of Delhi and Delhi High Court Lawyers assist the litigants as well as the court. Prior to independence, Punjab and Delhi fell under the purview of the High Court of Judicature at Lahore. After India gained independence, the High Court of Punjab was founded, and until the Delhi High Court Act, 1966, it had jurisdiction of Delhi through a circuit bench. According to the High Court (Punjab) Order of 1947, the High Court of Punjab has the same authority as the High Court in Lahore.
The Delhi High Court Act of 1966 establishes the High Court of Delhi, with jurisdiction, the judges’ authority, and the practises and procedures that must be followed therein. The Delhi High Court and Delhi High Court Lawyers follow the practices and procedures enshrined in High Court Rules.
In addition, Section 7 of the Act gives the Delhi High Court the authority to establish rules for the original civil jurisdiction, as it was formerly exercised by the High Court of Punjab in Delhi. This authority also extends to the practise and procedure of that jurisdiction. The Delhi High Court has periodically adopted and altered its Regulations and Orders to lay out the practise and process for the use of its Jurisdiction in accordance with the powers conferred under Sections 122 and 129 of the CPC and Section 7 of the Act. Chapter 3 of Volume 5 of Delhi High Court Rules and Regulations discusses the Delhi High Court’s jurisdiction. The Delhi High Court Lawyers abide by the changes in the High Court rules and assist the court accordingly.
THE VARIOUS TYPES OF JURISDICTION USED BY DELHI HIGH COURT
Appellate Jurisdiction of Delhi High Court and the Role of Delhi High Court Lawyers
The Delhi High Court, like other High Courts, has Appellate Jurisdiction, which refers to a court’s jurisdiction to review or reconsider a case resolved by a lower court. The appeal is filed with the assistance of Delhi High Court Lawyers and the appeals are heard by the court on appeal. The Delhi High Court has the discretion to overturn or affirm a lower court’s decision falling under the ambit of Delhi High Court. The Delhi High Court has appellate jurisdiction in both criminal as well as civil cases and the assistance of Delhi High Court Lawyers are very crucial in deciding the outcome.
Original Jurisdiction of Delhi High Court and the Role of Delhi High Court Lawyers
It applies to the Delhi High Court’s authority to take notice of cases for adjudication in the first instance. The Delhi High Court being an appellate court has the authority to consider a case that has already been handled by the lower court’s coming under the ambit of Delhi High Court; nonetheless, in the original jurisdiction, the Delhi High Court is addressed first with regard to the matters listed as advised by the Delhi High Court Lawyers.
The Original Jurisdiction of Delhi High Court includes Writ jurisdiction, as guaranteed by Article 226 of Indian Constitution. The Article 226 empowers each High Court, here the Delhi High Court, to issue directives, orders, or writs within it’s own jurisdiction in the form of mandamus, habeas corpus, quo warranto, prohibition, and certiorari for the implementation of Fundamental Rights as well as any other purpose. The Delhi High Court Lawyers assist the persons who’s legal in filing and arguing the writ petitions when, the fundamental rights have been breached.
Supervisory Jurisdiction of Delhi High Court and the Role of Delhi High Court Lawyers
The Delhi High Courts have superintendence over all lower courts and tribunals within the territory of the Delhi High Court’s authority by Article 227 of the Indian Constitution. The Delhi High Courts lawyers advice the clients, as to when the Hon’ble Delhi High Court Shall be approached under Article 227 of the Constitution of India.
The Delhi High court’s authority doesn’t really expand towards the armed forces tribunal. This gives the Delhi High Court broad rights to intervene in lower court cases in order to prevent gross injustice. The authority of superintendence is distinct from the power of appeal. The Article 227 power is unconstrained by statute and may even be employed when the tribunal’s power is pronounced definitive and conclusive. Recently, the orders of National Consumer Disputes Redressal Commission, were also challenged before Delhi High Court under Article 227 and the role of Delhi High Court Lawyers were very crucial.
Original Civil Jurisdiction of Delhi High Court and the Role of Delhi High Court Lawyers
The Delhi High Court is one of India’s four High Courts with original civil court jurisdiction over its region. Bombay, Calcutta, Madras, and Himachal Pradesh are among the other high courts with original civil side jurisdiction. There are certain pre-requisites, for approaching the Delhi High Court in Original Civil Court Jurisdiction and the Delhi High Court Lawyers, guide the clients through it.
Section 5(2) of the Delhi High Court Act,1966 authorises the Delhi High Court to have juridiction over original civil matters over the Union Territory of Delhi, in any dispute with a value greater than rupees two crores. The Delhi High Court’s pecuniary jurisdiction has been changed from time to time. The monetary jurisdiction of the High Court of Delhi was raised between Rs.20 Lakhs to Rs. 2 Crores by a new amendment in 2015. The Delhi High Court Lawyers file the suit under original jurisdiction only if the pecuniary limits are satisfied.
The original civil matters heard by the Delhi High Court include injunctions, partition, recovery suits, business disputes, disputes over intellectual property conflicts, arbitration cases, and so on. The Delhi High Court Lawyers guide the clients with respect to the subject matters with respect to which the original jurisdiction of the Delhi high court could be invoked.
Why one should approach Delhi High Court and Delhi High Court Lawyers?
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