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Functioning of the High Court in india

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Functioning of the High Court in india

Functioning of the High Court in india

High Court: Structure and Functioning

Each state in India (or a group of states) has a High Court, which serves as the highest judicial authority at the state level. It functions under the framework of the Indian Constitution and plays a crucial role in upholding justice within its jurisdiction. The High Court primarily hears:

  1. Writ Petitions (under Article 226 of the Constitution) – The High Court has the power to issue writs to protect fundamental rights and for other legal purposes.
  2. Appeals from lower courts – The High Court hears appeals from subordinate courts, including Sessions Courts, District Courts, and various Tribunals.
  3. Civil and Criminal Cases – Matters involving contractual disputes, property disputes, family law issues, and criminal offenses.
  4. Public Interest Litigations (PILs) – Cases filed in the public interest, concerning issues such as environmental protection, human rights violations, corruption, and governance.
  5. Review and Revision Petitions – Cases where the High Court reviews its own judgments or revises lower court orders in exceptional circumstances.

Types of Cases That Can Be Filed Directly in the High Court

Types of Cases That Can Be Filed Directly in the High Court

  1. Writ Petitions (Article 226) – Individuals can directly approach the High Court for enforcement of their fundamental rights or other legal rights through writs such as:
    • Habeas Corpus – Challenging illegal detention.
    • Mandamus – Directing public officials to perform their duties.
    • Certiorari – Quashing unlawful orders of lower courts or tribunals.
    • Prohibition – Preventing lower courts from exceeding their jurisdiction.
    • Quo Warranto – Challenging the legality of an individual’s authority in a public office.
  2. Public Interest Litigation (PILs) – Citizens can file PILs in cases where public interest is affected, such as environmental concerns, governance issues, and human rights violations.
  3. Criminal and Civil Appeals – If a substantial question of law arises, individuals can appeal directly to the High Court from lower courts.
  4. Company Law Matters – Cases related to corporate insolvency, mergers, demergers, and winding up of companies.
  5. Election Disputes – Challenges to election results of Members of Legislative Assembly (MLAs) and Members of Parliament (MPs).
  6. Arbitration Cases – Appeals under the Arbitration and Conciliation Act, 1996, in commercial disputes.

“Functioning of the High Court in india”

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