This document summarizes the jurisdiction of the Indian judiciary system. It discusses the jurisdiction of the Supreme Court, High Courts, and subordinate courts. It outlines the types of jurisdiction including subject matter, territorial, and pecuniary jurisdiction. It also discusses the separation of powers between judicial and executive magistrates. Finally, it provides details on the sentencing powers of different trial courts in India.
Recently there was a controversy over the transfer of the Chief Justice of the Madras High Court, Justice Vijaya Kamlesh Tahilramani, to the Meghalaya High Court. Justice Tahilramani submitted her resignation after her request for reconsideration of the transfer was rejected by the Collegium headed by the Chief Justice of India (CJI), Ranjan Gogoi, and four senior-most judges of the Supreme Court.
Recently there was a controversy over the transfer of the Chief Justice of the Madras High Court, Justice Vijaya Kamlesh Tahilramani, to the Meghalaya High Court. Justice Tahilramani submitted her resignation after her request for reconsideration of the transfer was rejected by the Collegium headed by the Chief Justice of India (CJI), Ranjan Gogoi, and four senior-most judges of the Supreme Court.
the analysis of the union and state judiciary is explained in light of the Indian constitution. importance and role of article 32 is analyzed in the light of union and state judiciary
Its a Presentation that covers Topic related to Judiciary System of India . It includes Supreme Court , High Court And Subordinate Court along Local Legal Bodies and Attorney General.
The Supreme Court of India is the premier judicial court under the Constitution of India. It is the highest constitutional court, and has the power of judicial review.
the analysis of the union and state judiciary is explained in light of the Indian constitution. importance and role of article 32 is analyzed in the light of union and state judiciary
Its a Presentation that covers Topic related to Judiciary System of India . It includes Supreme Court , High Court And Subordinate Court along Local Legal Bodies and Attorney General.
The Supreme Court of India is the premier judicial court under the Constitution of India. It is the highest constitutional court, and has the power of judicial review.
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2. Composition of the Supreme Court and High Court
3. Name of current Chief Justice of India.
3. Jurisdiction of the High Court and the Supreme Court
4. Subordinate Court
5. Access to courts
6. PIL
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WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
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Lecture 19 jurisdiction of indian judiciary system
1.
2. JURISDICTION OF INDIAN JUDICIARY
SYSTEM
By
Adv.Abhimanyu J Jadhav
B.E(I.T),LL.B,Dy.Cy.L
12/10/2020
adv.abhimanyu.jadhav@gmail.com
3. RECENT TRENDS IN LAW
CRIMINAL PROCEDURE CODE
Plea Bargaining in Criminal Cases
Plea bargaining is introduced in India by
Criminal Law (Amendment) Act, 2005.
This affects cases in which the maximum
punishment is imprisonment for seven years.
However, offenses affecting the socio-
economic condition of the country and
offenses committed against a woman or a
child below the age of fourteen are excluded.
4. RECENT TRENDS IN LAW
CIVIL PROCEDURE CODE, 1908
MEDIATION & CONCILIATION ENCOURAGED
NUMBER OF ADJOURNMENTS-3
SERVICE OF SUMMONS BY OTHER MEANS
EVIDENCE BY WAY OF AFFIDAVITS
TIME LIMIT TO PRONOUNCE JUDGEMENTS
5. NEW TRENDS IN JUDICIARY
Computerisation of Courts
Scope of PIL is being limited
Judiciary has become more open
Concept of Justice at Door-Step encouraged
Lok Adalats
Special Courts to dispose off Petty Cases
Evening Courts started in many States
6. Legal Education
At present there are two educational options for would-
be Law graduates in India.
One is a five year program, to which one can be
admitted after passing a school-leaving examination
taken after completion of 10+2.
The other is a three year program available only to
those who have already graduated with a degree in
Arts, Science or Commerce.
7.
8. Separation of Powers
In Pursuance of the scheme of separation of executive from the judiciary(u/A 50 of the Constitution) – Two
Categories of Magistrate are Created.
Judicial Magistrate _Appointed and Controlled by the High Court and Discharge Judicial Functions
Executive Magistrates – Appointed and Controlled by the state government and discharge executive
functions i.e. Maintenance of Law and Order
9. Executive Magistrate
For District – District Magistrate , Additional Magistrate , Executive Magistrates
For Sub Divisions – Sub Divisional Magistrate , Additional Sub Divisional Magistrate ,
Executive Magistrate
10. Judicial Magistrate
Justice of Supreme Courts and High Courts
Judges of District Courts ,
Metropolitan Magistrate ,
Judicial Magistrate First Class , Judicial Magistrate Second class
11. Types of Jurisdiction
Subject Matter - It means that court has the authority to hear type of case or controversy
initiated in its court.
Territorial - Every court has its own limits, fixed by the State Government, beyond which it
cannot exercise it
Pecuniary - There are a large number of civil courts of different grades having jurisdiction to try
suits or hear appeals of different amounts or value
Original or Appellate - he jurisdiction of a court may be Original and also Appellate
12. Jurisdiction of Supreme Court
Court of Record . Has Power to Punish for Contempt (A.129)
Original Jurisdiction(A.131)
Highest Court of Appeal in Country (A.132,133,134 &136)
Writ Jurisdiction(A.32)
Advisory Jurisdiction(A.143)
Law Declared by the Supreme Court is Binding Upon all Courts inIndia (A.141)
13. Jurisdiction of High Court
Court of Record. Has Power to Punish for Contempt (A.215)
Original Jurisdiction n Civil and Criminal Matters in Case of Some High Courts.
Appellate Jurisdiction in Respect of Criminal and Civil cases Decided by Subordinate Courts
Revisional Jurisdiction conferred under CPC and CrPC.
Writ Jurisdiction(A.226)
Administrative Jurisdiction over Sub. Court
14. Civil Subordinate Courts to High Court
In Cities - The subordinate courts include the District Judges, Judges of
the city civil courts, Metropolitan magistrates and members of the judicial service of
the state.
In District - The subordinate courts include District Judge , Civil Judge Senior
Division, Civil Judge Junior Division.
15. Criminal Courts Subordinate to High Court
In Cities – Sessions Court (Session Judge, Addl. Session Judge , Asst. Session Judge
) , Chief Metropolitan Magistrate Court , Metropolitan Magistrate
In District – Sessions Court (Session Judge, Addl. Session Judge , Asst. Session
Judge ) , Chief Judicial Magistrate , Judicial Magistrate Fist Class , Judicial Magistrate
Second Class.
16. Sentencing Power of Different Trail Courts
Session Judge and Add. Session Judge
Any Sentence authorised by Law But death sentence to be confirmed by the High Courts
Assistant Session Judge
Imprisonment upto 10 Years and fine Authorised by LAW
Cheif Judicial/Metropolitan Magistrate
Imprisionment upto 7 yrs and fine authorised by Law
17. Sentencing Powers of Different Trail Courts
Judicial Magistrate First Class
Imprisonment upto 3 Years and Fine not exceeding Rs.10,000
Judicial Magistrate Second Class
Imprisonment upto 1 year and Fine not exceeding Rs.5,000
18. Are you aware that...
About two-thirds of our laws have not been used in independent India.
About 10 per cent of them can be scrapped right away.
And most of the 10 per cent in use currently have so many obsolete and conflicting provisions.
The oldest law in the country has been in operation for over a century and half. The one sentence 1836
Bengal District Act empowers the Bengal government to create as many zillas as it wants. The Act still
exists.
19. Are you aware that... Cont…
Under the Indian Sarais Act, 1867, it is a punishable offence for ‘inn-keepers’ not to offer free drinking
water to passer-by.
Only about 40 per cent of our laws are in regular use. Independent India has till now found no conceivable
use for the rest.
While India badly needs efficient laws, the time spent by the law-making body on the job is unbelievably
little.
Parliament spends less than 0.6 per cent of a Lok Sabha day on law-making.
20. THANKS
Interesting Legal websites:
www.indlii.org
www.judis.nic.in
www.indiacode.nic.in
www.delhicourts.nic.in
www.legalbasket.com
www.indiacyber.net
www.supremecourtofindia.nic.in
In case of any suggestion/clarification, Pls mail at: adv.abhimanyu.jadhav@gmail.com