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Jurisdiction

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Constitution & Jurisdiction of Saharsa Judgeship. Saharsa Judgeship comprises of two administrative districts i.e. Saharsa and Supaul (including Birpur Subdivision). The highest court in Saharsa Judgeship is that of the District and Sessions Judge. This is the principal court of civil jurisdiction, which derives its jurisdiction in civil matters, like other civil courts of the state. This is also a court of sessions and sessions cases are tried by this court. There are courts of Additional District & Sessions Judges, in addition to the Court of District & Sessions Judge due to the workload. The court of District & Sessions Judge and the court of Additional District & Sessions Judge have equivalent jurisdiction. These Courts exercise jurisdiction both on original as well as appellate side in civil and criminal matters arising in the District. On the criminal side, jurisdiction is almost exclusively derived from Code of Criminal Procedure. This code sets the maximum sentence which a Sessions court may award, which currently is capital punishment subject to be confirmed by the High Court under Section 366 of the Code of Criminal Procedure, 1973. The District Judge also acts as the presiding Officer of the Motor Accident Claims Tribunal dealing with the cases of Motor Accident. Beside this, certain matters on criminal or civil side cannot be tried by a court inferior in jurisdiction to a district court, if the particular enactment makes a provision to the effect. This gives the District Court original jurisdiction in such matters. In every district, the District & Sessions Judge has supervisory and administrative control over all the Judges/Judicial Magistrates, including decisions on allocation of work among them. Being the highest judge at Judgeship level, the District & Sessions Judge also enjoys the power to manage the state funds allocated for the development of judiciary in the Judgeship. The Family Courts is also established in the judgeship at the headquarters at Saharsa. This court is presided over by the officer of Higher Judicial Service Cadre. The court of Chief Judicial Magistrate, . Additional Chief Judicial Magistrate and of Judicial Magistrate Ist Class are functioning in both districts Saharsa and Supaul. On the criminal side, jurisdiction of courts is almost exclusively derived from the code of criminal procedure and these courts can award punishment as prescribed by the Cr.P.C. itself. The Chief Judicial Magistrate is subordinate to District & Sessions Judge and every other Judicial Magistrate,who is subject to the general control of District & Sessions Judge, is subordinate to the Chief Judicial Magistrate. The Chief Judicial Magistrate in consultation with District & Sessions Judge distributes the business among the Judicial Magistrate subordinate to him. Beside these Courts there are other courts subordinate to the courts of District and Sessions Judge, either at Headquarter or at outlying Subdivision in the Judgeship. These subordinate courts consist of the Courts of Civil Judge, (Senior Division), Civil Judge, (Junior Division) on the civil side. The court of Civil Judge (S.D.) is having unlimited pecuniary jurisdiction and the pecuniary jurisdiction of the Munsif is presently Rs. 30,000 and that of addl. Munsif is Rs. 20000=00. Evening Court is also functioning in Saharsa and Supaul for catering the need of litigants who could not spare time the usual working hours. The Juvenile Justice Board is also functioning in the Saharsa and Supaul. To provide the legal aid to the needy people, in every district, the District Legal Services Authority is also functioning in the chairmanship of the District Judge and establishment of State Legal Services Authority is situated at Patna to look after the work of legal literacy/legal aid in the State.