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Jurisdiction of Judgeship Champawat.

Page Type

Jurisdiction

The District Court or Additional District court exercises jurisdiction both on original side and appellate side in civil and criminal matters arising in the District. The territorial and pecuniary jurisdiction in civil matters is usually set in concerned state enactments on the subject of civil courts. On the criminal side, jurisdiction is exclusively derived from the criminal procedure code. As per this code the maximum sentence a Sessions Judge of district court may award to a convict is capital punishment.

The district court has appellate jurisdiction over all subordinate courts situated in the district on both civil and criminal matters. Subordinate courts, on the civil side (in ascending order) are, Junior Civil Judge Court, Principal Junior Civil Judge Court, Senior Civil Judge Court (also called sub-court). Subordinate courts, on the criminal side (in ascending order) are, Second Class Judicial Magistrate Court, First Class Judicial Magistrate Court, Chief Judicial Magistrate Court.

Certain matters on criminal side or civil side cannot be tried by a lesser court than a district court. This gives the District Court original jurisdiction in such matters.

  Appeals from the district courts lie to the High Court of the concerned state.

 

 

 

INFORMATION RELATING TO JURISDICTION OF THE VARIOUS COURTS OF THE JUDGESHIP CHAMPAWAT

 

SL. NO.

NAME OF THE COURT

CIVIL/CRIMINAL

TERRITORIAL JURISDICTION

PECUNIARY JURISDICTION

 

 

 

 

 

 

1.

 

 

 

 

 

 

District and Sessions Judge, Champawat

1-Civil   

Entire Revenue District Champawat

                                                     A-District Judge-

  1. (Entire Revenue District Champawat)

  2. Pecuniary Jurisdiction is lies as per Sec. 18 of Bengal, Agra and Civil Court Act-1887 as amended from time to time.

  3. To decide the civil Suits of unlimited Valuation U/S 92 of Civil Procedure Code.

  4. To decide the case related Motor Accident Claim cases Act cases.

  5. To decide cases under Garudian and Wards Act.

  6. To mediate, arbibate and consolidate all suits proceeding pending before the court as civil revisions empowerded per Sec. 59 of CPC.

  7. Power empowered as per Sec. 21 fo Bengal. Arga and Civil Court Act 1887 for civil Appeal up to his pecuniary jurisdiction.

  8. Power empowered as per Sec. 115 of Code of Civil Procedure for Civil revision.

  9. All others civil cases as per Acts.

            B-Judge Small Cause Court-

(Entire Revenue District Champawat)

  1. Pecuniary Jurisdiction lies as per Sec. 15 of Provincial Small Casue Court Act-1887 as amended from time to time.

  2. Suits valuation more than Rs. 25001 to unlimited.

  3. Power impowered as per Sec. 24 of Provincial Small cause Court Act-1887 as amended from time to time for Appeal. At present

  4. Rs. 25000-00 to Rs. 500000-00

2-Criminal

Entire Sessions Division Champawat

                                 B-Session Judge/Special Sessions Judge-

(Entire Sessions Division Champawat)

  1. All the Cases trial by the Sessions Judge as defined under Cr.P.C. to tries Sessions Cases.

  2. Power empowered for Special Sessions Trail cases as per Sec. 36A of NDPS Act.

  3. Power empowered for Special Sessions Trail as per SC/ST Act.

  4. Power empowered for Special Session Trail cases as per Sec. 36 - A & B of Drugs and Cosmetics Act.

  5. Power empowered for Special Session Trail cases as per Sec. 135 Electricity Act.

  6. All other Sessions Trails under his Jurisdiction.

  7. To decide the appeal againgst the Judgements in any criminal case delivered by the Magistrate.

  8. To decide Criminal Revisions.

  9. To dispose the Misc. Criminal Appeals.

  10. To dispose of the Bail Applications, trial by the Sessions Court.

  11. To decide all other cases related to Sessions Court.

2.

Chief Judicial Magistrate, Champawat

1-Criminal

Entire District Champawat

     (Entire District Champawat)

  1. To decide all the Criminal Case trial by the Magistrate 1st Class as empowered under Cr. P.C. Various Acts and Special Acts.

  2. To distribute the criminal work among all criminal court in the district under his Supervision.

  3. To dispose of the Bail and remand Applications trail by Magistrate-1st Class.

  4. To impose sectences of 10 years in the criminal case with in his jurisdiction as empowered Under Cr.P.C.

  5. All other criminal cases under his jurisdiction .

3.

Civil Judge (Senior Division) Champawat

1-Civil

Entire   District Champawat

                        Civil Judge (Sinor Division)-

                        A-  Unlimited Entire Revenue District-Champawat)

  1. Pecuniary Jurisdiction is lies as per Sec. 18 of Begal, Agra and Civil Court Act 1887 as amended from time to time. At present Suits vluation from Rs. 1,00,000-00 to Unlimited.

  2. Power empowered as per Sec. 21 of Bengal. Agara and Civil Court Act-1887 for Civil Appeal and Misc. Civil Appeal. At present Up to valuation Rs. 1,00,000-00

  3. Power empowered as per Sec. 115 of Code of Civil Procedure for Civil Revision as per his pecunairy jurisdiction.

  4. All other civil cases as per Acts.

  5. To decide All matrimonial disputes of entire Champawat District. (Entire Revenue District Champawat)

                                           B-Judge Small Cause Court-

(Entire Revenue District Champawat)

  1. Pecuniary Jurisdiction is lies as per Sec. 15 of Provincial Small Cause Court Act-1884 as amended from time to time. At present- more than valuation Rs. 5,000-00 to 25,000-00

  2. Poewer empowered as per Sec-24 of Provincial Small Cause Court Act-1887 as amended from time to time for Appeal. At present-

up to valuation Rs. 5,000-00

4.

Civil Judge (Junior Division)/J.M. Champawat

1-Civil

Entire Revenue Tehsils Champawat except Poornagiri (Tanakpur)

or

Entire Tehsils of Champawat, Pati, Lohaghat, Barakot.

                         Civil Judge (Junior Division)-

Up to Rs. 1,00,000-00 (Revenue Tehsil Tanakpur)

  1. To Decided the Civil Suits up Valuation of Rs.1,00,000-00 as pecuniary Jurisdiction is lies as per Sec. 15 of Provincial Small Cause Court Act 1887 as amended from time to time.

  2. To decided the Misc. Civil Cases.

  3. To decide the cases related under Sucession Act as per his precuniary jurisdiction.

  4. All other civil cases under his jurisdiction.

      B-Judge Small Cause Court-

(Entire Revenue Tehsil District-Champawat)

  1. Pecuniary Jurisdiction is lies as per Sec. 15 of Provincial Small Cause Court Act-1887 as amended from time to time as up to Rs. 5,000-00

2-Criminal

 

                                                As a Judicial Magistrate-

(Entire Tehsils District-Champawat)

  1. All Jurisdictions in the Criminal work deputed by the Chief Judicial Magistrate.

  2. To Impose sentences of 3 years in the criminal case with in his jurisdiction.

  3. All other criminal cases under his jurisdiction,

5.

Civil Judge (Junior Division)/J.M.

Sri Poornagiri, Tankapur District-Champawat

1-Civil

Entire Revenue Tehsil Poornagiri (Tanakpur) District-Champawat

 

                                     Civil Judge (Junior Division)-

Up to Rs. 1,00,000-00 (Revenue Tehsil Tanakpur)

  1. To Decided the Civil Suits up Valuation of Rs.1,00,000-00 as pecuniary Jurisdiction is lies as per Sec. 15 of Provincial Small Cause Court Act 1887 as amended from time to time.

  2. To decided the Misc. Civil Cases.

  3. To decide the cases related under Succession Act as per his pecunairy jurisdiction.

  4. All other civil cases under his jurisdiction

B-Judge Small Cause Court-

(Entire Revenue Tehsil District-Champawat)

1.Pecuniary Jurisdiction is lies as per Sec. 15 of Provincial Small Cause Court Act-1887 as amended from time to time as up to Rs. 5,000-00

2-Criminal

 

As a Judicial Magistrate, Sri Poornagiri (Tanakpur)-

(Entire Tehsil Poornagiri (Tanakpur) District-Champawat)

  1. All Jurisdictions in the Criminal work dputed by the Chief Judicial Magistrate.

  2. To Impose sentences of 3 years in the criminal case with in his jurisdiction,

  3. All other criminal cases under his jurisdition.