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History & Civics

With reference to the powers and functions of the High Courts, explain the following :

(a) Cases in which a High Court has Original Jurisdiction.

(b) What is meant by 'Appellate Jurisdiction'?

(c) Mention two types of cases which come under the Appellate Jurisdiction of a High Court.

High Courts

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Answer

(a) A High Court has original jurisdiction in certain matters :

  1. It has original jurisdiction over matters relating to State revenue and its collection.
  2. Cases relating to Fundamental Rights, divorce, wills and laws relating to marriage can be brought directly to a High Court.

(b) Under Appellate jurisdiction, all the decisions made by the Subordinate Courts within its jurisdiction, in all types of civil as well as criminal matters can be brought to the High Courts by an appeal.

(c) Two types of cases that come under the Appellate Jurisdiction of a High Court are given below:

  1. Civil cases — In Civil cases the High Courts hear the appeals against the decisions of District Judges.
  2. Criminal cases — In Criminal cases appellate jurisdiction consists of Appeals:
    1. Against the judgement of a Sessions Judge or an Additional Sessions Judge, where the sentence of imprisonment exceeds seven years.
    2. Against the judgement of Assistant Sessions Judge, the Chief Metropolitan Magistrate or other Judicial Magistrates, where the sentence of imprisonment exceeds four years.

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