1. Appellate Jurisdiction of Hon’ble Supreme Court and High Courts and other Commissions, Tribunals and Authorities:
Writs, Appeals, SLP's, Original Jurisdiction of Higher Courts, State Commission, National Consumer Redressal Commission, National Green Tribunal NGT, National Company Law Tribunal NCLT, Competition Commission of India CCI, National Human Rights Commission NHRC, Minority Commission, National Commission for Women, Environmental law & NGT Litigation, National Green tribunal, Administrative law Litigation CAT etc. But According to the Constitution of India, the role of the Supreme Court of India is that of a federal court, guardian of the Constitution and the highest court of appeal. The High Courts are the principal civil courts of original jurisdiction in the state, and can try all offences including those punishable with death.
2. Representation in High Court and Supreme Court of India:
We have been representing our valuable clients in various High Courts and Supreme Court of India through various remedies provide by Constitution of India, Code of Civil Procedure, Code of Criminal procedure and High Courts Rules, Hon'ble Supreme Court Rules and under other laws. We seek various remedies through several Writ(s) (a) Writ of Mandamus (b) Writ of Certiorari (c) Writ of Habeas Corpus (d) Writ of Quo Warren to etc. under Article 226, Article 227 Section 482 Code of Criminal Procedure Code and SLP in Supreme Court of India under Article 32 of The Constitution of India. We approach Higher Courts against order passed by lower courts which is called impugned Order or judgment. The procedure of approaching any Appellate Court, Tribunal or Authority or Commission or High Court or Supreme Court of India against impugned order or judgment passed by the court of lower jurisdiction is called "Appeal". Under Appeal we can challenge impugned order of lower court, challenging the same on merits of the case and Appellate court decide cases by scrutinizing each and every aspect and law points, grounds, facts and issues involved in the case. In case higher court figure out an unaddressed issue or unappreciated point by lower court, the appellate court may by using its inherent powers may change lower court’s order or judgment in compliance with the provision of The Constitution of India and under other provision of law. Appellate Courts are empowered by The Constitution of India to interpret various Statutes, Laws, Rules and articles of The Constitution. These higher courts do not only discharge their inherent powers, but in many certain they have power to take suo motto cognizance of extraordinary situations and cases within their respective jurisdiction lies.
The Supreme Court has been equipped with enormous powers. By virtue of the highest court in the country, the Supreme Court acts as a great unifying force and its decisions and verdicts are binding on any court within the territory of India. The role and functions of the SC in has been discussed below:
i. An Apex and Federal Court:
Article 131 of the Indian Constitution vests the SC with original and exclusive jurisdiction to determine the justiciable disputes between the Union and the States or between the States.
ii. An Interpreter of the Constitution and other prevailing Laws:
Where a case involves a substantial question of law as to the interpretation of the constitution either certified by the High Court or being satisfied by the SC itself, an appeal shall lie to the SC for interpretation of the questions of law raised.
iii. A Court of Appeal (Article 132, 133 and 134):
Appeal lies to the SC of the cases involving interpretation of the constitution and also in respect of civil and criminal cases irrespective of any constitutional question.
iv. An Advisory Role under (Article 143):
The SC has an advisory jurisdiction in offering its opinion an any question of law or fact of public importance as may be referred to it for consideration by the President.
v. A Guardian of the Constitution:
The SC of India is the guardian of the constitution. There are two points of significance of the SC’s rule as the protector and guardian of the constitution. Hon’ble Supreme Court is the highest Federal Court, it is within the power and authority of the SC to settle any dispute regarding division of powers between the Union and the States. SC’s authority to safeguard the fundamental rights of the citizens.
vi. Writ Jurisdictions:
Under Art. 32 of the constitution of SC can issue Writs for the enforcement of fundamental rights. These writs are in the nature of Habeas Corpus, Mandamus, Prohibition, Quo-warren to and Certiorari.
vii. Power of Judicial Review and SC (Article 137):
The power of the Judiciary to examine the validity of such law is called Judicial Review. If it occurs to the SC that any law enacted by Parliament or by a State Legislature curbs or threatens to curb the citizen’s fundamental rights, the SC may declare that law as unlawful or unconstitutional. If any law is inconsistent with the spirit or letter of the constitution and if the Govt. oversteps the legal bounds, it is for the SC to see to it.
viii. SC as the Court of Record:
The SC is a Court of Record. Its decisions bind all courts in India. HC and Subordinate Courts use its decisions/judgments as laws and decide the cases before them.
ix. Supreme Court of India: Original Jurisdiction
a. Original Jurisdiction:
The SC can directly hear several cases which cannot be heard by any other court. It constitutes its original jurisdiction. In involves following cases:
i. Disputes between the Govt. of India and one or more States.
ii. Disputes between the Govt. of India and any State or States on the one side and one or more States on the other.
iii. Disputes between two or more States which involves any question on which the existence of a legal right depends.
In other words, all legal disputes between the centre and states and among the states can be heard and settled by the SC.
B. Supreme Court Appellate Jurisdiction:
The SC is the highest court of appeal in all civil and criminal cases. It can hear appeals against the decisions of the State HC, and this constitutes its Appellate Jurisdiction. The appeal can come before the SC in case the High Court issues a certificate to this effect.
C. Supreme Court Advisory Jurisdiction:
The President of India can seek the advice of the SC in respect of any legal matter of high public importance. In such a case the SC has to give its advisory opinion to the President. However, advice given by Supreme Court to the President is not binding upon him.
We represent our clients in District Consumer Forums, Consumer State Commission and its appellate authority National Consumer Dispute Redressal Commission NCDRC where all consumer related issues adjudicate.
3. HIGH COURTS IN INDIA
Under article 214 of the Constitution of India states that there shall be a High Court for each of the states. In addition to that, Article 231 of the Constitution provides setting up of one High Court for two or more states. For example, High Court Guwahati’s jurisdiction is spread over the not only to State of Tripura but also extend to other North Eastern States of India. However, works of most HC consists of Appeals from lowers courts and summons, petitions in terms of Article 226 of the Constitution of India. The jurisdiction of each High Court varies from each other. To be a High Court judge, one should have the qualifications and fulfill conditions as mentioned in Article 217.
i. High Court: Powers of issuing Directions, Order or Writs
The High Court has been empowered to issue writs of habeas corpus, mandamus, and prohibition certiorari and quo warranto for the enforcement of the fundamental rights and ‘for other purposes’.
ii. High Court Determining validity of laws and Rules
In the original Constitution the HC were given powers of judging the validity of the Central and the State laws which was taken away by the 42nd Amendment of the Constitution but restored though the 43rd Constitutional (Amendment) Act, 1978.
iii. High Court’s Powers of superintendence over Lower Courts:
Every High Court has a general power of superintendence over all the lower courts and tribunals within its jurisdiction except military courts and tribunals.
iv. High Court’s Powers of taking up cases:
If a case is pending before a sub-ordinate court and the High Court is satisfied that it involves a substantial question of the constitutional law, it can take up the case and decide it itself.
v. High Court’s Control over sub-ordinate courts or lower courts:
The High Court controls all the subordinate courts in the State. Consultation to the Governor in the matter of appointing, posting and promoting district judges shall be made.
vi. Other powers of High Courts:
Besides the above powers, the High Court performs some other functions:
• Like the SC, the High Court also acts as a Court of Record.
• It has the power to punish for contempt of itself.
• The High Court can frame the required rules to carry out its judicial functions.
4. High Court’s: Jurisdiction
The following are the jurisdictions and powers of High Courts.
A. High Court’s Original jurisdiction:
The Constitution of India does not provide a detailed description of the jurisdiction of the High Court. The SC can issue the writs only for the enforcement of fundamental rights and not for other purposes. The power of the High Court to issue writs in the nature of habeas corpus cannot be curtailed even during emergency. Art. 226 of the Constitution vests in the High Court the power to issue writs for the restoration of fundamental rights.
B. High Court’s Appellate Jurisdiction
This jurisdiction of High Court extends to both criminal and civil cases. In civil cases, its jurisdiction extends to cases tried by Courts of Munsifs and District judges. In the criminal cases it extends to cases decided by Sessions and Additional Sessions Judges. Thus, the jurisdiction of the High Court extends to all cases under the State or federal laws.
a. SUBORDINATE COURTS
Subordinate courts, at the level of districts and lower, have almost similar structure all over the country. They deal with civil and criminal cases in accordance with their respective jurisdictions and administer the Code of CPC and the Code of CrPC. Each State is divided into judicial districts. The subordinate judiciary is headed by a District and Sessions Judge, in every district.
The usual designations on the civil side are DJ, ADJ, and Civil Judge. For criminal cases, there are Sessions Judge, Additional Sessions Judge, Chief Judicial Magistrate, Judicial Magistrate etc. The Governor in consultation with the High Court appoints the district judges. A person who is not already in Govt. Service should have at least seven years’ experience at the bar to become eligible for the position of a district judge (Art. 233).
b. District Courts
The jurisdiction of the District Courts of India is placed below the supervision of the HC of the country. A particular District Court shall be controlled by the High Court of the State of which the district is a part. Such courts conduct Appellate and Original jurisdiction in all matters related to criminal and civil cases. District Courts render justice at the district level. These courts are entitled to exercise all sorts of judicial powers, which extend to granting capital punishment to convicts. District Courts are empowered to control the subordinate courts belonging to the districts.
c. Sessions Courts
District Courts assume the name of Sessions Courts when they deal with matters concerning criminal cases, which can be categorized under the Code of Criminal Procedure (Cr. P. C.). Section 9 of Cr. P. C. asserts that Sessions Courts are set up by State Governments. These courts administer justice to cases involving theft, pick-pocketing, robbery, murders and other cases of similar types. Sessions Court is empowered to provide all sorts of punishments to criminals, which includes death penalty. Initially, Sessions Courts used to hear every case in various sessions, continuously, before arriving to decisions and presenting the judgments immediately upon the completion of the hearings. Therefore these courts attained the name, ‘Sessions Courts’, as they disposed of the cases speedily.
I. National Green Tribunal, NGT We represent our clients before National Green Tribunal NGT. The National Green Tribunal has been established on 18.10.2010 under the National Green Tribunal Act 2010 for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto. It is a specialized body equipped with the necessary expertise to handle environmental disputes involving multi-disciplinary issues. The Tribunal shall not be bound by the procedure laid down under the Code of Civil Procedure, 1908, but shall be guided by principles of natural justice.
II. The Tribunal's dedicated jurisdiction in environmental matters shall provide speedy environmental justice and help reduce the burden of litigation in the higher courts. The Tribunal is mandated to make and Endeavour for disposal of applications or appeals finally within 6 months of filing of the same. Initially, the NGT is proposed to be set up at five places of sittings and will follow circuit procedure for making itself more accessible. New Delhi is the Principal Place of Sitting of the Tribunal and Bhopal, Pune, Kolkata and Chennai shall be the other 4 place of sitting of the Tribunal.National Green Tribunal has jurisdiction to try all Environment related issues which includes Water Pollution, Air Pollution, Sound Pollution, Animal Welfare, Wildlife Protection, Deforestation, Conservation of Forests, Rivers Protection, Clean Energy, Clean Technology, Control of Pollution.
III. National Company Law Tribunal: SHKM Associates Law Firm represents clients in National Company Law Tribunal where all company law related issues tried and adjudicate. The National Company Law Tribunal has been constituted w.e.f. 1st June, 2016 and by virtue of Section 466(1) of Companies Act, 2013, the Company Law Board stands dissolved. The National Company Law Tribunal has been setup as a quasi-judicial body to govern the companies registered in India and is a successor to the Company Law Board. The National Company Law Tribunal (NCLT) consolidates the corporate jurisdiction of the Company Law Board, Board for Industrial and Financial Reconstruction (BIFR), The Appellate Authority for Industrial and Financial Reconstruction (AAIFR) and the powers relating to winding up or restructuring and other provisions, vested in High Courts. Hence, the National Company Law Tribunal will consolidate all powers to govern the companies registered in India. With the establishment of the NCLT and NCLAT.
. NCLT is a specialized court only for Corporate, i.e., companies registered in India.
. This will be no more than a Tribunal for the Corporate Members.
. NCLT will reduce the multiplicity of litigation before different forums and courts.
. NCLT has multiple branches and is able to provide justice at a close range.
. NCLT consists of both judicial and technical members while deciding on matters.
. The time taken to windup a company is reduced.
. Speedy disposal of cases will help reduce the number of cases.
. NCLT & NCLAT have exclusive jurisdiction.
IV. Competition Commission of India: We represent our clients in Competition Commission of India CCI. We have been representing our valuable clients in Competition Commission of India against monopolistic behavior or unfair an anti competitive business practices.The Competition Commission of India (CCI) was set up to replace the anachronistic Monopolies and Restrictive Trade Practices Commission (MRTPC). It was established to eliminate practices that adversely affect competition in different industries/areas and protect interests of consumers and ensure freedom of trade. The Competition Act of 2002 called for the creation of CCI. However, it was established in 2003 and became fully functional only by 2009. The CCI is a quasi-judicial body which gives opinions to statutory authorities and also deals with other cases. It has one chairman and six members. It is the youngest and the only cross-sector regulator in India.
Roles of Competition of India
a. Playing the role of a market regulator for all sectors with focus on anti-competitive behavior of companies that may distort competition.
b. To prohibit abuse of dominant position by enterprise or group.
c. To regulate the combinations (acquisition, acquiring of control and Merger and acquisition) that may cause or likely to cause adverse effect on competition within India.
d. To create awareness and impart training on competition issues through advocacy.
e. CCI given the high stakes involved in mergers and acquisitions. However, in several cases the legal integrity of CCI orders has been questioned. It has led to a serious debate about the exact nature and objective of the quasi-judicial regulator. The Competition Appellate Tribunal (COMPAT) has struck down several CCI orders mainly for violation of the principle of natural justice that provides everyone a fair hearing before law. Currently, few orders issued by CCI are still pending before SC for final test. There are also concerns regarding validity of CCI as it may infringe upon the functional domain of other sector specific regulators like the RBI and SEBI.
Address Competition Commission Of India CCI: The Hindustan,Times House 18-20, Kasturba Gandhi Marg, New Delhi, Delhi 110001 Phone: 011 2347 3400
V. National Human Rights Commission: NHRC National human Rights Commission deals matters related to human rights violation.Our association of expert Advocates in Human Rights Laws represents individuals, Groups and NGO’s before Human Rights Commission of India and States Human Rights Commissions.
The Commission shall perform all or any of the following functions, namely:- (a) inquire, suo motto or on a petition presented to it by a victim or any person on his behalf [or on a direction or order of any court]1, into complaint of
a. violation of human rights or abetment thereof; or
b. negligence in the prevention of such violation, by a public servant;
c. intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court;
d. 2 visit, notwithstanding anything contained in any other law for the time being in force, any jail or other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmates thereof and make recommendations thereon to the Government;
e. review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation;
f. review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures;
g. study treaties and other international instruments on human rights and make recommendations for their effective implementation;
h. undertake and promote research in the field of human rights;
i. spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means;
j. encourage the efforts of non-governmental organisations and institutions working in the field of human rights;
k. Such other functions as it may consider necessary for the protection of human rights. 13.
l. Powers relating to inquiries
National Human Rights Commission Of India Address Manav Adhikar Bhawan, Block C, GPO Complex, INA, New Delhi, Delhi 110023
VI. Central Administrative Tribunal CAT: - SHKM Associates Law Firm represents clients in CAT and Armed Forces Tribunal against injustice and arbitrary removal of an individual or group of employees their pension, job, promotion relates issues of any government employee. The Central Administrative Tribunal has been established for adjudication of disputes with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or other local authorities within the territory of India or under the control of Government of India and for matters connected therewith or incidental thereto. This was done in pursuance of the amendment of Constitution of India by Articles 323A. In the statement of objects and reasons on the introduction of the Administrative Tribunals Act, 1985, it was mentioned that the setting up of such Administrative Tribunals exclusively would go a long way in reducing the burden on the various courts and reduce pendency and would also provide to the persons covered by the Administrative Tribunals a speedy and relatively cheap and effective remedy. In addition to Central Government employees, the Government of India has notified 45 other organizations to bring them within the jurisdiction of the Central Administrative Tribunal. The provisions of the Administrative Tribunals Act, 1985 do not, however, apply to members of paramilitary forces, armed forces of the Union, officers or employees of the Supreme Court, or to persons appointed to the Secretariat Staff of either House of Parliament or the Secretariat staff of State/Union Territory Legislatures.
The Tribunal follows the principles of natural justice in deciding cases and the procedure, prescribed by Evidence Act or CPC does not apply. The Tribunal is also a specialized organization, which deals with only service matters in respect of the Central Government employees and other employees who have been notified.