Original jurisdiction
From Wikipedia, the free encyclopedia
The original jurisdiction of a court refers to matters on which the court rules in the first instance, as opposed to matters in which it reviews the decision of another court. The latter is appellate jurisdiction. Original jurisdiction n. the authority of a court to hold a trial, as distinguished from appellate jurisdiction to hear appeals from trial judgments.
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[edit] United States
The Supreme Court of the United States generally has appellate jurisdiction over its cases; i.e., cases are appealed through the judicial system until they reach the Court, most commonly through writs of certiorari. However, in a limited class of cases, the Court has original jurisdiction to consider the facts and the law of a case without it having first been passed on by a lower court. Currently, the only original jurisdiction cases commonly handled by the Supreme Court are disputes between two or more U.S. states, typically regarding boundary lines, water claims, or other property issues.
[edit] France
The Conseil d'État has original jurisdiction on a number of litigations against national authorities, including recourses against decrees and some administrative decisions.
[edit] India
The 'Indian High Court Act' of 1861, vested in Her Majesty the Queen of the United Kingdom to issue letters patent under the Great Seal of the United Kingdom to erect and establish High Courts of Calcutta, Madras and Bombay. The Indian High Courts Act, 1861 did not by itself create and establish the High Courts in India.
The following three High courts viz.Calcutta, Bombay and Madras are erstwhile Presidency Court [in common and popular paralance Chartered High Courts ]have unlimited original jurisdiction under the Letter Patent for the conferment of the ORDINARY ORIGINAL Civil Jurisdiction in terms of Articles 225 of the Constitution .
- The Calcutta High Court has the distinction of being the first High Court and one of the three Chartered High Courts to be set up in India, along with the High Courts of Bombay, Madras. [1]
- The Bombay High Court was inaugurated on 14th August ,1862. The High Court had an Original as well as an Appellate Jurisdiction. [2]
- The High Court of Judicature at Madras [located at Chennai ,Tamil Nadu, originally known as Madras]- is one of the three high courts in India establised at the Presidency Towns by Letters Patent granted by Her Majesty Queen Victoria, bearing date 26th June 1862, is the Higest Court in the State of Tamil Nadu,execercising Original Jurisdiction over the City of Madras [Chennai]and Appelate Jurisdiction over the entire state as well as extra ordinary Original Jurisdiction,Civil and Criminal ,under the Letters Patent and special jurisdication for the issue of writs under the Constitution of India. [3]