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BANSOD COMPUTER TYPING INSITITUTE CHHINDWARA MOB. NO. 898280577 HIGH COURT PARAGRAPH

created Sep 24th 2021, 01:35 by SARITA WAXER


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The Supreme Court of India is the federal court, a final court of appeal and a guardian of the Constitution. The law declared by it, in the exercise of any of its jurisdiction under the Constitution is binding on all other courts within the territory of India. The Supreme Court has the powers to issue writs to enforce fundamental rights. The jurisdiction of the Supreme Court may be classified under three heads. Original Jurisdiction means that no other court has the power to entertain a suit on these matters. These matters are confined to disputes between the Government of India and any other State or States of the Union or between two or more States.  
Writ Jurisdiction refers to the Supreme Court entertaining an application (under Art. 32) for the issue of constitutional writ for the enforcement of Fundamental Rights. The aggrieved party need not come through a High Court by way of appeal. By issuing a writ of Habeas Corpus the court can get a person released if it has been kept under unlawful custody even by the State. The writ of Prohibition gives an order to a subordinate court to stop proceedings in a case where in the opinion of the Supreme Court/the trial court has exceeded its jurisdiction. The writ of Certiorari has the effect of quashing an order already passed by a judicial or a quasi-judicial authority. The writ of Mandamus is in the nature of a command to a subordinate court that may have refused to exercise its jurisdiction. Quo-Warranto prevents an unlawful claimant from holding a superior public office. An appeal against a judgment in a criminal proceeding of a High Court can be made in the Supreme Court where the High Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death. dvisory Jurisdiction involves giving its opinion on any question of law or fact of public importance as may be referred to it for consideration by the President. The opinion given by the Supreme Court is not binding on the government.  
The Supreme Court is responsible for ensuring that the High Courts and the Subordinate courts function efficiently and effectively. The decisions and decrees issued by the Supreme Court become Case law and are referred to by lawyers in their pleadings in similar situations. Thus the Supreme Court also functions as a Court of Record.
 

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