In India, courts administer national laws as wel1 as State laws. The Constitution has, by Article 247, clothed Parliament with power to provide for the establishment of additional courts for better administration of laws made by Parliament and of any existing laws with respect to a matter enumerated in the Union list. The courts are generally controlled by the States. The courts and other tribunals are, according to Article 227 of the Constitution, under the superintendence of the High Court in the territorial jurisdiction of which they function. The officers of the courts are appointed by the States. In the case of High Courts and the Supreme Court, the appointed is made by the President.

 

There is no distinction between civil courts and commercial courts. All disputes of a civil nature, including comrnercial causes, are triable by civil courts. For certain types of disputes, e.g., industrial or pertainmg to landlord and tenant matters or accidents, there are some special tribunals. The jurisdiction of a court is limited by three factors:-

 

  • its local limits;
  • its pecuniary limits; and
  • the subject-matter of suits.

 

Every court has its own local limits beyond which it cannot exercise its jurisdiction. These limits are fixed by the State Governinent according to the density of population. As regards pecuniary limits certain courts are empowered to try suits upto a certain pecuniary limits e.g., the Presidency Small Causes Courts, try suits in which the amount claimed exceeds Rs. 2,000 and Provincial Small Causes Courts, cannot try suits in which the amount claimed exceeds Rs. 500. The Presidency Small Causes Courts Act, 1882 applies only to the Small Causes Courts constituted in the cities of Kolkata, Chennai or Mumbai, as the case may be. The Provincial Small Causes Courts Act, 1887 extends to the whole of India except certain territories. For those matters which come within the jurisdiction of Provincial Small Causes Courts, the jurisdiction of such courts is exclusive. But these Courts cannot try certain suits. Thus, the Presidency Small Causes Courts cannot try suits for the recovery or partition of immovable property, suits for foreclosure or redemption of mortgage of performance or recession of contracts or suits to obtain an injunction, etc. Similarly, the Provincial Small Causes Courts cannot try certain suits.

 

A suit is to be filed in the lowest court having jurisdiction to try the amount claimed in such suit. In every State the jurisdiction and the name of the court is different.

 

In the exercise of its ordinary original jurisdiction, a Chartered High Court, i.e., the High Courts at Kolkata, Mumbai and Madras, may entertain a complaint to commence a suit.

 

In every district, generally, the District Court is the principal Court of original civil jurisdiction in the district. There is no limit to its pecuniary jurisdiction.

 

Next in order of grade comes the Courts of Civil Judges (as they are named in some States). There is no limit to the pecuniary jurisdiction of these courts and they may entertain any suit of a civil nature.

 

Next in order of grade comes the courts of Civil Judge or Munsif. The pecuniary jurisdiction of these courts is confined to suits of which the value does not exceed the limit fixed by that State. The value is generally between Rs. 5,000 and Rs. 10,000.

 

Of these three classes of courts, the District Court generally has sole appellate jurisdiction. An appeal lies to the District Court-

 

  • against decrees passed by the courts of Civil Judges and Munsifs
  • against decrces passed by the courts of Civil Judges and Subordinate Judges, where the value of the original suit does not exceed the prescribed amount.

 

Appeal lies to the High Court-

 

  • against decrees of courts of Civil Judges, etc., where the value of the suit exceeds the prescribed amount;
  • against decrees passed by the District Court.

 

There are various courts which try cases on particular matters, e.g., matrimonial, house-rent, property etc.