The high court is known to be as judiciary head at the state level. The high courts of India have the power to imply litigations on civil, appellate, original, criminal, ordinary as well as extra-ordinary jurisdictions. There are so many people out there who are unaware of high court litigations. And many of them may want to know what is High Court litigation?
This article is dedicated to the facts that are concerned with the high court litigation. In 1861, at Calcutta the first High court was established in India under the Indian “High Court Act” and after that in 1862, the High Courts are established at Madras and Bombay.
Currently, there are 25 High courts in India with a significant number of benches in every state
The High Court litigation has the power to listen and pass the judgment on any ordinary and extra-ordinary cases in the first place without the participation of any intermediary powers.
Along with this it also entertains appellate that happens when someone appeals against the verdict of the subordinate. It is not wrong to say that every High Court of India has its separate Original Side rules and Appellate Side rules according to their state but just with minor differences.
The procedure involved in the High Court litigation can be understood with the help of the following steps:
- Case filing: There is a Registry at every High Court that is headed by the Registrar and some other officer that is specially authorized for that particular job on the behalf of a registrar. The registry involves the plaints, petitions, and applications that are concerned with the case file. The registry is done for the close survey of the case to know if all the presented pleadings are accurate without the defects. After the documents, applications, and pleadings are represented accurately you are ready for filling the case. The registrar makes the list of the cases that are going for the hearing.
- Writ of Summon: Considerably, the writ of summon issued to the opposite party of the case to appear at the High Court as the pleading has filed against them, this is the first step of High Court litigation. If the writ of summoning has not been served appropriately in a given time then the litigation on board goes dismissal. Later, the replication can be filled by the party who is filling the case to get the response from the opposite party.
- Pre-admission hearing: At this point the party that has filed the case justifies the case by presenting their merits related to the case and trying to convince the High Court for the admission of their case.
- Admission: After hearing the merits of the case the court will decide if the case qualifies to admit in the High Court or not. If the court found all the aspects of the case baseless then it kept pending and later will be dismissed by the court. But in case if High Court find that one’s case has valid legal issues the court admits the case for further litigation.
- Admission hearing: This step is done after the admission of the case in which the court examines the pleading of the first party and at that time they ask an opposite party to represent their reply towards these pleadings. After the oral arguments and critical pleading, the court decides that the case requires to have a further hearing over the case
- Final hearing: Generally, the final hearing does not complete in one day. The court will observe the critical evidence and hear the arguments carefully before passing the final judgment. This may consume time that’s the reason the Board members of the High Court fix another day for pronouncing the judgment.
After the Supreme Court the High courts are known to be the superior courts of India. Those who don’t know exactly what is High Court litigation? This article will help you to enlighten about powers and functions that come under High Court litigation.