The lower court has passed an order in a criminal case. However the High Courtfeels that the correct procedure has not been followed and goes through that caseagain.Which jurisdiction is the High Court exercising in the above situation
Question
The lower court has passed an order in a criminal case. However the High Courtfeels that the correct procedure has not been followed and goes through that caseagain.Which jurisdiction is the High Court exercising in the above situation
Solution
The High Court is exercising its "appellate jurisdiction" in the above situation.
Here's the step-by-step explanation:
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Jurisdiction refers to the legal authority of a court to hear and decide a case.
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The High Court has two types of jurisdiction: original and appellate.
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Original jurisdiction is when a case is directly filed to the High Court.
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Appellate jurisdiction is when a lower court has passed an order or judgement, but one of the parties involved is not satisfied with the decision and appeals to the higher court.
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In the given situation, the lower court has already passed an order in a criminal case. However, the High Court feels that the correct procedure has not been followed.
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Therefore, the High Court is reviewing the case again, which means it is exercising its appellate jurisdiction.
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