Junior Assistant: High Court of Jammu and Kashmir and Ladakh (Subordinate Courts) PDF

AWAKENING CLASSES JUNIOR ASSISTANT HIGH COURT OF JAMMU KASHMIR AND LADAKH (SUBORDINATE COURTS ) SUPREME COURT HIGH COURT LOWER COURT /SUBORDINATE COURT S...

AWAKENING CLASSES JUNIOR ASSISTANT HIGH COURT OF JAMMU KASHMIR AND LADAKH (SUBORDINATE COURTS ) SUPREME COURT HIGH COURT LOWER COURT /SUBORDINATE COURT State judiciary HIGH COURT + SUBORDINATE COURT CONSTITUTIONAL PROVISIONS Articles 233 to 237 in Part VI of the Constitution make the following provisions regulate the organization of subordinate courts and to ensure their independence from the executive. Appointment of District Judges The appointment, posting and promotion of district judges in a state are made by the governor of the state in consultation with high court. Expression 'district judge' includes judge of a city civil court. additional district judge, joint district judge, Assistant district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge, and assistant sessions judge Page 1 of 3  AWAKENING CLASSES Qualifications:  He should not already be in the service of the Central or the state government  He should have been an advocate or a pleader for 7 YEARS  He should be recommended by the high court for appointment. Appointment of other Judges Other than district judges to the judicial service of a state are made by the Governor of the state after consultation with The State Public Service Commission and the High court The expression judicial service means a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge Control over Subordinate Courts The control over district courts and other subordinate courts including the posting, promotion and leave of persons belonging to the judicial service of a state and holding any post inferior to the past of district judge is vested in the high court. The Governor may direct that the above mentioned provisions relating to persons in the state judicial service would apply to any class or classes of magistrates in the state. High Court District and Sessions Judge's Court (Civil Side) (Criminal Side) Subordinate Judge's Court Chief Judicial Magistrate Court Page 2 of 3  AWAKENING CLASSES Munsiff's Court Judicial Magistrate's Court DISTRICT JUDGE The district judge is the highest judicial authority in the district. He possesses original and appellate jurisdiction in both civil as well as criminal matters. When he deals with civil cases, he is known as the district judge and when he hears the criminal cases, he is called as the sessions judge.Appeals against his orders and judgements lie to the High Court. The sessions judge has the power to impose any sentence including life imprisonment, and capital punishment (death sentence). However, a capital punishment passed by him is subject to confirmation by the High Court, whether there is an appeal or not. Subordinate Judge's Court & Chief Judicial Magistrate Court Below the District and Sessions Court stands the Court of Subordinate Judge on the civil side and the Court of Chief Judicial Magistrate on the criminal side. The subordinate judge exercises unlimited pecuniary jurisdiction over civil suits. The chief judicial magistrate decides criminal cases which are punishable with imprisonment for a term up to seven years. Munsiff's Court & Judicial Magistrate's Court At the lowest level, on the Civil side, is the e Court of Munsiff and on the criminal side, is the Court of Judicial Magistrate. The munsiff possesses limited jurisdiction and decides by civil cases of small pecuniary, stake". The Judicial magistrate tries criminal cases which are punishable with imprisonment for a term up to three years. Page 3 of 3