Monday, 16 November 2015

Jurisdiction of District Courts of Delhi

Jurisdiction of civil courts can be divided on two bases, i.e., Pecuniary and Territorial/Area wise.
Pecuniary/Monetary Jurisdiction
Pecuniary jurisdiction of the court divides the court on a vertical basis.
At present the pecuniary jurisdiction of the Delhi courts is as follows:
Suits amounting to Rs.1 - Rs.2, 00, 00,000 lie before district courts.
Suits over and above Rs. 2, 00, 00,000 will lie before High Court.
The Delhi High Court Amendment Act, 2015 has enhanced the pecuniary jurisdiction of the District Courts of Delhi from Rs. 20 lakh to Rs. 2 crore. The Delhi High Court Amendment Act, 2015 came into force from 26-10-2015. The last revision of pecuniary jurisdiction of District Courts in Delhi was done in 2003, when it was raised from Rs. 5 lakh to Rs. 20 lakh.
Territorial Jurisdiction
There are 6 district courts in Delhi. They are:
1. Tis Hazari
2. Patiala House
3. Karkardooma
4. Rohini
5. Dwarka
6. Saket

How is Territory Decided?
Territory of a court is decided after taking into account several factors. They are:
1. In case Of Immovable Property: If the suit is with regard to recovery, rent, partition, sale, redemption, determination of right of immovable property, it shall be instituted in the court within the local limits of whose jurisdiction the property is situated.
2. Immovable Property Situated Within the Jurisdiction of Different Courts: In such a case the suit may be instituted in any court within the local limits of whose jurisdiction any portion of the property is situated.
3. In case of dispute between two or more persons with respect to movable property, business or any other wrong done: Where a wrong has been caused to a person, or any damage has been caused to a movable property, then the suit may be instituted either,
In the place, where wrong or damage has been caused, or
In the place, where defendant (the person who caused the loss) resides.
Where there is a dispute in business, agreement or any other kind of civil dispute, except matrimonial matter, then the suit may be instituted either,
In a place, where the defendant resides, or carries on business, or
In a place, where the cause of action has arisen, i.e. where the dispute or wrong took place
4. In case of matrimonial dispute: Where a dispute arises between Husband and wife in regard to their marital life then the case may be filed either:
In the place where marriage was solemnized, or;
In the place, where opposite party is residing, or;

In the place, where Husband and Wife last resided together, or;

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