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Tuesday, 4 February 2014

Discuss the Original jurisdiction, Appellate jurisdiction, Advisory jurisdiction of Supreme Court?

Discuss the following jurisdiction of Supreme Court?
Original jurisdiction 
The Supreme Court shall have a exclusive original jurisdiction in any dispute in any two or more government. This jurisdiction shall exercise just to pronounce declaratory judgment only. (Art. 184)
The Supreme Court without prejudice to the provisions of Article 199, shall, if it considers that a question of public importance with reference to the enforcement of any of the fundamental rights conferred by chapter-I of part two is involved, have the power to make an order of the nature mentioned in the said article.
Appellate jurisdiction
(1). Subject to this article, the Supreme Court shall have jurisdiction to hear and determine appeals from judgments, decrees final orders or sentences of High court,
(2). An appeal shall lie to the supreme court from any judgment, decree, final order or sentence of High court.
A). If the high court has on appeal received an order of acquittal of an accused person and sentenced him to death or to transportation for life or imprisonment for life or on revision, has enhanced a sentence to a sentence as aforesaid or..  
(B). If high court has withdrawn for trial before itself any case from any court subordinate to it and has in such trial convicted the accused person and sentenced him as aforesaid or,
(C). If the high court has imposed any punishment or any person for contempt of the high court or,
(D). If the amount or value of the subject matter of the dispute in the court of first instance, was and also in dispute an appeal, is not less than fifty thousand rupees or such other sum as may be specifies in that behalf by act of parliament and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the court immediately below or.
(E). If the judgment, decree or final order involves directly or indirectly some claim or question respecting property of the like amount or value and the judgment, decree or the final order appealed from has varied or set aside the judgment, decree or final order of the court immediately below or.
(F). If the high court certifies that the case involves a substantial question of law as to the interpretation of the constitution
3).  An appeal to the supreme court from a judgment decree order or sentences of high court in a case to which clause 2  does not apply shall lie only if the Supreme Court grants leave to appeal. (Art. 785)
Advisory jurisdiction
If at any time the President considers that it is desirable to obtain the opinion of the Supreme Court on any question of law which he considers of public importance, he may refer the question to the Supreme Court for consideration. The Supreme Court shall consider the question and referred a report its opinion on the question to the president. The advice so given will not be binding on the President. (Art. 186)

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