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Consider the following statements of the power of the Superintendence of the High Court.
1. The High Court has this power over all courts and tribunals including those dealing with the armed forces functioning in the state
2. In the exercise of this power it may May issue general rules and prescribe forms for regulating the practice and proceedings of such courts
Which of these statements is/are correct?
- a)1 Only
- b)2 Only
- c)Both 1 and 2
- d)None of them
Correct answer is option 'B'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements of the power of the Superintendence...
The High Court has this power over all courts and tribunals except those dealing with the armed forces functioning in the state. Hence in the exercise of this power it may –
• Call for return from such courts
• May issue general rules and prescribe forms for regulating the practice and proceedings of such courts
• Prescribe the form in which books and accounts are being kept by the officers of any court
• Settle fees payable to the sheriff clerks, officers and legal practitioners
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Consider the following statements of the power of the Superintendence...
Statement 1: The High Court has this power over all courts and tribunals including those dealing with the armed forces functioning in the state
The first statement is incorrect. The power of superintendence of the High Court does not extend to courts and tribunals dealing with the armed forces. The armed forces have their own system of military justice, which is separate from civilian courts. The High Court does not have jurisdiction over military courts and tribunals.
Statement 2: In the exercise of this power it may issue general rules and prescribe forms for regulating the practice and proceedings of such courts
The second statement is correct. The High Court has the power to issue general rules and prescribe forms for regulating the practice and proceedings of the courts and tribunals under its superintendence. This power is derived from Article 227 of the Indian Constitution, which states that every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction. This power allows the High Court to ensure the proper functioning of subordinate courts and tribunals.
Conclusion
In conclusion, only statement 2 is correct. The High Court has the power to issue general rules and prescribe forms for regulating the practice and proceedings of the courts and tribunals under its superintendence. However, the High Court does not have jurisdiction over courts and tribunals dealing with the armed forces.
The first statement is incorrect. The power of superintendence of the High Court does not extend to courts and tribunals dealing with the armed forces. The armed forces have their own system of military justice, which is separate from civilian courts. The High Court does not have jurisdiction over military courts and tribunals.
Statement 2: In the exercise of this power it may issue general rules and prescribe forms for regulating the practice and proceedings of such courts
The second statement is correct. The High Court has the power to issue general rules and prescribe forms for regulating the practice and proceedings of the courts and tribunals under its superintendence. This power is derived from Article 227 of the Indian Constitution, which states that every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction. This power allows the High Court to ensure the proper functioning of subordinate courts and tribunals.
Conclusion
In conclusion, only statement 2 is correct. The High Court has the power to issue general rules and prescribe forms for regulating the practice and proceedings of the courts and tribunals under its superintendence. However, the High Court does not have jurisdiction over courts and tribunals dealing with the armed forces.
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Consider the following statements of the power of the Superintendence of the High Court.1. The High Court has this power over all courts and tribunals including those dealing with the armed forces functioning in the state2. In the exercise of this power it may May issue general rules and prescribe forms for regulating the practice and proceedings of such courtsWhich of these statements is/are correct?a) 1 Onlyb) 2 Onlyc) Both 1 and 2d) None of themCorrect answer is option 'B'. Can you explain this answer?
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