12 February, 2016

Glossary of Common Legal Terms (H)

Habeas Corpus
See writ petition.

High Court

Article 214 of the Constitution provides that each state shall have a High Court. This is the highest court in a state and is subordinate only to the Supreme Court of India. The powers of the High Court are broadly categorized as judicial and administrative. In its judicial function the High Court can be approached directly (eg. writ petitions), or in appeals or revisions—both civil and criminal. In its administrative function the High Court supervises the functioning of the lower judiciary in the State. In the civil side, in an ascending order of hierarchy, is the Civil Judge (Junior Division), Civil Judge (Senior Division), the Additional District Judge and the District Judge; the criminal side includes Metropolitan Magistrates, Chief Metropolitan Magistrates, Additional Sessions Judges and the Sessions Judge. The powers of a High Court do not extend beyond the territory of the State. While every decision of the Supreme Court is binding on the High Courts, the decisions of one High Court is not binding on the other. The High Court is a court of record.

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