Subordinate courts - class-VII

Civil cases are handled by the district judges. Civil cases refer to clashes between two or more persons with respect to property, breach of agreement or contract, divorce or landlord-tenant disputes. Civil Courts resolve these disputes. They do not issue any punishment as a violation of the law is not involved in civil cases.

Criminal cases are handled by sessions judges. They refer to violation of laws. These cases are regarding theft, rape, physical assault, murder, etc. These cases are filed in the lower court by the police, on behalf of the state, against the accused. These cases lead to punishment, like fine, imprisonment or even death sentence, to the guilty.

There are Revenue Courts to resolve disputes relating to the agricultural land. The Hierarchy of the revenue courts from top to bottom for disposing of various matters are:
• Financial commissioner,
• Collector (Deputy Commissioner/Additional District Magistrate),
• Revenue Assistant (Sub Divisional Magistrate), and
• Tehsildar/Naib-Tehsildar.

Civil cases are handled by district judges. Appointments and promotion of district judges in any state shall be made by the Governor of the state in consultation with the high court exercising jurisdiction in relation to such state.

Tehsildars are tax officers accompanied by inspectors of Revenue. They are the administrative officers responsible for the collection of the land revenue. They operate specifically at the tehsil level.

The Sessions Court is the highest criminal court of the district. Usually, it is presided over by the District Judge, who is called the District and Sessions Judge. It deals with cases concerning more serious offences such as robbery, dacoity, murder, 

The Sessions court is the highest criminal court of the district. It deals with more serious offences like dacoity, robbery and murder. The Sessions or Additional Sessions Judge alone can award a death sentence or life imprisonment. It is mandatory that a sentence of death must be confirmed by the High Court before it is carried out irrespective of whether an appeal is made to the High Court or not. 

The court of the District judge is the principal or the highest court of the district. It decides both civil and criminal cases. When a judge decided civil cases he is called the District Judge and when he decides criminal cases he is called the Sessions Judge.

There are several civil courts working under the District Judge such as the Court of the Subordinate Civil Judge (First Class), the Court of Sub-Judge (also known as a Munsif) and courts of small causes.

In India, a District Senior Superintendent of Police (SSP) or Superintendent of Police (SP) heads the police force of a district. In metropolitan areas having police commissionerate system (like in Delhi Police or Mumbai Police), the head of district police is called Deputy Commissioner of Police (DCP), and he holds the rank of a SP or SSP.

The district court has appellate jurisdiction over all subordinate courts situated in the district on both civil and criminal matters. 

Three tier system of courts exists in India. Under the District and the Sessions Court there are many other courts. 
On the civil side the court of Civil Judge is at the lowest level. The
court of the Judicial Magistrate is at the lowest level in the Criminal
front. The civil cases of small financial hazard are decided by the
Junior Division Civil Judge. The criminal cases punishable with five
years imprisonment are decided by the Judicial Magistrates.

The District Judge and the Additional District Judge are appointed by the Governor in consultation with the Judges of High Court of the concerned state.

For the purpose of judicial administration, every State is divided into a number of districts, each under the jurisdiction of a District Judge. Every district has Civil Courts, Criminal Courts and Courts of Revenue. 

Writ jurisdictions mean the power of issuing writs like habeas, corpus, mandamus, prohibition, status etc.

Criminal court is where you go when the state believes you have committed a crime and it files charges against you.

There is no specification of a minimum age limit for the judge of a High Court.

1. Separating them from influence of Executive
2. Giving them authority to appoint their own staff
3. Banning their practice after retirement
4. Giving the court the power to punish for its contempt

The arrested person must be brought before the court, that holds the right to set the person free if the grounds of arrest are found to be faulty.

It is issued when a court wants to order a lower court or similar authority to transfer some matter pending before it to other courts or other authorities.

Appellate jurisdiction means hearing appeals against the judgments of lower courts.

The subordinate courts in India are classified into categories like Civil courts, Sessions courts, Revenue courts depending on the nature of the cases that are handled by these courts. The Session court is established in every division to deal with cases which are criminal in nature. The District level Session courts are also known by the term ‘District Magistrate Court’.  

District court is referred to as sessions court when it exercises its jurisdiction on criminal matters under Code of Criminal procedure. In Indian cities, the Sessions Court is responsible for adjudicating matters related to criminal cases.

It is issued by higher courts when they find that lower courts have made judgments beyond their powers of jurisdiction

It is the authority vested in the hands of Supreme Court to examine whether some legislative enactments or executive orders of both Central and State governments is following the Constitution of India or not

It is issued when an office holder is found to misuse his duties.

It is issued when the court finds that the office holder is illegally holding that position.

The Chief Judicial Magistrate Court is under the District Court and above the Judicial Magistrate Court in most places.

Revenue courts handle the revenue matters of state. Every state is the owner of all the land within the boundary of that state. Therefore, the state is entitled to charge a rent or tax on the use of that, irrespective of whether it is freehold in the name of the owner or leased. Land Rent or Land Revenue is fixed by the State depending on the nature of the land, irrigated or non-irrigated, etc. Revenue court deal with matters such as non-payment of land revenue, land ceilings, tenancy laws, agriculturists and peasants disputes, etc.

There are two types of taxes in India, direct tax, and indirect tax. Direct taxes are directly paid to the Government of India. Indirect taxes are levied on goods and services and not on citizens. Land tax is a direct tax and any dispute regarding it are taken up by Land Tax Board. Land Tax Secretary heads the Land Tax Board.

The Governor of the state appoints the judges of subordinate courts. He/she takes this decision in consultation with the Chief justice of the High Court of the concerned State.

Sessions courts are the subordinate courts that deal with the matters which are criminal in nature. Thus, it is the Sessions court which has the power to give death sentence as a punishment to some serious crimes. However, the punishment of death sentence given by the Sessions court cannot be carried out without confirmation by the High Court of that state.

A tehsildar is a tax officer, in-charge of collecting land revenue-related taxes from tehsil. A tehsildar is also called Executive Magistrate of his/her tehsil. The Tehsildar's Court deals with the cases relating to the assessment of land revenue and property tax.

There are two types of taxes in India, direct tax, and indirect tax. Direct taxes are directly paid to the Government of India. Indirect taxes are levied on goods and services and not on citizens. Land tax is a direct tax and any dispute regarding it are taken up on Land tax board.

In India, there is a system of single undivided and co-ordinated judiciary. In this system, the Supreme Court is placed at the top above all the other courts. Below the Supreme Court, the High Courts of different states are placed. All the other courts which are below the High Courts in their position are termed as the 'subordinate courts' in the judicial system of India. 

The appointment procedure to the lower judiciary is done by the state public service commissions or through the high courts (PCSJ). The appointment involves written examination and interview. If both are cleared, the candidate becomes a judge in the lower judiciary.

Civil Judge (senior division or class I) is also called a subordinate judge who stands below the District judge. Sometimes District judge is vested with powers of Assistant session judge then he enjoys both civil and criminal jurisdiction. Sometimes due to lack of proper administration and number of required judges in the district the civil judge senior division is also given charge of the Chief Judicial Magistrate and then his power becomes concurrent to the CJM. 

The Governor appoints the judges of subordinate courts in consultation with the Chief Justice of the High Court of the concerned State. A necessary qualification for direct entry level to become a District Judge is minimum of seven years of practice as a lawyer at the bar. The candidature is considered upon a written examination and oral interview by a committee of High Court judges. The appointment of district judges is notified by the State Government.

District Courts in India take care of judicial matters at the District level. Below District Courts, there are lower courts called Munsif's Courts and Small Causes Courts. Below District Courts, Special courts or Tribunals also exist for the sake of providing effective and speedy justice (especially in administrative matters) as well as for specialised expertise relating to specific kind of disputes. These courts are administratively and judicially controlled by the District Courts.

The District Judge is the highest judicial authority in the district. He possesses original and appellate jurisdiction in both civil and criminal matters. The District judge exercises both judicial and administrative functions. He supervises all the subordinate courts in the district and maintains the leaves and service records of all those working under him.

The State Judiciary consists of the High Court at the top and hierarchy of subordinate. They are in subordination to the High Court. They work in the district and below and the judges are appointed by Governor in consultation With High Court. The District and Session Judge court is the highest authority and below it is Magistrate's court (criminal) and subordinate judge's and Munsif court (civil.).

The District Judge while dealing with criminal cases becomes Session Judge. He exercises both judicial as well as administrative functions. He exercises control and supervision over all the magistrates working under him.

Tehsildar and Naib Tehsildar are the Government revenue functionary. A tehsildar is responsible for the collection of revenue and property taxes as assessed by Naib Tehsildar. Naib tehsildar is the lowest court in the revenue system and hear cases relating to the assessment of land. Naib tehsildar perform functions which tehsildar entrust in him.

Board of Revenue comes under Revenue Courts. Board of Revenue deals with revenue related cases. Revenue cases relate to land revenue on agriculture land in the district.

District Collector conducts revenue court, land assessment, land acquisition, distribution of agricultural loans collection of income tax dues, excise duties, irrigation dues, etc. He/she is the Chairman of the District Bankers Coordination Committee and Head of the District Industries Centre. As such, he/she supervises the work of patwaris, circle officers, and tehsildars.

In the State judicial system the High Court is the apex court below and under it are subordinate courts in the District. The District and Sessions Judge's court is the highest civil and criminal court of the district. The judges of the district court are appointed by the Governor in consultation with the High Courts. The qualifications of a person to be appointed as a District Judge are that he should be an advocate or a pleader of 7 years standing or more, or an officer in judicial service of the Union or the State. Further section 366 subsection (1) of the Code of Criminal Procedure 1973 provides that "when the court of Session passes a sentence of death the proceeding shall be submitted to the High Court and the sentence shall not be executed unless it's confirmed by the High Court."

A District Collector conducts the criminal court of an executive magistrate and is responsible for Maintenance of law and order. He/she hears cases under the preventive section of the Criminal Procedure Code.

 The judge of the Session court is appointed by the High court. High Court may also appoint Additional Sessions judge to exercise jurisdiction in the Court of Session. The sessions judge or additional sessions judge may pass any sentence authorized by law which include death sentence and imprisonment for life. Further "when the court of Session passes a sentence of death it shall not be executed unless High Court Confirms it. So, in the District the Sessions Judge and Additional Sessions judge are authorised to pass death sentence and life imprisonment.