Bhatt & Joshi Associates are the High Court Lawyers based in Ahmedabad, Gujarat with the team of the top most experienced Gujarat High Court Lawyers with detailed knowledge of Constitutional Law, Administrative Law, Civil Law, Criminal Law, Service Law, Corporate & Company Law, Service Law, Tax Law etc. Our Comprehensive legal team of High Court Lawyers helps the litigants to seek enforcement of their rights through the various legal and constitutional remedies available before the High Court. It must be noted that our High Court lawyers represent in the appeal in writ also known as LPA – Letters Patent Appeal.
Indian Constitution provides for the establishment of the High Courts in India under Articles 214-231. As per the original constitution there has to be a separate high court for each state but after the 7th amendment to the Constitution of India, the same high court can be the court for more than one state. At present, we have 21 high courts in the country, which includes 3 common high courts.
Jurisdiction of High Courts
The jurisdiction of High Court can be classified under following heads:
- Original Jurisdiction- Original Jurisdiction means that it is the court of first instance, as against the appellate court. In different words, the first court in the appellate hierarchy is called the Original Jurisdiction. The High Court has the original jurisdiction in the following matters –
- Election Matters: Disputes pertaining to election of Parliament and state Legislative Assembly, Local Bodies, Trusts, Cooperative Societies etc.
- Contempt of court – Every High Court has the same jurisdiction, powers and authority, in respect of contempt of courts subordinate to it as it has and exercises in respect of contempts of itself, except for those cases where the contempt is punishable under the Indian Penal CodeWrit Jurisdiction- Article 226 of the Constitution of India confers wide powers to the High Courts not only to enforce the fundamental rights of the persons but also the legal rights. In this sense the powers of the High Court are wider than the Supreme Court of India.
- Civil / Criminal Reference: Cases transferred from the other court to the High Court involving a substantial Question of Law.
- Admiralty Jurisdiction
- Power of Superintendence
- Under Article 227 of the Constitution of India every High Court has the powers of superintendence over the court or tribunal adjudication under its territorial limits, except those tribunals which deal with the armed forces functioning in the state. In the exercise of this power, High court may –
Call for the records and proceedings from such courts
May prescribe rules and regulations pertaining to the process and the practice before of such courts
This power of superintendence can not only be exercised by the aggrieved parties, but the high court can also exercise it can suo motto. It is akin to the powers of revision as it verifies the authenticity of the judgments and order passed by the subordinate courts. This is a special power of the High Court as compared to the Supreme Court, because even the Supreme Court does not have any similar power.
- Appellate Jurisdiction- Till recently the high court has been the primary court of appeal i.e. the High Court has power to exercise appellate jurisdiction against the judgment of the subordinate courts under its territorial jurisdiction. However, the orders passed by the Court of Magistrate are appellable before the concerned District and Sessions Court. Jurisdiction of the high court is two folds – Civil Jurisdiction and Criminal Jurisdiction.
- Court of Record – Like Article 129 of the Constitution of India declares Supreme Court to be a court of record, Article 215 of the Constitution of India declares the High court to be a court of record. The orders passed by the High Court and Supreme Court are recorded for memory because they are perpetually binding in the subsequent cases involving identical facts and similar questions of law.
- Judicial Review – Over and above forms of writ, Judicial review is the idea, fundamental to the system of government, that the actions of the executive and legislative branches of government are subject to review and possible invalidation by the judicial branch. Judicial review allows the Supreme Court to take an active role in ensuring that the other branches of government abide by the constitution. Judicial review was established in the classic case of Marbury v. Madison, 5 US 137 (1803). Dealt under Article 13, Article 32 and Article 226 of the Constitution of India, Judicial review is one of the checks and balances in the separation of powers. It is the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. Judicial review should be understood in the context of both the development of two distinct legal systems (civil law and common law) and two theories of democracy (legislative supremacy and separation of powers) is that some countries with common-law systems do not have judicial review of primary legislation.
Our High Court Lawyers in Ahmedabad, Gujarat, India, provide the following litigation support services:
- Writ Petitions : also known as Special Civil Applications under Article 226 of the Constitution of India,
- Civil Appeals – First Appeal, Appeal from Order and Second Appeal
- Criminal Appeals – Criminal Appeals against Conviction and Criminal Appeals against Acquittal
- Bail and Anticipatory Applications – High Court is granted the powers under Section 438 and 439 of the Code of Criminal Procedure to exercise jurisdiction in the bail matters.
- Civil Revision Application – Civil Revision Applications are filed under Section 115 of the CPC. The High Court may call for the record of an case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears:
- to have exercised a jurisdiction not vested in it by law, or
- to have failed to exercise a jurisdiction so vested, or
- to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may make such order in the case as it thinks fit
- Criminal Revision Application : Criminal Revision Applications are filed under Section 397 of Cr.P.C. which reads that the High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order,- recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record. Explanation.- All Magistrates whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub- Section and of Section 398. If an application under this Section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them. Thus a second revision application is barred under the CrPC. Thus, if you have preferred a revision application against the order of court of magistrate before the Session Court, subsequent Revision Application is barred under Section 397 (2)
- Criminal Misc. Applications: High Court has been given inherent powers under Section 482 of the Code of Criminal Procedure, which reads that Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. Generally these powers are exercised to prevent the abuse of process of law to Quash the FIR or wrongful criminal proceedings initiated against the parties and also for giving directions to subordinate courts.
- Civil Misc. Applications: High Court has been given wide powers under Section 151 of the Code of Civil Procedure, which reads that Nothing in this code shall be deemed to limit or otherwise affect the inherent powers of the court to make such orders as may be necessary for the ends of the justice or to prevent abuse of the process of the court. Generally these powers are exercised for Transfer Petitions, mostly in matrimonial cases where the wife or husband seeks the transfer of cases pending before the courts of multiple jurisdiction to one jurisdiction in the interest of justice.
Our Practice Areas in High Court of Gujarat at Ahmedabad:
- Civil Law
- Criminal Law
- White Collar Offence
- Writ and Constitutional Law,
- Administrative Law
- Property Law
- Service Law
- Land Revenue Law
- Corporate & Company Law
- Bankruptcy and Insolvency Law
- SARFAESI Law and RDDBFI Law
- Constitutional Matters
- Taxation Law – Direct and Indirect Taxation
Our team of High Court Lawyers aims to rightly advise our clients and advise to go for litigation before the High Court or any other court only when absolutely necessary. We work hard to do exhaustive research and aim to deliver timely results to our clients. Our High Court lawyers, in Ahmedabad regularly have cross forum experience and we appear in matters pertaining to various corporates and companies and Individuals in areas of law as referred ave, before the Gujarat High Court at Ahmedabad.
WHAT SHOULD YOU SEARCH OF IN YOUR HIGH COURT LAWYERS?
- Combination of Experienced Lawyers and Young Lawyers: A Firm having the team of energetic, dynamic young blood with a combination of most experienced, specialist High Court Lawyers.
- Fact collection: Sometimes there are more than one conceivable arrangements or parcel of points of reference to help the argument. Thus, a High Court Lawyer ought to have that ability to assess every one of the potential outcomes before presenting the same. It must be noted that at the stage of Appeal, i.e. Letters Patent Appeal, it needs that the appropriate factual aspects are raised in the original proceedings.
- Research: Good legitimate research abilities are required to look into important case laws, points of reference, corrections to help the contentions. It must be noted that the High Court is the Court of Record and therefore a detailed hard work in research is important to put a structured argument before the High Court.
- Representation: It is most important for your High Court lawyer to deeply understand facts and most aptly represent them before presiding Judge. It must be understood that any important factual aspect and law point missed out at the stage of original application, affects the case at every stage of appeal.
- Detailed Knowledge of Diverse Areas of Law: It is equally important that your High Court lawyer has a grip over diverse areas of Law along with the in depth knowledge of Constitutional and Administrative Law. Many times there are multiple remedies may be available and it will be upto your High Court lawyer, who will decide the most appropriate remedy in the given facts and circumstances of your case.