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Allahabad High Court

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37-508: Allahabad High Court , officially known as High Court of Judicature at Allahabad , is the high court based in the city of Prayagraj , formerly known as Allahabad, that has jurisdiction over the Indian state of Uttar Pradesh . It was established on 17 March 1866, making it one of the oldest high courts to be established in India . Allahabad became the seat of Government of North-Western Provinces and

74-732: A court of errors (or court of errors and appeals ), on the premise that it was intended to correct errors made by lower courts. Examples of such courts include the New Jersey Court of Errors and Appeals (which existed from 1844 to 1947), the Connecticut Supreme Court of Errors (which has been renamed the Connecticut Supreme Court ), the Kentucky Court of Errors (renamed the Kentucky Supreme Court ), and

111-774: A High Court was established in 1834 but was shifted to Agra within a year. In 1875 it shifted back to Allahabad. The former High Court was located at the Accountant General's office at the University of Allahabad complex. It was founded as the High Court of Judicature for the North-Western Provinces at Agra on 17 March 1866 by the Indian High Courts Act 1861 replacing the old Sadr Diwani Adalat . Sir Walter Morgan, Barrister-at-Law and Mr. Simpson were appointed

148-519: A civil case and the session's judge when he presides over a criminal case. He is the highest judicial authority below a high court judge. Below him, there are courts of civil jurisdiction, known by different names in different states. Under Article 141 of the constitution, all courts in India, including high courts – are bound by the judgements and orders of the Supreme Court of India by precedence. Judges in

185-612: A high court are appointed by the president of India in consultation with the chief justice of India and the governor of the state under Article 217, Chapter Five of Part VI of the Constitution, but through subsequent judicial interpretations, the primacy of the appointment process is on the hands of the Judicial Collegium . High courts are headed by a chief justice. The chief justices rank fourteenth (within their respective states) and seventeenth (outside their respective states) on

222-643: A high court bench in Agra . Almost 54% of all cases reaching the High Court originate from the 22 districts of Western UP, still, western Uttar Pradesh does not have a High Court bench. Eight other High Courts are closer to litigants of West Uttar Pradesh than their own High Court in Allahabad; these High Courts are: Even Lahore High Court is closer to western Uttar Pradesh than Allahabad . Uttar Pradesh has at least 9 times more pending cases than any other state. Allahabad High Court as of 2022, has 9.33 lakh cases pending in

259-456: A particular region have permanent benches established there. Benches are also present in states which come under the jurisdiction of a court outside its territorial limits. Smaller states with few cases may have circuit benches established. Circuit benches (known as circuit courts in some parts of the world) are temporary courts which hold proceedings for a few selected months in a year. Thus cases built up during this interim period are judged when

296-463: A small proportion of trial court decisions result in appeals. Some courts, particularly supreme courts, have the power of discretionary review , meaning that they can decide whether they will hear an appeal brought in a particular case. Many U.S. jurisdictions title their appellate court a court of appeal or court of appeals . Both terms are used in the United States, but the plural form

333-631: Is New Zealand's principal intermediate appellate court. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court . The Court of Appeals of the Philippines is the principal intermediate appellate court of that country. The Court of Appeals is primarily found in Manila , with three divisions each in Cebu City and Cagayan de Oro . Other appellate courts include

370-471: Is broadly divided into five Cadres: An officer enters this cadre in the rank of Review Officer/Asst. Review Officer/Computer Assistant after passing a competitive exam and rises up through successive promotions on S.O./Asst./Deputy/Joint Registrar to reach the post of Registrar. Some other cadres/posts at High Court of Judicature at Allahabad are - Commemorative stamps released by India Post - High Courts of India The high courts of India are

407-731: Is generally only granted in cases of public importance, matters involving the interpretation of the Commonwealth Constitution, or where the law has been inconsistently applied across the States and Territories.[19] Therefore, in the vast majority of cases, the appellate divisions of the Supreme Courts of each State and Territory and the Federal Court are the final courts of appeal. The Court of Appeal of New Zealand, located in Wellington ,

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444-513: Is more common in American English , while in contrast, British English uses only the singular form. The correct form is whichever is the statutorily prescribed or customary form for a particular court and particular jurisdiction; in other words, one should never write "court of appeal" when the court at issue clearly prefers to be called a "court of appeals", and vice versa. Historically, certain jurisdictions have titled their appellate court

481-510: Is recommended by the NCR planning committee to work on setting up a High Court bench in Agra with utmost priority. The court has a Sanctioned strength of 160 (Permanent:120, Additional:40) judges. Judges elevated to the Supreme Court of India- Sitting Judges of Allahabad High Court- Journals that report Allahabad High Court Judgements include The Registry at High Court of Judicature at Allahabad

518-470: The Indian order of precedence . The number of judges in a court is decided by dividing the average institution of main cases during the last five years by the national average, or the average rate of disposal of main cases per judge per year in that high court, whichever is higher. The Madras High Court is the oldest high court in the country, established on 26 June 1862. High courts that handle numerous cases of

555-617: The Sandiganbayan for cases involving graft and corruption, and the Court of Tax Appeals for cases involving tax. Appeals from all three appellate courts are to the Supreme Court . The Court of Appeal of Sri Lanka, located in Colombo , is the second senior court in the Sri Lankan legal system . In the United States, both state and federal appellate courts are usually restricted to examining whether

592-425: The constitution , a state law or union law. The work of most high courts primarily consists of appeals from lower courts and writ petitions in terms of Articles 226 and 227 of the Constitution. Writ jurisdiction is also the original jurisdiction of a high court. Each state is divided into judicial districts presided over by a district judge and a session judge. He is known as the district judge when he presides over

629-715: The constitutions of the separate states and as a result vary greatly from state to state. The Calcutta High Court in Kolkata (est. 1862), Bombay High Court in Mumbai (est. 1862), Madras High Court in Chennai (est. 1862), Allahabad High Court in Allahabad (est. 1866), and Bangalore High Court (now Karnataka High Court ) in Bengaluru (est. 1884) are the five oldest high courts in India. The Andhra High Court and Telangana High Court are

666-399: The "clear error" standard. Before hearing any case, the court must have jurisdiction to consider the appeal. The authority of appellate courts to review the decisions of lower courts varies widely from one jurisdiction to another. In some areas, the appellate court has limited powers of review. Generally, an appellate court's judgment provides the final directive of the appeals courts as to

703-565: The Federal Circuit , which has general jurisdiction but derives most of its caseload from patent cases, on one hand, and appeals from the Court of Federal Claims on the other. In the United States, Alabama, Tennessee, and Oklahoma also have separate courts of criminal appeals. Texas and Oklahoma have the final determination of criminal cases vested in their respective courts of criminal appeals, while Alabama and Tennessee allow decisions of its court of criminal appeals to be finally appealed to

740-633: The Mississippi High Court of Errors and Appeals (since renamed the Supreme Court of Mississippi ). In some jurisdictions, a court able to hear appeals is known as an appellate division . The phrase "court of appeals" most often refers to intermediate appellate courts. However, the New York Court of Appeals is the highest appellate court in New York. The New York Supreme Court is a trial court of general jurisdiction. The Supreme Court of Maryland

777-750: The Oudh Chief Court at Lucknow by the Oudh Civil Courts Act of 1925, enacted by the United Provinces Legislature with the previous sanction of the Governor General and the passing of this Act. On 25 February 1948, the Chief Court of Oudh was amalgamated with the High Court of Allahabad. Until 2000, what is now called Uttarakhand was part of Uttar Pradesh, and was therefore subject to the jurisdiction of Allahabad High Court. When

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814-404: The architectural work of Le Corbusier ) are UNESCO World Heritage Sites . The high courts are substantially different from and should not be confused with the state courts of other federations, in that the Constitution of India includes detailed provisions for the uniform organisation and operation of all high courts. In other federations like the United States, state courts are formed under

851-563: The circuit court is in session. According to a study conducted by Bangalore -based N.G.O, Daksh, on 21 high courts in collaboration with the Ministry of Law and Justice in March 2015, it was found that average pendency of a case in high courts in India is 3 years. The buildings of Bombay High Court (as part of the Victorian and art deco ensemble of Mumbai ) and Punjab and Haryana High Court (as part of

888-559: The extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinarily gives deference to the trial court's findings. It is the duty of trial judges or juries to find facts, view the evidence firsthand, and observe witness testimony . When reviewing lower decisions on an issue of fact, courts of appeal generally look for clear error. The appellate court reviews issues of law de novo (anew, no deference) and may reverse or modify

925-831: The fast-track courts of Uttar Pradesh, followed by over 1.04 lakh cases in Maharashtra, 1.02 lakh cases in Tamil Nadu, 71,260 cases in West Bengal and 12,538 cases in Telangana. A bench at Agra is needed as a lot of corporate and capital investments in Noida, have gone to other states due to more readily accessibility of justice in corporate affairs. The decision by Foxconn and Winston to choose Tamil Nadu and Karnataka as their manufacturing hub has been attributed by experts for this very same reason. If Uttar Pradesh wants to attract investments then it

962-520: The first Chief Justice and the first Registrar respectively of the High Court of North-Western Provinces. The location of the High Court for the North-Western Provinces was moved from Agra to Allahabad in 1875 and the name was correspondingly changed to the High Court of Judicature at Allahabad from 11 March 1919. On 2 November 1925, the Oudh Judicial Commissioner's Court was replaced by

999-422: The first time in the appeal. In most U.S. states, and in U.S. federal courts, parties before the court are allowed one appeal as of right. This means that a party who is unsatisfied with the outcome of a trial may bring an appeal to contest that outcome. However, appeals may be costly, and the appellate court must find an error on the part of the court below that justifies upsetting the verdict. Therefore, only

1036-402: The highest courts of appellate jurisdiction in each state and union territory of India . However, a high court exercises its original civil and criminal jurisdiction only if the subordinate courts are not authorized by law to try such matters for lack of peculiar or territorial jurisdiction. High courts may also enjoy original jurisdiction in certain matters, if so designated, especially by

1073-456: The lower court (an appeal on the record). While many appellate courts have jurisdiction over all cases decided by lower courts, some systems have appellate courts divided by the type of jurisdiction they exercise. Some jurisdictions have specialized appellate courts, such as the Texas Court of Criminal Appeals , which only hears appeals raised in criminal cases, and the U.S. Court of Appeals for

1110-409: The lower court made the correct legal determinations, rather than hearing direct evidence and determining what the facts of the case were. Furthermore, U.S. appellate courts are usually restricted to hearing appeals based on matters that were originally brought up before the trial court. Hence, such an appellate court will not consider an appellant's argument if it is based on a theory that is raised for

1147-400: The lower court's decision if the appellate court believes the lower court misapplied the facts or the law. An appellate court may also review the lower judge's discretionary decisions, such as whether the judge properly granted a new trial or disallowed evidence. The lower court's decision is only changed in cases of an " abuse of discretion ". This standard tends to be even more deferential than

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1184-439: The matter appealed, setting out with specificity the court's determination that the action appealed from should be affirmed, reversed, remanded or modified. Depending on the type of case and the decision below, appellate review primarily consists of: an entirely new hearing (a non trial de novo ); a hearing where the appellate court gives deference to factual findings of the lower court; or review of particular legal rulings made by

1221-466: The new state was created, Allahabad High Court ceased to have jurisdiction over the districts in it. The seat of the court is at Prayagraj . Allahabad High Court maintains a permanent circuit bench at Lucknow , the administrative capital of the state. The maximum number of serving judges is 160, the highest in India. Justice Arun Bhansali is the current Chief Justice of the High Court. Residents of Western Uttar Pradesh have also been long demanding

1258-508: The newest high courts, established on 1 January 2019 according to the Andhra Pradesh Reorganisation Act, 2014 . The following are the 25 high courts in India, sorted by name, year established, act by which it was established, jurisdiction, principal seat (headquarters), permanent benches (subordinate to the principal seat), circuit benches (functional a few days in a month/year), the maximum number of judges sanctioned, and

1295-413: The presiding chief justice of the high court: Appellate jurisdiction An appellate court , commonly called a court of appeal(s) , appeal court , court of second instance or second instance court , is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal . In much of the world, court systems are divided into at least three levels:

1332-454: The state supreme court. The High Court has appellate jurisdiction over all other courts. Leave must be granted by the court, before the appeal matter is heard. The High Court is paramount to all federal courts. Further, it has an constitutionally entrenched general power of appeal from the Supreme Courts of the States and Territories . Appeals to the High Court are by special leave only, which

1369-504: The trial court, which initially hears cases and considers factual evidence and testimony relevant to the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis . A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review , an appellate court decides

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