The High Court of judicature for the provinecs of Punjab and Delhi to be called ' The High Court Judicature at Lahore' was established through a Letters Patent dated March 20, 1919 issued by the Grorge the Fifth by virtue of the powers conferred by Section 113 of the Government of India Act, 1915. The High Court of juducature at Lahore was a court of record. Earlier the said provinecs were subject to the jurisdication of the Chief Court of the Punjab established by an Act of the Governer General of India in Council, being Act No. XXIII of 1865. The Letters Patent has been amendend from time to time.
After the partition of the country, the Constitution of India conferred original writ jurisdiction under Article 226 of the Constitution of India upon the High Court. No other Court subordinate to High Court has got the power to issue such prerogative writs.. Under Article 226 of the Constitution of India, the High Court has got the power, throughout the territories in relation to which it exercises its jurisdiction, to issue to any person or authority, including in appropriate cases,any Government, within those territories, directions, orders or writs including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari or any of them for the enforcement of fundamental rights conferred by Part III of the Constitution and for any other purpose. In fact, the power of the High Court to issue writs is larger than that of Hon'ble Supreme Court as Hon'ble Supreme Court can issue writs under Article 32 of the Constitution of India in cases where the fundamental rights of a person have been violated, whereas the High Court can issue writs in respect of the violation of fundamental rights or in respect of cases where the legal rights of the persons have been jeopardized. Article 226 read as under:
The High Court also exercises superintendence over all Subordinate Courts situated within its jurisdiction by virtue of Article 227 of the Constitution. As per Article 227, the High Court may call for returns from such courts; make and issue general rules and prescribe forms for regulating the practice and proceedings of the such courts and prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts. Article 227 read as under:-
The Public Interest Litigation has opened new gates for the litigants to invoke the jurisdiction of the High Court. Now, any public spirited person or a social activist group can invoke the jurisdiction of the High Court by filing a Public Interest Petition. The filing of these petitions is now regulated by the Rules farmed by the High Court. The High Court has also exercised jurisdiction on the basis of news items published in the newspapers and on the basis of the letters written by the aggrieved persons to it.
Under various Central and State enachments, the High Court has been conferred with appellate as well as revisional jurisdiction.l. An appeal is a creation of the statute and can be filed by a person only in case the law provides for the same. No one has got a right to file an appeal. As per Section 100 of the Code of Civil Procedure, an aggrieved party can file an appeal to the High Court from every decree passed in appeal by any court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law. Section 100 of the Code of Civil Procedure reads as under:-
100 - Second appeal.
Even under the fiscal statutes, such as Income-tax Act, the High Court exercises appellate jurisdiction. Section 260A of the Income-Tax Act, 1961 confers the right of an appeal against any order passed in appeal by the Income Tax Appellate Tribunal, if the High Court is satisfied that the case involves a substantial question of Law.
Further, under Section 115 of the Code of Civil Procedure, the High Court may call for the record of any case, which has been decided by any court subordinate to the High Court and in which no appeal lies thereto, if it appears to the High Court that the subordinate court has exercised a jurisdiction not vested in it by law or has failed to exercise the jurisdiction so vested or has acted in the exercise of its jurisdiction illegally or with material irregularity. The High Court can also withdraw any suit, appeal or other proceeding pending in any court subordinate to it and try or dispose of the same or transfer the same for trial or disposal to any court subordinate to it and competent to try or dispose of the same or re-transfer the same for trial or disposal to the court from which it was withdrawn. Section 115 of the Code of Civil Procedure is as under:-
Provided that the High Court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceedings.
Explanation,- In his section, the expression," any case which has been decided" includes any order made, or any order deciding an issue, in the course of a suit or other proceeding.)
The Punjab Courts Act, 1918 determines the jurisdiction of the civil courts subordinate to the High Court. The said Act has been amended from time to time by the present States of Punjab and Haryana. The Union Territory of Chandigarh generally adopts the Laws enacted by State of Punjab under the Provisions of Punjab Reorganisation Act, 1966. The civil judges in the States of Punjab, Haryana and Chandigarh have unlimited pecuniary jurisdiction i.e that any suit of any value can be instituted before the civil judge. The District Judges including Additional District Judges have power to hear appeals aganist the judgment and decree granted by civil judges under the Code of Civil Procedure. However, certain statues confer jurisdiction of first appeal before the High Court as well. The High Court has power to interfere with the judgment and decree if the civil court in second appeal if the findings recorded give rise to substantial question law.
Under the Code of Criminal Procedure, 1973, also the High Court has got appellate and revisional jurisdiction. Under Section 377 of the Code of Criminal Procedure, 1973, the State Government may in any case of conviction on a trial held by any court other than a High Court, direct the Public Prosecutor to present an appeal to the High Court against the sentence on the ground of its inadequacy. As per Section 378 of the Code of Criminal Procedure, 1973, the State Government may in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any court other than a High Court. As per Section 401 of the Code of Criminal Procedure, the High Court can call for an examine the record of any proceeding before any inferior Criminal Court situate within its local jurisdiction for the purpose of satisfying itself 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.
Further under Section 407 of the Code of Criminal Procedure, 1973, the High Court can transfer any particular case, or appeal, or class of cases or appeals, from a Criminal court subordinate to its authority to any other Criminal Court of equal or superior jurisdiction.
It would be in the fitness of things in case the particular enactment is perused before filing any case in the High Court.