Jurisdiction of court of Additional Civil Judge Chandigarh
2 years ago
There is a succession case filed by the petitioner versus the general public and the Registrar Cooperative societies punjab, which is a Senior level IAS officer and head of department as well. The case is filed in the court of Additional Civil Judge Senior Division, Chandigarh. Can a head of department be tried in subordinate civil court?
A.Dear Client,
Yes, the head of department can be tried in subordinate civil court as they have power to deal with civil cases, criminal cases and revenue cases. They exercise jurisdiction over all civil cases.
Thank You.
Yes, the head of department can be tried in subordinate civil court as they have power to deal with civil cases, criminal cases and revenue cases. They exercise jurisdiction over all civil cases.
Thank You.
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A.Dear Sir,
Claim for Succession Certificate is to be filed generally in the District Court and as per the rules of Punjab and Haryana High Court it may be filed before Additional Civil Judge, Senior Division, Chandigarh (Please check). The Courts are superior to head of the department as such it has jurisdiction.
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Section 372 in The Indian Succession Act, 1925
372 Application for certificate. —
(1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:—
(a) the time of the death of the deceased;
(b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits;
(c) the family or other near relatives of the deceased and their respective residences;
(d) the right in which the petitioner claims;
(e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and
(f) the debts and securities in respect of which the certificate is applied for.
(2) If the petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true, that person shall be deemed to have committed an offence under section 198 of the Indian Penal Code, 1860 (45 of 1860).
56 [(3) Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof.]
I could have explained more if background is known to me. I am at your service if you visit my office.
Please give me FIVE STAR if satisfied by my answers and you may approach me through Vidhikarya for further clarifications.
Claim for Succession Certificate is to be filed generally in the District Court and as per the rules of Punjab and Haryana High Court it may be filed before Additional Civil Judge, Senior Division, Chandigarh (Please check). The Courts are superior to head of the department as such it has jurisdiction.
=================================================================
Section 372 in The Indian Succession Act, 1925
372 Application for certificate. —
(1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:—
(a) the time of the death of the deceased;
(b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits;
(c) the family or other near relatives of the deceased and their respective residences;
(d) the right in which the petitioner claims;
(e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and
(f) the debts and securities in respect of which the certificate is applied for.
(2) If the petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true, that person shall be deemed to have committed an offence under section 198 of the Indian Penal Code, 1860 (45 of 1860).
56 [(3) Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof.]
I could have explained more if background is known to me. I am at your service if you visit my office.
Please give me FIVE STAR if satisfied by my answers and you may approach me through Vidhikarya for further clarifications.
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