Mm Court Meaning

Let us now turn to the courts that are subordinate to the ASJ and the ADJ. Can you guess – yes, you correctly guessed that the metropolitan magistrate or the judicial magistrate reports to the ASJ and the civil judge reports to the ADJ. The word metropolitan magistrate should not be confused with judicial magistrate. Both words refer to the same position of the judges. In metropolitan areas, a magistrate is called metropolitan magistrate (MM) and in other cities, he is called judicial magistrate (JM). The High Court appoints the Chief Metropolitan Magistrate of each Metropolitan Court. The High Court may also appoint an additional Chief Metropolitan Magistrate for a territory, with all or part of the powers of a Chief Metropolitan Magistrate, as directed by the High Court. In addition to the chief metropolitan magistrate and the additional chief metropolitan magistrate, there are also metropolitan magistrates, also known as first-class magistrates, who work as subordinates to the chief metropolitan magistrate. Two or more metropolitan magistrates may sit together as judges, subject to the rules laid down by the MWC. All metropolitan magistrates, including the ACMM and the benches of the magistrates généraux, are subordinate to the CMM.

An additional district judge hears civil cases as a court of appeal or trial court. The question of whether or not a case can be tried by ADJ is decided on the basis of the financial jurisdiction, which simply means that the monetary value of the dispute or the disputed property, shares, interests, etc., I think there will never be confusion in your mind about the difference between ASJ and ADJ. Both authorities hear appeals and reviews in their criminal and civil matters against the order or judgement of the magistrate or civil judge. Article 6 of the 1973 Code of Criminal Procedure classifies criminal courts into four main groups, namely: Like the ASJ and ADJ, the judge deals with criminal cases and the civil judge with civil cases. The magistrate`s procedure is determined in accordance with the relevant sections, and the civil judge is referred to his financial jurisdiction as a civil case. Your decisions will later be challenged in the court of the Supplemental Session Judge or the Additional District Judge by the aggrieved party who is not satisfied with the decision or order. He may also serve as Chief Justice or Presiding Judge. Thus, a single term can be used as a synonym as soon as a „metropolitan area“ comes into play. This is the specialty of a „metropolitan magistrate“ and distinguishes him from other court officials. This article takes a closer look at the concept of metropolitan magistrate in relation to the 1973 Code of Criminal Procedure. The judge is the person who renders the verdict. It is in the center of the courtyard.

Each party to the case shall address its arguments, points and explanations to the judge of the court concerned. The courts of the second level of the Metropolitan Magistrate have been described in detail in section 16 of the Code of Criminal Procedure of 1973. While Article 16 § 1 provides that the number of courts of metropolitan magistrates to be established in each agglomeration is to be transferred to the State Government in consultation with the High Court of the State concerned, Article 16 (2) confers on the High Court of that State the power to appoint the presidents of such courts. Article 3 provides that the courts of the metropolitan magistrate shall exercise their jurisdiction over the entire territory of the agglomeration. In the case of Shah Jethalal Lalji v. Khimji M. Bhujpuria (1974), the Bombay High Court held that the jurisdiction of each metropolitan magistrate under section 16 § 3 of the 1973 Code extended to the trial of an offence committed anywhere in the metropolitan area. This article was written by Oishika Banerji of Amity Law School, Kolkata.

This article provides a detailed analysis of what distinguishes a metropolitan magistrate from other court officials. The Court of Session is a court that deals exclusively with criminal cases as a court of appeal or court of first instance. The judge of the sessions is called the judge of the additional sessions (ASJ). What does court of first instance mean? This means that the procedure is conducted by the court. There are so many crimes that can be tried by the session court, and the same is decided depending on the sections involved in the FIR or the case. Are you planning to conduct a business? Well, have some understanding of the hierarchy and functioning of the district court. It is indeed necessary to know the chamber of the district court so that you can take the right measures in your case. The District Court is a judicial institution that operates under the observation and control of the Supreme Court of the State concerned. The district court is popularly known as the court of first instance. The fundamental characteristic of such a court is to conduct the trial by recording witness statements and gathering documents and evidence from both parties.

Therefore, it is also considered a de facto court. Metropolitan Magistrates` Courts are located at the second lowest level of criminal court structure in India Section 16 of the Criminal Procedure Code of 1973 provides for the establishment of as many Metropolitan Magistrates` Courts in each metropolitan area and in the places specified in the notification by the State Government, after consultation with the Supreme Court. Metropolitan courts must be established in such places in any metropolitan area with a population of ten lakh or more. He is responsible for this metropolitan area. The presidents of these courts are appointed by the High Court. There are so many judges in the district court and one of them is called the chief metropolitan magistrate or the chief judicial magistrate. In many districts, magistrates are classified as magistrates (first or second class). The same type of categorization is also present in many district courts called senior and junior civil judges. The Chief Metropolitan Magistrate or Chief Judicial Magistrate is also responsible for administrative functions and the assignment of cases to other judges. Each district has a district court and the head of this court is called the district and session judge (DJ). Under the administrative supervision of the district judge, additional sessions of judges (ASJ) and additional district judges (ADJ) work. The main difference between the two is that the ASJ deals with criminal cases and the ADJ with civil cases.

It`s a very simple difference, but a lot of people are confused. In the case of a case before the court of first instance, it is necessary to know the functioning and hierarchy of the district court. Section 260 (1) of the 1973 Code of Criminal Procedure confers on any Chief Magistrate, Metropolitan Magistrate and First Class Magistrate expressly empowered by the High Court to convict by summary conviction. A summary process indicates rapid completion. A summary case is one that can be tried and decided on the spot. The purpose of a summary trial is to have a record sufficient for justice purposes, but not complete enough to prevent the case from being resolved. In general, it applies to offences that are not punishable by imprisonment for more than two years. It shall also apply to certain offences listed in subparagraphs (ii) to (ix) of paragraph 1. It is at the discretion of the magistrate to hear a case summarily based on the facts of the case. Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content.

The referral of cases to subordinate judges after becoming aware of a criminal offence for investigation or judicial proceedings is another important power conferred on a Chief Justice under section 192 of the 1973 Code. The requirements of this section are intended to divide work among judges when there is more than one in the same place. This article allows cases to be transferred to a subordinate judge qualified to conduct the investigation or proceedings. A superior judge may withdraw or recall any case assigned to a subordinate judge under section 410. According to that provision, no notification of the accused person is required. However, according to article 410, the magistrate is obliged to register his reasoning. It is important to mention that the head of the district court is the district and session judge, popularly known as DJ. Thus, DJ is responsible for all administrative functions and the assignment of cases to other judges of his rank. However, it also agrees to hear cases after it has been considered, and there is no restriction that it only deals with civil and criminal cases. He is therefore free to hear civil and criminal cases.

Finally, I would like to tell you that this is not a constant and fixed pattern of the position of a judge in the district court. They are often transferred from the magistrate to the civil judge or from the ASJ to the ADJ by order of the High Court. Many judges are also promoted from MM to CMM and also to the positions of ASJ and ADJ. The justice system is very much alive, it monitors and promotes them. Everyone needs to know the hierarchy of judges in the district court. „Metropolitan magistrate“ is a term coined with the help of „metropolitan area“ under article 8 of the 1973 Code of Criminal Procedure. According to that provision, any territory of the State comprising a city of more than one million inhabitants is an agglomeration within the meaning of the 1973 Code. Since we have acquired some knowledge about the „metropolitan area“, we can quickly turn to paragraphs 1, 2 and 3 of section 3 of the above-mentioned Code, which clarifies the term „magistrates“ used conclusively in the Code.

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