History

The District Courts in every District and Outlying Courts in some of the Tehsil Headquarters in the State of Uttarakhand are established by the State Government in consultation with the High Court, taking into account the number of cases, the topography of the place and the population distribution in the District. There is a three-tier system of Courts functioning at the District level. These District Courts at various levels administer justice in the State of Uttarakhand under the administrative and supervisory control of the High Court of the State.

The highest Court in each District is that of the District and Sessions Judge. This is the Principal Court of civil and criminal jurisdiction, which derives its jurisdiction in civil matters, like other Civil Courts of the State, primarily from “The Bengal, Agra and Assam Civil Courts Act, 1887”. This is also a Court of Sessions and a Special Court of Sessions, Sessions cases and Special Sessions cases are tried by this Court. Apart from that in some of the Districts in the State, Courts of Additional District and Sessions Judges are also established, in addition to the Courts of the District and Sessions Judge depending on the number of cases, the topography of the place and the population distribution in the District. These Courts exercise jurisdiction both side on original as well as appellate sides in civil and criminal matters arising in the District. On the criminal side, jurisdiction is almost exclusively derived from the Code of Criminal Procedure. This Code sets the maximum sentence which a Sessions Court may award, which is currently capital punishment, subject to confirmation by the High Court under Section 366 of the Code of Criminal Procedure, 1973. The District Judge also acts as the Presiding Officer of the Motor Accident Claims Tribunal dealing with the motor accident cases. Besides this, certain matters on the criminal or civil side cannot be tried by a court inferior in jurisdiction to a District Court, if the particular enactment makes a provision to that effect. This gives the District Courts original jurisdiction in such matters.

However, in every District, the District and Sessions Judge has supervisory and administrative control over all the Judges and Judicial Magistrates, including decisions on the allocation of work among them. Being the highest Judge at the district level, the District and Sessions Judge also enjoys the power to manage the state funds allocated for the development of the judiciary in the District.

The court of the Chief Judicial Magistrate and the court of the Judicial Magistrate (Ist Class) are functioning in every District of Uttarakhand. In some of the Districts, depending on the number of cases, the topography of the place and the population distribution in the District, the Courts of Additional Chief Judicial Magistrates and additional courts of Judicial Magistrates are also functioning. The Court of the Additional Chief Judicial Magistrate, Railway is also functioning in Haldwani of Nainital District. On the criminal side, the jurisdiction of Courts is almost exclusively derived from the Code of Criminal Procedure and these Courts can award the punishment as prescribed by the Code of Criminal Procedure, 1973 itself. The Chief Judicial Magistrate is subordinate to the District and Sessions Judge and every other Judicial Magistrate is subject to the general control of the District and Sessions Judge, and is subordinate to the Chief Judicial Magistrate. The Chief Judicial Magistrate in consultation with the District and Sessions Judge, distributes the business among the Judicial Magistrates subordinate to him.

Besides these Courts, in every District of Uttarakhand there are many other Courts subordinate to the Courts of the District and Sessions Judge, either at the headquarter or at an outlying tehsil in the District. These subordinate Courts usually consist of the Courts of Senior Civil Judges and Civil Judges, on the civil side. In some of the Districts there are additional Courts of Additional Senior Civil Judge and Courts of Additional Civil Judge.

The Family Courts are also established in many of the Districts of the State.

The Commercial Court is also established in the Dehradun District of the State.

The Labour Courts are established in Dehradun, Haridwar District and in Kashipur of Udham Singh Nagar District, and an Industrial Tribunal-cum-Labour Court is also established in Haldwani of Nainital District.

The Food Safety Appellate Tribunals are also established in Dehradun District and in Haldwani in Nainital District.

In every District a Consumer Forum and a Juvenile Justice Board are established to deal with the cases of consumers and juveniles respectively. The State Consumer Disputes Redressal Commission is established at Dehradun.

Besides these Courts, the State Transport Appellate Tribunal, Commercial Tax Tribunal, Co-operative Tribunal, Public Services Tribunal are also established in the State.

To provide legal aid to needy people, in every District, the District Legal Services Authority is also functioning under the chairmanship of the District Judge and the establishment of State Legal Services Authority is situated in the premises of the High Court of Uttarakhand at Nainital to govern and administer the work of legal literacy / legal aid in the State.