Civil cases and Criminal cases
What is a liability -
When a person has committed wrong he will be liable. Thus liability is the condition of the person who has committed a wrong.
According to Sir John Salmond, liability is a bond of necessity that exists between the wrongdoer and the remedy for the wrong.
Kinds of Liability -
Liability can be classified into a penal and remedial liability.
Measures of Penal and Civil Liability -
Measure of penal liability -
The measure of penal (Criminal) liability mainly based on the following three major considerations -
1) The motive of the commission of an offense
2) The nature/magnitude of the offense
3) The character of the offender
The motive of offense is an important factor in determining the penal liability and sentencing of the offender. The gravity, nature or magnitude of the orphans is the evil consequences resulting from the offenders' criminal act. This factor is also considered while sentencing the offender. The character of the offender is also one of the important factors which is taken into consideration by the Court while deciding the nature and quantum of punishment. In case of harden or habitual offender reformative measures such as Probation, Parole etc hardly served any useful purpose. Therefore deterrent punishment can only be proper and adequate in such cases. Whereas first offenders, juveniles, and persons who have committed an offense under compelling circumstances may be dealt with leniently and lesser punishment main serves a useful purpose in the cases.
Under the Indian Criminal Law, the maximum punishment for different offenses has been laid down in the Indian penal code and it is left to the judicial discretion of the magistrate to decide the quantum of punishment keeping in view the motive of the offender, his character and the gravity of the offense.
Measure of civil liability -
The purpose of civil liability is to award compensation to the injured party. The quantum of the compensation is dependent on the actual loss caused to the plaintiff. in civil cases, neither the character nor the motive, of the defendant is relevant in determining the liability. It has been held in Headley vs Baxendale (1854), that the damages will be awarded only for the direct consequences arising out of the usual course of business and not for directed or to remote consequences.
What is Jurisdiction -
Jurisdiction is the power to hear and determine the subject matter in controversy between the parties to suit. The word jurisdiction is derived from the word juris and deco, Jurisdiction means, the authority by which court has to decide matter that is delegated before or to take cognizance of matter presented in a formal way for its decision, the Statute under which the Court Constituted and may be extended, restricted by The like means, impose the limits for authority. If there is no restriction or limit imposed the jurisdiction is unlimited. Jurisdiction in courts is the power and authority to declare the law. If the Law confers the power to render a judgment or decree then the court has jurisdiction.
A) Jurisdiction of Civil Court -
Section 9 of the Code of Civil Procedure provides that a Civil Court has jurisdiction to try all suits of civil nature unless and until they are specifically barred by any special enactment. Section 9 of the said Code provides that a Civil Court shall have jurisdiction to try all Suit of civil nature except suits of which their cognizance is either expressly or impliedly barred.
Conditions -
(1) The Suit must be of a Civil nature
(2) The cognizance of such suit should not have been expressly or impliedly Barred
Section 9 -
Courts to try all civil suits unless barred... The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.
Explanation I - A suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies.
Explanation II - For the purposes of this section, it is immaterial whether or not any fees are attached to the office referred to in Explanation I or whether or not such office is attached to a particular place.
B) Jurisdiction of Criminal Court -
Section 6 to Section 25 of the Criminal Procedure Code deals with the provisions of the constitution of criminal courts. According to the nature and gravity of the offense and punishment for the offense committed, the jurisdiction of the criminal court is determined Under The Criminal Procedure Code.
Section 26 of The Criminal Procedure Code provides a mechanism under which offense under Indian Penal Code can be tried by the High Court or the Court of Session or by any other Court prescribed by the first schedule of the Court for such offense.
