Sub-Divisional Magistrate (SDM) Court Archives - Advocate Neha Batra - Best Divorce lawyer in Delhi https://advnehabatra.com/tag/sub-divisional-magistrate-sdm-court Best Divorce lawyer in Delhi | Law Firm in Delhi | Best Advocate in Delhi | Fri, 14 Jul 2023 09:07:26 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.1 https://advnehabatra.com/wp-content/uploads/2021/08/cropped-favicon-32x32.png Sub-Divisional Magistrate (SDM) Court Archives - Advocate Neha Batra - Best Divorce lawyer in Delhi https://advnehabatra.com/tag/sub-divisional-magistrate-sdm-court 32 32 What kind of matters are taken up in SDM courts in India? https://advnehabatra.com/what-kind-of-matters-are-taken-up-in-sdm-courts-in-india https://advnehabatra.com/what-kind-of-matters-are-taken-up-in-sdm-courts-in-india#respond Fri, 14 Jul 2023 09:07:26 +0000 https://advnehabatra.com/?p=12202 The Sub-Divisional Magistrate (SDM) courts in India handle a wide range of matters, including both civil and criminal cases. The specific types of cases that come under the jurisdiction of SDM courts may vary from state to state, as they are determined by the respective state laws. However, here are some common categories of matters […]

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The Sub-Divisional Magistrate (SDM) courts in India handle a wide range of matters, including both civil and criminal cases. The specific types of cases that come under the jurisdiction of SDM courts may vary from state to state, as they are determined by the respective state laws. However, here are some common categories of matters typically taken up in SDM courts:

Land and Property Matters

Land disputes and boundary disputes
Partition of property
Mutation of land records
Transfer of property
Land acquisition matters
Conversion of land use

Marriage and Family Matters

Marriage registrations and certificates
Matrimonial disputes and divorce cases
Maintenance and alimony claims
Child custody matters
Adoption and guardianship cases
Succession and inheritance matters

 

Also Read, POWERS OF THE SUB-DIVISIONAL MAGISTRATE (SDM) COURT IN INDIA

Revenue and Municipal Matters

Collection of land revenue and property taxes
Issuance and verification of various certificates (e.g., income, domicile, caste, etc.)
Granting permissions and licenses (e.g., arms license, trade license, etc.)
Eviction of unauthorized occupants from government land

Disputes related to government schemes and welfare programs
Criminal Matters

Cases related to public order and peace maintenance
Offenses under local and special laws
Arrest, detention, and release of accused persons
Issuing warrants and orders for preventive detention
Cases involving minor offenses and petty crimes

Miscellaneous Matters

Issuance of various certificates (e.g., character certificate, survivor certificate, etc.)
Registration of societies, trusts, and NGOs
Matters related to public demonstrations and protests
Execution of various government schemes and programs
Any other matters specifically assigned to the SDM court by law.

It’s important to note that the jurisdiction and powers of SDM courts can differ across states and may be subject to amendments and modifications. Therefore, it’s advisable to consult the specific state laws or consult with legal professionals to understand the precise scope of matters that can be taken up in SDM courts in a particular region.

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Powers of the Sub-Divisional Magistrate (SDM) Court in India https://advnehabatra.com/powers-of-the-sub-divisional-magistrate-sdm-court-in-india https://advnehabatra.com/powers-of-the-sub-divisional-magistrate-sdm-court-in-india#respond Thu, 13 Jul 2023 05:33:39 +0000 https://advnehabatra.com/?p=12197 The Indian judicial system consists of various levels of courts, each with its specific jurisdiction and powers. One such court is the Sub-Divisional Magistrate (SDM) Court, which holds a significant position in the hierarchy of the judicial system in India. In this blog post, we will explore the powers and functions of the SDM court, […]

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The Indian judicial system consists of various levels of courts, each with its specific jurisdiction and powers. One such court is the Sub-Divisional Magistrate (SDM) Court, which holds a significant position in the hierarchy of the judicial system in India. In this blog post, we will explore the powers and functions of the SDM court, its role in the administration of justice, and the types of cases it handles.

Jurisdiction and Composition of SDM Court

The SDM court is established at the sub-divisional level, which is an administrative division within a district in India. Each sub-division is headed by an SDM who also functions as the Judicial Magistrate of the area. The court consists of the SDM, who acts as the presiding officer, and other supporting staff.

Administrative and Executive Functions

The SDM court holds both administrative and executive powers. On the administrative front, the SDM is responsible for the overall administration of the sub-division, including maintaining law and order, land revenue matters, and various licensing procedures. They act as a bridge between the district administration and the local populace, ensuring effective governance.

Judicial Powers and Functions

The SDM court exercises limited judicial powers and is primarily responsible for the adjudication of certain civil and criminal cases within its jurisdiction. The specific powers of the SDM court may vary from state to state, as they are conferred by the respective state laws. However, some common areas where the SDM court exercises its judicial powers include:

a. Land Matters: The SDM court deals with cases related to land disputes, partition, mutation of land records, ownership disputes, etc. It has the authority to issue orders regarding land revenue matters and maintain land records.

b. Marriage Registration: In many states, the SDM court is designated as the authority responsible for solemnizing and registering marriages. It verifies the eligibility of the parties and ensures compliance with the relevant marriage laws.

c. Probate and Succession Matters: The SDM court also deals with probate and succession cases related to wills, inheritance, and distribution of property. It verifies the authenticity of wills and grants probate or letters of administration accordingly.

d. Public Order and Criminal Matters: The SDM court may exercise limited criminal jurisdiction, primarily in matters related to public order, preventive detention, maintenance of peace, and certain offenses under local and special laws.

Also Read, WHAT TO KNOW BEFORE SIGNING A SETTLEMENT DEED

Powers of Summoning, Examination, and Order

The SDM court has the power to summon witnesses, examine them, record statements, and gather evidence in cases falling within its jurisdiction. It can issue orders, directions, and injunctions to maintain law and order or resolve disputes. However, the extent of its powers may be subject to the limitations prescribed by the law or delegated by the higher courts.

Conclusion

The Sub-Divisional Magistrate (SDM) court plays a vital role in the Indian judicial system, primarily in handling specific civil and criminal cases within its jurisdiction. While its judicial powers are limited, the SDM court’s administrative and executive functions contribute significantly to the effective governance of the sub-division. Understanding the powers and functions of the SDM court is essential for individuals seeking justice and for maintaining law and order at the local level in India.

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