Skip to main content

Difference Between Judges and Magistrates

                      Difference Between Judges & Magistrates

The word Judge derived from the French word ‘Juger' and the word Magistrate is derived from English Word ‘ Magistrate’ . The Judges and Magistrates presides over courts and are responsible to make wide range of decisions on different matters of Law. The words Judge and Magistrates are often used interchangeably as synonyms but they are not same. There are differences in the functions and powers of both the Judges and Magistrates. Supreme Court is the highest Court of the Country and the High Courts are the highest courts of each states the Judges of these courts are called Justice. The presiding officers of the district and session courts are named as Judges and Magistrates. Let's know who is called as judge and who is called as Magistrate-

When a Court in district level adjudicate cases of civil matters, it is called District Court. And when the court adjudicates the criminal matters it is called Session’s Court. Now it is to be cleared that the presiding officers of civil cases and criminal cases are not different, their designation changes according to the cases. When the presiding officer adjudicates any civil case he or she is called civil Judge but when he or she adjudicates criminal case he is called as Judicial Magistrate. The designation of Judicial Magistrate is more powerful than of a Civil Judge.

Powers and Functions of Judicial Magistrates:

  • A magistrate handles all criminal cases. All jurisdictions in the criminal work is deputed to the Judicial Magistrates.

  • The Chief Judicial Magistrate exercises the criminal power over whole district. The Chief Judicial Magistrate inspects the court and offices of Magistrates. And inspects jail and lock- ups monthly.

  • The C. J. M. tries criminal cases the punishment of which is not more than 7 years. 

  • Section 29 C of the Criminal Procedure Code empowers the court of Magistrate to pass any sentence except the sentence of death or imprisonment for a term exceeding 7 years.

Powers and Functions of Judicial Magistrates:

  • The civil judges junior division has the power to decide civil cases worth up to rupees 100000.

  • The civil judges senior division has the power to try civil suits of the valuation of rupees 100000 to unlimited.

  • Civil Judge has been empowered to try the criminal cases as judicial Magistrate first class . At that time he has the powers to hear the criminal cases.

  • The civil judges junior division has the power to decide cases of Succession Act for the property valued up to rupees 250000.


Labels:

Comments

Post a Comment

Popular posts from this blog

60 Minute Marriage Counselling Session On Phone

Description A 60 minute phone call with an expert Marriage\Relationship Counselor to discuss your marriage\relationship related issues. Counselling aims to resolve issues and improve communication in a relationship. Couples’ counselling works with both people in the relationship, however sessions can start with one individual, working towards the involvement of the other partner. What's Included a) 60 minute phone call with the counselor where you can discuss all your issues and seek guidance. What's Not Included a) Counselling session via meeting
4 comments
Read more

INCOME TAX SECTION 32AD - Investment in new plant or machinery in notified backward areas in certain States

 Description (1) Where an assessee, sets up an undertaking or enterprise for manufacture or production of any article or thing, on or after the 1st day of April, 2015 in any backward area notified by the Central Government in this behalf, in the State of Andhra Pradesh or in the State of Bihar or in the State of Telangana or in the State of West Bengal, and acquires and installs any new asset for the purposes of the said undertaking or enterprise during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 in the said backward area, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new asset for the assessment year relevant to the previous year in which such new asset is installed. (2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger or re-organisation of business referred to in clause (xiii)or cla
12 comments
Read more

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B
Post a Comment
Read more