Section 2: Which court may receive a plaint

Supreme Court decisions interpreting this section

1. Supreme Court Judgment No. 8192/2560 (2017)

   For a victim's claim for compensation joined to a criminal case under Criminal Procedure Code Section 44/1, the court need not consider whether it has civil jurisdiction under Section 2(1) and the Constitution of the Courts of Justice Act, so a single judge may award damages exceeding the ordinary civil limit.

   The plaintiff sought civil compensation in a criminal case in an amount above a single judge's ordinary civil jurisdiction. The court held that a compensation claim attached to a criminal case under Criminal Procedure Code Section 44/1 is not subject to the Section 2(1) civil jurisdiction test, so the single judge could award the full amount.

2. Supreme Court Judgment No. 1193/2559 (2016)

   A court examining an incoming plaint must verify that it has the power to adjudicate the case under Section 2(1); where the basis of the claim falls outside that power, the court may decline to accept the plaint under Section 18 and return the court fee.

   On reviewing the plaint, the first court found the basis of the claim outside its adjudicatory power and refused it under Section 18 paragraph three together with Section 2(1), returning the court fee. The plaintiff then appealed the point of law directly, raising whether the court should have accepted the plaint as one within its jurisdiction.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.