Courts and forums
Where will my dispute be heard? The courts and tribunals of Karnataka, explained
One of the first questions in any dispute is where it should be filed. Filing in the wrong forum wastes time and money. This overview covers the main forums in Bengaluru and Karnataka. It is a general guide, and the right forum always depends on the facts and the statute involved.
Civil disputes
- Civil courts hear most property, contract and money disputes, with the court level depending on the value and nature of the claim.
- Commercial courts hear "commercial disputes" above the specified value under the Commercial Courts Act, 2015. That Act also requires pre-institution mediation in most cases where no urgent interim relief is sought.
- Family courts hear matrimonial and related matters.
Criminal matters
- Magistrate courts try less serious offences and deal with remand and many bail applications.
- Sessions courts try serious offences, and also hear bail and appeals.
- Special courts, such as those under the NDPS Act, try offences under particular statutes.
- The High Court of Karnataka exercises inherent and revisional powers, including quashing of proceedings under Section 528 of the BNSS.
Sector-specific forums
- K-RERA and the Adjudicating Officer deal with complaints against real estate promoters, and the Karnataka Real Estate Appellate Tribunal hears appeals from them.
- Consumer commissions at the district, state and national level hear consumer complaints, depending on the value of the claim.
- The National Company Law Tribunal has a bench in Bengaluru for company and insolvency matters.
- Debts Recovery Tribunals handle recovery claims by banks and financial institutions.
- Arbitral tribunals hear disputes referred under an arbitration agreement, with courts supervising in limited ways.
The High Court and the Supreme Court
The High Court of Karnataka has its principal seat in Bengaluru, with benches at Dharwad and Kalaburagi. It hears appeals and revisions from lower courts and tribunals, and writ petitions under Article 226 of the Constitution. The Supreme Court is the final court of appeal.
How to choose
- Identify the subject of the dispute: property, contract, consumer service, crime, company matters or something else.
- Check whether a special statute gives a particular forum exclusive jurisdiction.
- Look at the value of the claim, which can decide the court level.
- Check the territorial jurisdiction: where the parties live or work, or where the cause of action arose.
- Note any pre-filing steps, such as notices or mediation, and limitation periods.
If you are unsure, take advice before filing. A short consultation can save months.
For more on specific areas, see reralawyerbangalore.com for RERA matters and bangalorehighcourtadvocate.com for High Court practice.
This article is for general information only. It is not legal advice, and the law and its interpretation change. Please consult an advocate about your specific facts before acting.