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Admission
After a case is registered it is placed before the
Court for its hearing, known as the preliminary
hearing. The Court considers whether the case
should be proceeded with by directing the
respondents to show cause why the petition
should not be admitted. Sometimes the Court
admits a case without hearing the respondents,
or dismisses the case.
If the case is admitted, it is listed for a more
detailed hearing. Notice is issued thereafter
Affidavit
This is a sworn statement made by a party, in
writing, made in the presence of an oath
commissioner or a notary public which is used either
in support of applications to the Court or as evidence
in court proceedings. In writ jurisdiction, cases are
generally disposed of on the basis of affidavits. An
affidavit in reply to a petition, filed by a respondent,
is called a counter affidavit. The petitioners
response to this counter, is called a rejoinder
affidavit. All affidavits are verified as to the truth of
their contents.
Appeal
The correctness of the decision of a lower court or
tribunal is questioned by way of an appeal in a
higher court.
Arbitration
Settling disputes by referring them to independent
third parties as an alternative to court proceedings.
Attestation
The authentication of a signature by an authorized
person, who could be an oaths commissioner or a
notary public.
ANAPPEALAND AREVISION
The
two
i.e.
anappealand
arevisionare
differentconcepts
and
have
been
enacted
fordifferentpurposes. Their goals aredifferentand
they
servedifferentpurpose's
and
operate
indifferentspheres.
Appealis a genus andrevisionis a species thereof.
Anappeal covers a wider field. A party can approach
a superior Court by way of anappealen a point of law
as well as on facts. Once anappealis dismissed party
has got right to prefer a secondappeal. However, this
is not the case with therevision. The scope
ofrevisionis narrower in comparison to anappeal.
ANAPPEALAND AREVISION
ANAPPEALAND AREVISION
ANAPPEALAND AREVISION
Bench
The composition of judges sitting to hear a matter in court. In
the High Court, judges can sit singly, in division benches of two
judges or in full benches of three or more judges. In the
Supreme Court, the vacation judge or judge in chambers may
sit singly; division benches comprise two or three judges;
constitution benches five or more judges. The largest bench
constituted in the Supreme Court has been of thirteen judges
for the Kesavananda Bharati case in 1973. One or more judges
in a case may give judgement, but it is the majority opinion
that is the judgement of the Court. A smaller bench is bound
by the judgement of a larger bench; the judgement of a bench
can only be overruled by the judgement of a larger bench
Caveat
Where it is apprehended that an opposite party may file a case,
a party may file a document requesting the court that no order
be made in the case without hearing the caveator.
Caveator
A party who files a caveat.
Commission
A commission is appointed by a court to ascertain or
investigate facts needed to decide a case. A commission is
usually given specific terms of reference. Members of a
commission have been chosen from amongst experts,
academics, social activists/workers, advocates, judges and
others. Costs of the commission are usually borne by the State.
Such commissions have often been appointed in PILs.
Court Fees
These are mandatory charges payable
by affixing judicial stamps on petitions,
applications and various kinds of
documents before they are filed in a
court. It is only in legal aid matters that
the petitioners are exempt from paying
these fees.
Contempt of Court
A party wilfully disobeying an order of a court can be held
in contempt of that court. Under the Contempt of Courts
Act, 1971 this is defined as civil contempt.
Any act that lowers the authority of the Court or interferes
with the course of justice is defined as criminal contempt.
Each court has the power to punish anyone committing
contempt of a court and in some cases the Court can issue
suo motu notice of contempt. Under Article 129 of the
Constitution, the Supreme Court is given the power to
punish for contempt; under Article 215 of the Constitution
the High Court is given similar powers.
Decree
The formal expression of an adjudication which,
so far as regards the Court expressing it,
conclusively determines the rights of the parties
with regard to all or any of the matters in
controversy in the suit and may be either
preliminary or final.
Estoppel
A legal principle that bars a party from denying
or alleging a certain fact owing to that partys
previous conduct, allegation, or denial.
Ex gratia
Translates from Latin as out of grace.
Where a court directs that a payment
be made to a party ex gratia, it may
not be adjusted against any legal right
or claim of that party.
Ex-parte
In absence of the opposite side or
party.
High Court
Article 214 of the Constitution provides
that each state shall have a High Court.
This is the highest court in a state and
is subordinate only to the Supreme
Court of India.
Infructuous
A petition or application to the court becomes infructuous
when the fundamental premises upon which a petition is
based no longer exist or where the relief sought has
already been granted to the petitioner
Issue
Notice
When a Court decides to consider a case it asks the
respondents to explain why the case should not be
admitted (show cause). This is done by a notice sent to the
respondents which gives the details of the case and the
next date of hearing alongwith a copy of the petition. If the
respondent does not appear on this date, the court may
proceed ex parte
Judgment
The final order of a court in a case
which, while giving reasons, conclusively
decides the rights of parties in the case,
resolves the dispute and grants reliefs
Judgment-debtor
Any person against whom a decree has
been passed or an order capable of
execution has been made
Litigation
The totality of the legal proceedings in any dispute.
Locus
Standi
Translated from Latin as place of standing, locus standi gives
the right to pursue a litigation. Under this rule, only a person
or group of persons affected by the issue may petition the
Court.
A petition may be dismissed on the preliminary ground that
the petitioner lacks locus standi. However, in PIL, the locus
standi of public spirited persons to petition on behalf of others
has been recognized.
This relaxation of the rule of standing is an important feature
of PILfor instance, journalists, lawyers, politicians, social
activists, students, or any concerned individual not acting
for personal interest or gain, and not as a busy body, have
been given standing
Mesne-profits
Those profits which the person in wrongful
possession of such property actually received or
might with ordinary diligence have received
therefrom, together with interest on such profits,
but shall not include profits due to improvements
made by the person in wrongful possession;
Order
Any oral or written direction given by a Court or
any authority which is to be obeyed
Petition
A written document filed in a court asserting a claim or a right
and seeking relief on legal grounds.
Res
Judicata
A legal principle which prevents a party to a case which has been
finally decided from bringing an action on the same issue. For
example, a case is barred by res judicata if an earlier case
between the same parties has decided upon the same points. This
is embodied in Section 11 of the Code of Civil Procedure, 1908.
Revision
Orders that cannot be appealed against can be revised by the
High Court on specific grounds, as provided in S 115 of the Code
of Civil Procedure, 1908 and Ss. 397 and 401 of the Code of
Criminal Procedure, 1973.
Review
A court has the power to review its orders
on specified grounds, as provided by law.
Generally the same court which passed the
order or judgement in a case reviews its
decision.
There is, however, no inherent power in a
court to review its decisions. The power has
to be given by statute or be found in the
Constitution.
ARTICLE 136
Special
Leave
Petition
under Article 136 the SC is authorized to grant in its
discretion special leave to appeal from (a) any
judgment, decree, determination, sentence or
order, (b) in any case or matter, (c) passed or made
by any court or tribunal in the territory of India.
The correctness of any order made by any court or
tribunal can be questioned by filing a petition in the
Supreme Court under Article 136 of the
Constitution. If the Supreme Court grants
permission, i.e. "leave", the petition is registered as
an appeal.
Stay
Order
A party filing a petition may require some immediate
relief, even before the respondents can be heard or a
final decision given. An application is filed seeking an
interim order either to prevent the respondents from
performing an action that will affect the rights of the
petitioner or to prevent an order from being carried
out.
Sub
judice
A matter pending decision by a Court. Parties to such
a matter are required not to do anything that would
affect the outcome of the case.
Suo
Motu
SUPREME COURT
The highest court in the country
constituted under Article 124 of the
Constitution. Its decisions are law under
Article 141 and are binding on all lower
courts. It has unlimited powers to do
complete justice. It exercises original as
well as appellate jurisdiction. Under
Article 143 the President of India can ask
the Supreme Court for an opinion on
questions of law or fact.
SUPREME COURT
Statute
A codified law that is enacted by the Parliament or a
State Legislature. A statute may provide for the making
of Rules and Regulations by the executive to facilitate
its implementation.
Ultra vires
Outside the power of.
Void
One that law regards as never having taken place
Voidable
Capable of being set aside as void at the option of a
party.
FIR
FIR
FIR
NC