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Special Leave Petitions In India
In India, Special Leave Petitions (SLP) holds a prime place in the Judiciary of India, and has been provided as a residual power in the hands of Supreme Court of India to be exercised only in cases when any substantial question of law is involved, or gross injustice has been done. It provides the aggrieved party a special permission to be heard in apex court in appeal against any judgment or order of any court/tribunal in the territory of India, except military tribunal and court martial. The Constitution of India The Constitution of India is the supreme legal document of India, and the longest written national constitution in the world. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and ... under Article 136 vests the Supreme Court of India, the apex court of the country, with a special power to grant special leave, to appeal against any judgment or order or decree in any matter or cause, passed or made by an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judiciary Of India
The Judiciary of India (ISO: ''Bhārata kī Nyāyapālikā'') is the system of courts that interpret and apply the law in the Republic of India. The Constitution of India provides concept for a single and unified judiciary in India. India uses a mixed legal system based majorly on the common law with civil laws applicable in certain territories in combination with certain religion specific personal laws. The judiciary is structured in three levels with subsidiary parts. The Supreme Court is the highest court and serves as the final court of appeal for all civil and criminal cases in India. High Courts are the top judicial courts in individual states, led by the state Chief Justice. The High Courts manage a system of subordinate courts headed by the various District and Session Courts in their respective jurisdictions. The executive and revenue courts are managed by the respective state governments through the district magistrates or other executive magistrates. Although th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Residual Power
Reserved powers, residual powers, or residuary powers are the powers that are neither prohibited to be exercised by an Separation of powers#Typical branches, organ of government, nor given by law to any other organ of government. Such powers, as well as a Everything which is not forbidden is allowed, general power of competence, nevertheless may exist because it is impractical to detail in legislation every act allowed to be carried out by the state. By country Common law countries The United Kingdom and countries whose legal system is Common law#Propagation of the common law to the colonies and Commonwealth by reception statutes, based on common law, such as Canada, India, Israel, and Ireland, have similar legal frameworks of reserved powers. Australia In Australia, despite the centralized nature of the constitution, the High Court adopted the "reserved powers doctrine" which was used until 1920 to preserve as much autonomy for the states as can be interpreted from the cons ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of India
The Supreme Court of India is the supreme judiciary of India, judicial authority and the supreme court, highest court of the Republic of India. It is the final Appellate court, court of appeal for all civil and criminal cases in India. It also has the power of Judicial review in India, judicial review. The Supreme Court, which consists of the Chief Justice of India and a maximum of fellow 33 judges, has extensive powers in the form of original jurisdiction, original, appellate jurisdiction, appellate and Advisory opinion, advisory jurisdictions. As the apex constitutional court, it takes up appeals primarily against verdicts of the List of High Courts of India, High Courts of various states and tribunals. As an advisory court, it hears matters which are referred by the President of India#Judicial powers, president of India. Under judicial review, the court invalidates both ordinary laws as well as Amendment of the Constitution of India, constitutional amendments as per the basi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Question Of Law
In law, a question of law, also known as a point of law, is a question that must be answered by a judge and can not be answered by a jury. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence as well as inferences arising from those facts. Answers to questions of law are generally expressed in terms of broad legal principles. They can be applied to many situations rather than particular circumstances or facts. An answer to a question of law as applied to the specific facts of a case is often referred to as a ''conclusion of law''. In several civil law jurisdictions, the highest courts deem questions of fact as settled by the lower courts and will only consider questions of law. They thus may refer a case back to a lower court to re-apply the law and answer any fact-based evaluations based on their answer on the application of the law. International courts such as the Benelux Court of Justice and the European Court of Jus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appeal
In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. Terminology American English and British English have diverged significantly on the topic of appellate terminology. American cases go up "on appeal" and one "appeals from" (Intransitive verb, intransitive) or "appeals" (Transitive verb, transitive) an order, award, judgment, or conviction, while decisions of British courts are said to be "under appeal" and one "appeals against" a judgment. An American court disposes of an appeal with words like "judgment affirmed" (the appeal is without merit) or "judgment reversed" (the app ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Constitution Of India
The Constitution of India is the supreme legal document of India, and the longest written national constitution in the world. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It espouses constitutional supremacy (not parliamentary supremacy found in the United Kingdom, since it was created by a constituent assembly rather than Parliament) and was adopted with a declaration in its preamble. Although the Indian Constitution does not contain a provision to limit the powers of the parliament to amend the constitution, the Supreme Court in Kesavananda Bharati v. State of Kerala held that there were certain features of the Indian constitution so integral to its functioning and existence that they could never be cut out of the constitution. This is known as the 'Basic Structure' Doctrine. It ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Appeal
An appeal was a procedure in English law to bring about a prosecution by a private party of an individual accused of a heinous crime. Generally According to Blackstone, " he term 'appeal'is derived from the French, '' ... which signifies to call upon, summon or challenge one; and not ... the same as the ordinary sense of 'appeal' rom an adverse litigative result" A private individual (the "appellor") would accuse another (the "appellee") of a crime, without the need for proceedings to be brought by the Crown. It probably descended from the system of weregild where private pecuniary satisfaction was paid to the party injured, or his relations, to expiate an enormous offense. Appeals were among the legal proceedings for which trial by combat was available. An appeal could be used to accuse a subject of high treason. It could also be used by someone when either they or a close relation had been the victim of a crime, such as murder, rape or arson. Unlike Crown prosec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
