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Supreme Court of India

Special Leave Petition (SLP)

Special Leave Petition (SLP) is being filed with Supreme Court of India under Article 136 of the Constitution. The Supreme Court has been given extra ordinary jurisdiction under Article 136. The court can grant Special Leave to Appeal from any Judgment, decree, determination, sentence or order in any cause or matter, passed or made by any court or tribunal in the territory of India. SLP is permissible even in the interim orders...

Time limit to file SLP

A Special Leave Petition (SLP) shall subject to the provisions of Section 4,5,12 and 14 of the Limitation Act, 1963 be lodged in the Supreme Court within 60 days from the date of refusal of certificate by the High Court, and in other cases within 90 days from the judgment or order sought to be appealed from. That means in general the SLP must be filed within 90 days from the date of the order of the High Court, in case the parties were not applied for certificate from the High Court...

Writ Petition in Supreme Court

The right to move the Supreme Court by appropriate proceedings for enforcement of the rights conferred by part III of the constitution is guaranteed. The jurisdiction of the Supreme Court under the Article 32 is very wide...

Public Interest Litigation (PIL)

Public Interest Litigation (PIL) cases has always separate treatment in Supreme Court. There are many instances where the Supreme court has intervened to protect the fundamental rights of persons. The practice of PIL case may very from case to case in Supreme Court. The practice of Supreme Court in dealing with PIL cases is different from the way the Court deals with other writ Petitions...

Review Petition

Review petition is not another option to appeal against the order / judgment of the Supreme Court. One should understand that the order / Judgment of the Supreme Court are final. A review petition can be filed only on few grounds. Filing of review petition without valid ground will not give any positive result and it will be just wastage of time and money. However, if there is genuine error on the face of record satisfying the conditions to file review petition, it can be filed...

Curative Petition

Curative Petition is not another option to file appeal after dismissal of Review Petition. It is an extremely high discretionary power which is in rare case exercised by the court. Curative Petition can be filed when certain conditions are satisfied. As per order XLVIII Rule 1 Curative Petitions shall be governed by Judgment of the Court dated 10th April, 2002 delivered in the case of Rupa Ashok Hurrah v. Ashok Hurrah and Ors in Writ Petition (C) No. 309 of 1997...

Transfer Petition

As per Section 25 of the Code of Civil Procedure, the Supreme Court has the power to transfer any suit, appeal or other proceedings from a High Court or civil court in one state to a High court or other civil court in any other State...

Contempt of Court

Any undermining of a court's authority, either by scandalizing it or by non-compliance or disobedience of its orders, either by scandalizing it or by non-compliance or disobedience of its orders, is punishable as contempt of court...

Vacation Bench Matters

During summer vacations, a Division Bench of the two learned Judges assemble, on such days of the week as may be notified in advance depending on the urgency of the cases. In order to have a uniform practice, following norms/ guidelines have laid down for listing of urgent matters during the vacation holidays...

 

Code of Civil Procedure (CPC)

Recovery Suit

As per Order IV Rule 1 of Code of Civil Procedure, a suit is instituted by presentation of a plant and is in duplicate. The plaint should contain all relevant facts necessary for final determination of the dispute between the parties...

Summary Suit under Order XXXVII

Summary procedure is the best option to recover money through a recovery suit for the cases qualifying to file suit under order xxxviii. The Plaintiff has to pay court fee as prescribed in law...

Execution Application

Execution means enforcement of decision given or decree or order passed by competent authority or Court. The person, in whose favour, decree is passed is called decree-holder and against whom it is passed, is called Judgment Debtor. Where the defendant judgment debtor fails to comply with the decision or the decree, Plaintiff / decree holder has to file execution petition to get enforcement thereof...

Mode of Execution

In case a decree for recovery of money is passed against a Person, Court may execute such decree...

Arrest, Detention of Judgment Debtor

As per section 55(1) of Code of Civil Procedure, a Judgment debtor may be arrested in execution of a decree at any hour and on any day, and shall, as soon as practicable, be brought before the Court and his detention may be in the civil prison of the district in which the Court considering the detention is situate, or, place which the State Government may appoint for the detention of persons ordered by the Courts of such district to be detailed...

Recognized agents and pleaders

It is not mandatory for a Plaintiff or defendant to appear for a case in person. They can appoint agents and pleaders to represent them...

Issue of summon and serving it

Issue of Summons is defined under Order V of Code of Civil Procedure. As per Order 5 Rule 1 (1) when a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and to file the written statement of his defence, if any, within 30 days from the date of service of summons on that defendant...

 

Criminal Procedure Code (CRPC)

Compounding of offences

Law permits compounding or compromise of some specified offences. In this respect, reference may be made to two tables available under section 320 of Code of Criminal Procedure...

 

Indian Penal Code (IPC)

Register FIR online

Now you can get copy of FIR (First Information Report) online from the website of Police Stations. You can also register FIR online by using the applications of Police Departments...

IPC important Sections, Crimes and Punishment

Few of the important Sections, Crimes and Punishment under Indian Penal Code for such crimes...

Bailable Offences under IPC

Section wise details of bailable offences under Indian Penal Code. If the offence is bailable, the accused can apply for grant of bail in appropriate court. The court may grant bail in bailable offences, after completing necessary formalities...

Non Bailable offences under IPC

List of Non bailable offences under Indian Penal Code. There is special consideration for bail, if the person is under 16 years of age or a women or a sick or infirm. If the court is satisfied that it is just and proper for any other special reason to give bail, it may grant bail...

FIR Registration - Complaint, oral or written

There is a duty officer at in most of the Police Post for recording F.I.R. The complainant who visits the Police Station to lodge Report may bring a Written Complaint and present the same to the Station House Officer (SHO) or Additional SHO...

Type of offences under IPC types of complaints

An offence generally denotes a thing, act or omission made punishable by law...

Police not accepting complaints and not registering FIR, what are the other options

Some times the Police may be reluctant to record information given to the Police, for one reason or the other. But as per the Judgment of a Constitution Bench of Supreme Court of India in Lalita Kumari v. Govt of UP (2013) SC (5J), the Police Officers are bound to Register FIR upon receiving information of commission of a cognizable offence in India...

Maximum period of Police Detention. When bail should be granted. Bail after 90 days or 60 days

Detention in custody of a person is of two types:

(1) Police Custody
When the person arrested remains in the custody of police, it would be a case of police custody.

(2) Judicial Custody
When the person arrested is sent to prison as inmate or under-trial prisoner, it would be a case of judicial custody...

Registering FIR against police through complaint

If you have any grievance against any personal in Police department, you can file complaint against them with the Grievances Commission called Police Complaint Authority. This authority has been set up for the purpose of attending to complaint against Delhi Police, as an interim arrangement till the Delhi Police Act 1978 is replaced with New Police Act...

Jurisdiction of Police Stations in Delhi

Police Stations in Delhi and its jurisdiction...

 

Negotiable Instruments Act (NI Act)

Stages in Cheque Return Case under Section 138 of Negotiable Instruments Act. Legal Notice, Complaint, Sworn in Statement of Complainant, Appearance of Accused, Examination in Chief, Cross Examination, Defence Evidence, Arguments, Judgment...

 

Important Case Laws, Citations

Hindu Marriage Act Case laws

Supreme Court and High Court case laws and citations of Hindu Marriage Act...

Divorce Act Case Laws

Case Laws and Citations of Divorce Act...

Domestic Violence Act Citations

Supreme Court and High Court Case Laws and citations of Domestic Violence Act 2005...

125 CRPC Case Laws and Citations

Case Laws and Citations of maintenance cases under Section 125 of Criminal Procedure Code 1973...

Section 498A IPC Case Laws

Supreme Court and High Court Cases Laws and Citations of Section 498A of Indian Penal Code Husband or relative of husband of a women subjecting her to cruelty...

Hindu Marriage Act

Important Judgments and Case Laws under Hindu Marriage Act...

CPC Important citations, case laws

Supreme Court and High Court case laws and citations of Civil Procedure Code 1908...

Indian Penal Code Case Laws

Important Judgments of Supreme Court and High Court, Case Laws and Citations of Indian Penal Code...

Perjury Case laws and citations

Important Judgments of Supreme Court and High Court on Perjury, Case Laws and citations...

Maintenance case decision favouring husbands

Following are the 20 most important Judgments / Orders passed by Hon'ble Supreme Court of India, High Courts and Central Information Commission favouring husband and rejecting claims of wife...

 

Non Resident Indians (NRI) Guide

Can OCI holder, Foreigner, NRI purchase and hold property in India

Foreign Citizena holding OCI (Overseas Citizens of India) can purchase and hold residential and Commercial Properties in India. But they do not have permission to purchase agricultural land, including farmland or any kind of plantation property in India...

Purchase, Transfer of Immovable Property by NRI, PIO, OCI

A person resident outside India who is a citizen of India (NRI) can acquire by way of purchase, any immovable property in India other than agricultural land/plantation property/farm house. He can transfer any immovable property other than agricultural or plantation property or farm house...

What is the meaning of NRI, Person of Indian Origin (PIO), OCI

A 'Person of Indian Origin (PIO)' is a person resident outside India who is a citizen of any country other than Bangladesh or Pakistan or such other country as may be specified by the Central Government, satisfying the following conditions...

Comparison of OCI, NRI and PIO

Following is the chart showing comparison of Non Resident India, Person of Indian Origin and Overseas Citizen of India...

How to Protect rights of married women by using various acts and applicable sections

Many victims of domestic violence are not approaching the Police, Courts and appropriate forums to get relief, as they are not aware of the legal proceedings, rights available to them and ways to get it. Lack of legal knowledge, financial resources, fear etc are compelling them to lead a life with agony and un certainty...

How to file divorce Petition under Hindu Marriage Act 1955 or Special Marriage Act 1954

When married couple realizes that it is impossible to live with each other, if they opt, they can get divorce with mutual consent or either spouse may file divorce petition without the consent of other...

The Insolvency and Bankruptcy Code 2016

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