Litigation Rules

Ans:  The pecuniary jurisdiction of the Commissions– this Bill proposes to change the pecuniary jurisdiction of the commissions to Rs 1 crore for District Forum; between Rs 1 crore and 10 crores for State Commission; and above Rs 10 crores for National Commission. Penalties– the Bill proposes a change in the penalty i.e. imprisonment up to three years or fine not less than Rs 25,000 which can be extended to Rs one lakh or both.

Ans: Filing of a complaint– the complainant can file a case against the trader or the service provider only within two years from the date on which the cause of action arose. The forum may entertain the case in case of delay only if the complainant gives sufficient cause. Appeal to the State Commission– according to sec-15 of the act an appeal can be filed to the State Commission by any person who is aggrieved by an order passed by the District Forum within a period of thirty days from the date of an order, in a form and manner prescribed under the act. If an appeal is filed after the expiry of the period of limitation the State Commission has the discretion to entertain that appeal if the complainant shows sufficient cause for not filing an appeal within the limitation period.    Appeal to the National Commission– according to sec-19 of the act an appeal can be filed to the National Commission by a person aggrieved by the order passed by the State Commission within 30 days fr...

Furthermore, the complainant needs to pay the prescribed court fees according to the pecuniary value of his case. Following are the fee details of the court fees: For District forums Up to Rs 1 lakh: Rs 100 Between Rs 1-5 lakh:  Rs 200 Between Rs 5-10 lakh: Rs 400 Above Rs 10 lakh and up to Rs 20 lakh: Rs 500 For State Commissions Above Rs 20 lakh but less than Rs 50 lakh: Rs 2,000 Above Rs 50 lakh and up to Rs 1 crore: Rs 4,000 For the National Commission A standard amount of Rs 5,000

Ans:  Section 11: District Consumer Disputes Redressal Forum.  Section 17: State Consumer Dispute Redressal Commission.  Section 21: National Consumer Dispute Redressal Commission. 

Consumer Protection Act, 1986 District forum  State Commission  National Commission   Redressal: remedy or compensation for a wrong or grievance. The Consumer Protection Act has recognised six rights of a consumer which are : Right to Safety Right to Information Right to Choose Right to be heard Right to Redressal  Right to Consumer Education. SIC HRC

Ans:  Section 14 : Jurisdiction,  Power and Authority of Central Administrative Tribunal.  Section 17: Power to punish for contempt. 

Ans: In Chandra Kumar V. Union of India , 18th March, 1997, the high court should not be ignored and case must be filed in high court first. 

Ans: Language of the tribunal( Rule 3) :  Language of central administrative tribunal will be English.  Rule 4: Procedure of filing applications.

The 42nd amendment was made in Indian constitution in 1976 and Article 323A and 323B was included in part 14 A of Indian Constitution.   323A : Administrative Tribunals - Administrative Tribunal Act, 1985. 323 B : Other Tribunals 

Ans: Supreme Court :  Article 136  High Court : 227

Ans: Armed forces tribunal was constituted under armed forces tribunal act, 2007. 

Ans: Central Administrative Tribunal was established in 1985.  The Limitation period is of 90 days and petition is filed after the submission of issue in department. 

Ans: Central Administrative Tribunal:  PMS: Statutory body ,  members 50 percent from judiciary and 50 percent from respective field.  Not bound by the procedure prescribed in code of civil procedure.  Jurisdiction covers the members of All India Services as well as Central Services and Central Government Posts. Members (2 times)  Statutory  Code of civil procedure 

 1. First Draft:  Title of the issue of law  Table of contents 2. Written Submission  Jurisdiction of court  Statement of facts  Issues of law involved Conclusion with plea  Bibliography  Final draft 

Ans: The High Court is the highest court in a state in India. Articles 214 to 231 in the Indian Constitution talk about the High Courts, their organisation and powers.  Table of Contents About High Courts Article 214- High Courts for States Article 215- High Courts to be courts of record Article 216- Constitution of High Courts Article 217- Appointment and conditions of the office of a Judge of a High Court Tenure of Judges Removal of Judges The process of removal is as follows Qualification of Judges of a High Court Article 219- Oath or affirmation by Judges of High Courts Article 220- Restriction on practice after being a permanent Judge Article 221- Salaries, etc., of Judges Article 222- Transfer of a Judge from one High Court to another Article 223- Appointment of acting Chief Justice Article 224- Appointment of Additional and Acting Judges Article 224A- Appointment of a retired judge at sitting of a high court Article 225- Jurisdiction and power of the High Court Article ...

Ans:  Supreme Court  (124 - 147 ) Article 124: Establishment and constitution of Supreme Court. Article 124(3) mentions about the qualification required for appointment as a judge of Supreme Court.   Article 124(4): Removal of the judges of supreme court by impeachment of 2/3 of majority. Article 125: Salaries of Judges of Supreme Court Article 126: Appointment of acting Chief Justice. Article 127: Appointment of Ad hoc Judges. Article 129: Supreme Court to be a court of record.  Article 130: Seat of Supreme Court.  Article 141: Law declared by Supreme Court to be binding on all courts. Article 142: Enforcement of decrees and orders of Supreme Court and orders as to discovery,  etc. Article 143: Power of President to consult with Supreme Court . Article 146: Officers and Servants and the expenses of Supreme Court.

Ans: 379: Section 379 of Cr.P.C mentions about an appeal in Supreme Court and Section 406 of Cr.P.C mentions about the power of Supreme Court to transfer cases and appeal from one High Court to another High Court.  mkb rjb

Ans:  Section 21: Special Executive Magistrate  21(1): local Jurisdiction  21(2): Whole of District

Ans: Classes of Criminal Court in India Supreme Court. High Court. Sessions Court (also called Court of Session). Judicial Magistrates of First Class (called Metropolitan Magistrates in metropolitan areas). Judicial Magistrates of Second Class. Executive Magistrates.

Ans: Cause list was prepared of each case and the name of case and section was mentioned in cause list. It can be seen online and offline. Supplementary list comprises of those new matters which have been filed the previous day or two or new application made in addmitted matters. Advance list comprises of those matters which have been heard before court and now are in routine hearings. There are three types of cause list: 1. Supplementary Cause list 2. Advanced Cause list 3. Regular Matter Cause list Firstly, Supplementary Cause list was taken up and then advanced cause list was taken up. Regular matter cause list was taken up for regular matters. 

 Ans:  Following are the duties of reader : 1. Handling of Files 2. Preparation of daily cause list 3. Calling of the cases 4. Display of cause list 5. Putting up the file today 6. Preparation of decree sheet 7. Court fee calculation 8. Preparation of jail warrant 9. Preparation of daily cause list 10. Maintenance of daily diaries 11. Maintenance of relevant registers 12. Scrutiny of plaints, appeals, revision to check , court fee , etc . 13. Giving Proper parcha pshi to the parties 14. Fine register

Ans: Witnesses usually stand in the witness box to give their evidence once they have made an oath or affirmation to be truthful. Some witnesses will give their evidence remotely via an audio-visual link. Witnesses are asked questions by the lawyers involved in the case – this is called being examined and cross-examined.

Ans: A judge can rule one of two ways: she can either "overrule" the objection or "sustain" it. When an objection is overruled it means that the evidence is properly admitted to the court, and the trial can proceed. When an objection is sustained, the lawyer must rephrase the question or otherwise address the issue with the evidence to ensure that the jury only hears properly admitted evidence. In theory, the jury should even disregard the improper question asked, although this can be difficult to do.

Ans: There was really a time when witnesses did have to swear by the sacred book of his or her religion. This was supposed to make them speak nothing but the whole truth. It was a system in the Mughal era. The Hindus had to swear by the holy water of Ganges or the Bhagavad Gita, and Muslims by the Quran. The Hindus had to swear by the holy water of Ganges or the Bhagavad Gita, and Muslims by the Quran. The tradition continued well into the British era. The Indian Oath Act, 1873 extended the uniform system of oath to all courts. So giving false testimony in court and taking a false oath, are considered offenses under section 193 of the IPC. And for this, there is a provision for punishment U/S 193 of The IPC. Section 4 of Indian oath act mentions about the oaths or affirmations to be made by witnesses, interpretor and jurors. Juror is a member of jury.

Ans: The “Adjournment” is not defined in law. But in the ordinary sense, the word “Adjournment” is to put the matter for another time or day or to put off or to postpone or suspend or giving “TAREEKH” i.e., fixing the case for the next day. The term adjournment means the postponement of hearing of a case until further date. Adjournment may on specified date of for indefinite period. (Sine Die). If an adjournment is final, it is said to be sine die, "without day" or without a time fixed to resume the work. It is being marked officially the end of regular session. The provisions relating to adjournment is enumerated in the Civil Procedure Code, 1908 under order XVII but the code does not defines the term adjourn. Order XVII(17) of CPC deals with the situations when adjournment can occur and the procedure to be followed by the court during the adjournment of a hearing. Rule 1 of the Order empowers the court to adjourn a hearing in a suit if a party seeking adjournment shows the...

Ans: The court hall where the cases are conducted consists of two parts namely: The place where the judges sit is called the bench. The place where the advocates sit is called the bar. The term bench refers to the Judges and the bar refers to the Advocates. Bar bench relationship means the cordial relationship between the judges and the advocates . The faith on the judiciary on the general public and the speedy justice mainly depends on the cordial relationship between the judges and the advocates and the role of advocates are equally important to the judges in the administration of justice. Rendering justice is their joint liability.

Ans: Following are the duties and obligations of an advocate towards the court :  1. To file a suit firmly. 2. To maintain the dignity of  court. 3. Not to influence the decision of court. 4. To appear in the prescribed dress.  5. Not to appear in the court which is related to him This rule requires the advocate nor to wear bands or gowns in public places other than in court except on such ceremonial occasions and at such places as the Bar Council of India or the court may prescribe. 7. Not to appear in the court of which he is a member of an executive committee: The rule prescribes that an advocate shall not appear in or before any court or tribunal or any other authority for or against an organisation or an institution,  society or corporation, if he is a member of the executive committee. 8. Not to plead in any case in which he has the pecuniary interest:  For example: An advocate shall not act in a bankruptcy petition when he himself is also a creditor of th...

Ans: In India, the law that governs advocates is the Advocates Act, 1961. An advocate has the ‘right to practice’ guaranteed by Article 19(1)(g) of the Indian Constitution and Section 30 of the Advocates Act . Pre-audience in general terms means the right to be heard before others. In India, Right to Pre-audience is provided under Section 23 of the Advocates Act, 1961. Section 11 provides that “No Police Officer shall arrest an Advocate and/or investigate a case  against an Advocate without the specific order of the Chief Judicial Magistrate in conformity with Advocate Protection Bill, 2021.  An advocate also has many other rights such as the right to pre-audience, fee, meet client in jail, enter any court, not get arrested etc. Advocates have several duties towards both their clients and the Court. Towards the clients, the advocates have a lot of duties including accepting briefs, making honest disclosures, giving best legal advice, maintaining confidentiality, giving update...

Ans: Section 15(1) deals with cognizance of criminal contempt by courts of record. It provides that cognizance for criminal contempt can be taken by the Supreme Court and High court in the following manner: On its motion. On the motion of the Advocate- General On the motion of any other person, with the consent, in writing of the Advocate General. On the motion of such law officer about the High Court for the Union Territory of Delhi as the Central Government may notify. Section 15(2) deals with criminal contempt of subordinate courts . It provides that in the case of criminal contempt of a subordinate court, the concerned High court may take actions in the following manner: On the reference made to it by the Subordinate Court On the motion made by the Advocate General On the motion made by such law officer about a Union Territory as the Central Government may specify. Section 17(3) of the Contempt of Courts Act, 1971, it was specifically provided that the Court, if it is satisfied th...

Ans: Section 12 of the Contempt of Court Act, 1971 deals with the punishment for Contempt of Court. High Court and the Supreme Court have been given the power to punish someone for the Contempt of Court. Section 12(1) of this Act states that a person who alleged with the Contempt of Court can be punished with simple imprisonment and this imprisonment can extend to six months, or with fine which may extend to two thousand rupees or can be of both type punishment. 

Ans: According to Section 2(c) of the Contempt of Court Act, 1971, Criminal Contempt is Defined as (i) the publication of any matter by words, spoken or written, or by gesture, or by signs, or by visible representation or (ii) doing of any act which includes: a)  Scandalize or tends to scandalise, or lowers or tends to lower the authority of any court, or b) Biasness, interferes or tends to interfere with the due course of any type of Judicial proceedings, or c) obstructs or tends to obstruct, interfere or tend to interfere with the administration of justice in any manner. Jaswant Singh v. Virender Singh , 9th November,  1994.  In this case an advocate caste derogatory and scandalous attack on the judge of the High Court. An application was filed an election petitioner in the High Court, who was an advocate. He wanted to seek to stay for further arguments in an election petition and also the transfer of election petitions. These things cause an attack on the judicial proc...

Ans: Under Section 2(b) of the Contempt of Courts Act of 1971, civil contempt has been defined as wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court. Utpal Kumar Das v. Court of the Munsiff, Kamrup , 2007 . This is the case of non-rendering of assistance, although the court has ordered to render assistance. Decree executed by the court to deliver immovable property but because of certain obstruction, the defendant failed to do so. Hence, he was held liable for constituting disobedience to the orders of the competent Civil Court.

Ans:  Constitutional Powers to Supreme Court for contempt of Court:   However, Article 129 lays down that the Supreme Court shall be a court of record, and shall have all the powers of such a court, including the power to punish for contempt. Here, is the answer to this question. The ‘Court of Record’ means a Court having its acts and proceedings registered for everlasting memory or that memory which has no end and as evidence or proof. The truth of these records cannot be questioned and also these records are treated as a higher authority. And anything stated against the truth of these records comprised Contempt of Court. Article 142 (2) states that “subject to the provisions of any law made in this behalf by Parliament” the Supreme Court shall have all and every power to make any order on punishment of any contempt of itself. Constitutional Power to High Court for Contempt of Court:  Article 215 conferred a corresponding power on the High Courts.

Ans: In India, the concept of Contempt of Court is defined in Section 2(a) of the Contempt of Courts Act, 1971 which has broadly describe it as civil contempt or criminal contempt.

Ans:  Section 137 deals with 'Examination-in-chief', 'cross-examination' and 're-examination'. It reads as follows: "137. Examination-in-chief.- The examination of a witness by the party who calls him shall be called his examination-in-chief. Cross-examination.- The examination of a witness by the adverse party shall be called his cross-examination. Re-examination.- The examination of a witness, subsequent to the cross-examination by the party who called him, shall be called his reexamination. So, reexamination is done by the party who called the witness or the party who performed examination in chief .

Ans: According to section 154 of Indian evidence act, 1872, 1. The court may, in its discretion, permit the person who calls a witness to put any questions to him which might be put in cross examination by the adverse property. The Hostile witness is also called an Unfavorable witness or Unfriendly Witness or an Adverse Witness.  These terms are not used in Indian law and are only mentioned in English law. The universal rule is that the party who called its witness will examine the witness, and the opposite party will cross examine the witness.   But in the case of a hostile witness or adverse witness, which is defined in English law, the party will not examine the witness, and just like the opposite party,  the party will cross examine its witness by getting permission, which is at the discretion of the court.  2. Nothing in this section shall entitle the person so permitted under sub section 1, to rely on any part of the evidence of such witness. It...

Ans: According to section 142 of Indian evidence act,  leading questions must not, if objected by the adverse party be asked in an examination in- chief, or in a re- examination, except with the permission, of the court. The court shall permit the leading questions as to matters which are introductory or undisputed, or which have, in its opinion, have already sufficient proved. There is a citation, i.e, Varney Joseph V. State of keralas. The Supreme Court held that  the prosecutor ought not to be allowed to frame questions in such a manner to which the witness can reply in 'Yes' or 'No' form so as to enable him to elicit such answers, which he expects or desires. It is also held that allowing such leading questions would offend the right of accused to fair trial enshrined in Article 21 of the constitution of India.

Ans: Section 141, 142 ,143 deals with the leading questions.  Witnesses are examined by the parties or their advocates by the way of asking questions in order to elicit responses of the questions.  Only the recording of mere statement by the police under section 161 of Cr.P.C does not decide the evidentiary value of statement of witness. The evidentiary value of statement will be decided by the examination and cross examination of witness.  The leading questions are those questions which have the answers in themselves. The answer should be in either yes or no. Generally all the questions that are in Yes or No form are leading questions. If we say if your name is Harish, it is a leading question of which answer is in yes or no form. Leading questions are defined in section 141 and section 142 mentions that leading questions can not be asked in examination in chief and will be asked in cross examination only according to section 143 of Indian evidence act, 187...

Ans: Yes ,the court can redact, return and reject the affidavit as evidence.   The examination in chief is a person who calls the witness for examination is examination in chief. According to order 19, rule 5 of cpc, the court may on its discretion after recording the reasons in writing can redact, return and reject an affidavit. According to order 19, rule 5(1) of cpc , the court can redact or can order for the redaction of some portions of affidavit of examination in chief. According to order 19, rule 5(2) of cpc,  the court can also reject or return the affidavit of examination in chief to which the court thinks of not an admissible evidence.

Ans: The examination of a witness by the party who calls him shall be called his examination-in-chief. The opposite party will make cross- examination against examination-in-chief. Leading questions will be asked in cross-examination and not in examination-in-chief. The examination of a witness by the party who calls him shall be called his examination-in-chief. After taking oath the witness has to give answers the questions asked by the party who has called him before the court. Section 137 of Indian Evidence Act, 1872 : Examination-in-chief: The examination of a witness by the party who calls him shall be called his examination-in-chief. After taking oath the witness has to give answers the questions asked by the party who has called him before the court.

Ans: Quo Warranto: By using this Writ, the courts ask public officer that by what authority  he has assumed the Public Office. If the title of public Officer is defective, he will have to vacate the Office.Quo Warranto is the only Writ that can be filed by anyone and even the stranger can file the Writ of Quo Warranto .

Ans: The literal meaning of Writ is ' We Command'. A Writ is used by court to order the public official who has failed to perform his duty or refused to perform his duty, to resume his work. Besides Public Officials, Mandamus can be issued against any public body, a corporation,  an inferior court, a tribunal, or government for the same purpose. The Facts about Mandamus in India are as follows: 1. Unlike Habeas Corpus, Mandamus can not be issued against a private individual.  2. Mandamus can not be issued in the following cases:  To enforce departmental action that does not possess statutory force. To order someone to work when the kind of work is discretionary and not mandatory.  Mandamus can not be issued against President  of India and Governor of State.  Mandamus can not be issued against incumbent chief Justice of India and Chief Justice of High Court.  A writ of mandamus cannot be issued against any Member of Parliament (MP of Lok Sabha o...

Ans: There is a very little difference between writ of Prohibition and  writ of certiorari. We all have heard the statement ' Prevention is better than cure'.Here Prevention is Prohibition and Cure is Certiorari. Certiorari means to be certified. Using this Writ, the High Court and Supreme Court can order the lower Court to submit their records for review. In review, it was seen if the judgements of lower Court are legal or not. Sections 96 to 112 and Orders 41 to 45 of the Civil Procedure Code, 1908 contain provisions relating to appeals. Review is mentioned in section 114 and order 47 of civil procedure code, 1908.  Revision is mentioned in section 115 of civil Procedure Code, 1908. High Courts can still review their own judgment even if the SLP is rejected by the Supreme Court. Supreme Court has also clarified that it will not make any difference whether the review petition was filed before the filing of a special leave petition or was filed after the ...

 Ans:  Writ is a Kind of remedy. Habeas Corpus means to have a body or to produce a body. If a state illegally detains a person, the person himself or his relatives or his friends can use the Writ of Habeas Corpus for the release of that person. Whenever a person use this Writ, the Supreme Court or the High Court asks the detaining authority that on what basis the person was detained.  If the basis is found to be unreasonable, the detention of the arrested person gets ended and he is released with immediate effect.  In these four conditions, the Writ of Habeas Corpus can not be used:  1. Detention is lawful.  2. Contempt of Court  3. Detention is outside the jurisdiction of court.  4. Detention is by competent court. An example of arrest under CrPC is Section 41, 42, 43, 44, 151, 123(6), 432(3). Detention: Essentially, detention is what comes after arrest - when a person is put behind bars and his personal liberty is restricted. De...

Ans:  The hindi meaning of litigate is mukadma katna ,i.e., to take the legal action in a court of law. Petition, Suit, Complaint, Appeal, etc are types of litigation.(PMS: PSCA) Petition: Petition is basically associated with cases that are filed before High Courts, Supreme Court and are called Writ Petition.  It is also filed before Family Court as well as regular civil court depending upon nature of dispute. Petition is actually request to court. Suit: Suits are primarily filed before civil courts. The drafting of suit memo differs considerably than other documents. Suit memo is also called Plaint filed by plaintiff.   Complaint: It is generally filed in criminal cases.

Ans:  The Writ Petition is the Petition in Supreme Court  and High Court to issue Writ (order).  Writ is an order made by a higher court to a lower court or courts, directing them to do something or stop them from doing something. The Writ is a form of written command in the name of the court.   WRIT is a command or direction by court of law. Under Article 32 of Indian Constitution, the Supreme Court can protect fundamental rights but under Article 226 of Indian Constitution, the High Court can protect both fundamental rights as well as legal rights. There are five types of Writs: 1. Habeas Corpus 2. Quo Warranto 3. Mandamus 4. Certiorari 5. Prohibition All these five writs can be issued by both High Court and Supreme Court but the Supreme Court can issue these writs to protect fundamental rights under Article 32 of Indian Constitution whereas High Court can issue these writs to protect both fundamental rights as well as legal rights under Artic...