Memorial

 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 

Comments

Post a Comment

Popular posts from this blog

Q: Explain the writ of Prohibition and Writ of Certiorari ?

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 ...
Read more

Q: What are Writ and Writ Petition ?

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...
Read more

Q: What is litigation and what are the types of litigation ?

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.
Read more