CASES IN COURTS

REDEFINING ....

PAYMENT

HIGH QUALITY...

Nine new Supreme Court judges were administered their oaths of office by Chief Justice NV Ramana recently. It is for the first time in the history of Supreme Court that nine judges took oath of office at one go. With the swearing-in of the nine new judges, the strength of the Supreme Court has now increased to 33, including the CJI, out of the sanctioned strength of 34.

A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. A legal case is typically based on either civil or criminal law. In most legal cases there are one or more accusers and one or more defendants. In some instances, a legal case may occur between parties that are not in opposition, but require a legal ruling to formally establish some legal fact, such as a divorce.

cases in the Supreme Court, currently comprises to 40% of the court’s pendency. Which eventually leads to reduced time for the cases related to constitutional issues.

ARTICLES

Lexology

Civil case

A civil case, more commonly known as a lawsuit or controversy, begins when a plaintiff files most a document called a complaint with a court, informing the court of the wrong that the plaintiff has allegedly suffered because of the defendant, and requesting a remedy. The remedy sought may be money, an injunction, which requires the defendant to perform or refrain from performing some action, or a declaratory judgment, which determines that the plaintiff has certain legal rights. The remedy will be prescribed by the court if the plaintiff wins the case. A civil case can also be arbitrated through arbitration, which may result in a faster settlement, with lower costs, than could be obtained by going through a trial.

The plaintiff must make a genuine effort to inform the defendant of the case through service of process, by which the plaintiff delivers to the defendant the same documents that the plaintiff filed with the court.

At any point during the case, the parties can agree to a settlement, which will end the case, although in some circumstances, such as in class actions, a settlement requires court approval in order to be binding.

Family case

Cases involving separation including asset division, support (a.k.a. maintenance or alimony), and matters related to children are handled differently in different jurisdictions. Often, the court's procedure for dealing with family cases is very similar to that of a civil case (it requires service and disclosure, and will issue judgments).

Divorce and separation from a spouse is one of the most stressful situations, as rated by the Holmes and Rahe Stress Scale, and so family proceedings are increasingly being "divorced" from the often very formal and impersonal process of civil proceedings, and given special treatment.

Criminal case

A criminal case, in common law jurisdictions, begins when a person suspected of a crime is indicted by a grand jury or otherwise charged with the offense by a government official called a prosecutor or district attorney.

A criminal case may in some jurisdictions be settled before a trial through a plea bargain. Typically, in a plea bargain, the defendant agrees to plead guilty to a lesser charge than that which was originally brought by the grand jury or prosecutor. A defendant who goes to trial risks greater penalties than would normally be imposed through a plea bargain.

HIGHCOURT

The High Courts of India are the highest courts of appellate jurisdiction in each state and union territory of India. However, a High Court exercises its original civil and criminal jurisdiction only if the subordinate courts are not authorized by law to try such matters for lack of pecuniary, territorial jurisdiction. High courts may also enjoy original jurisdiction in certain matters, if so designated specially by the constitution, a state or union law.

SUPREME COURT

The Supreme Court of India (IAST: Bhāratīya Ucchatama Nyāyālaya) is the supreme judicial body of India and the highest court of the Republic of India under the constitution. It is the most senior constitutional court, and has the power of judicial review. The Chief Justice of India is the head and chief judge of the Supreme Court, which consists of a maximum of 34 judges and has extensive powers in the form of original, appellate and advisory jurisdictions

INDIAN PENAL CODE

The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of first law commission of India established in 1834 under the Charter Act of 1833 under the chairmanship of Thomas Babington Macaulay. It came into force in British India during the early British Raj period in 1862. However, it did not apply automatically in the Princely states, which had their own courts and legal systems until the 1940s. The Code has since been amended several times and is now supplemented by other criminal provisions.

LOKADALAT

Lok Adalat (People's Court) is Statutory Organisation under Legal Services Authorities Act, 1987, and created as an alternative dispute resolution mechanism used in India. It is a forum where cases pending on panchayat, or at a pre-litigation stage in a court of law, are settled. Under this Act, the award (decision) made by the Lok Adalats is deemed to be a civil court case and is final and binding on all parties. No appeal against such an award lies before any court of law. If the parties are not satisfied with the award of the Lok Adalat (though there is no provision for an appeal against such an award), they are free to initiate litigation by approaching the court of appropriate jurisdiction

INTERNATIONAL COURT

An international court is an international organization, or a body of an international organization, that hears cases in which one party may be a state or international organization (or body thereof), and which is composed of independent judges who follow predetermined rules of procedure to issue binding decisions on the basis of international law.

International courts are formed by treaties between nations or under the authority of an international organization such as the United Nations and include ad hoc tribunals and permanent institutions but exclude any courts arising purely under national authority.

SUBORDINATE COURT

These courts function below the High court at district and state level

The judges of subordinate courts are appointed by the governor in consultation with the chief justice of the high court of the concerned state

Constitutional provisions

Articles 233 to 237 in Part VI of the constitution make the following provisions to regulate the organization of subordinate courts and to ensure their independence from the executive

PUNCHAYATI RAJ INSTITUTION

Panchayati Raj (Council of five officials) is the system of local self-government of villages in rural India as opposed to urban and suburban municipalities.

It consists of the Panchayati Raj Institutions (PRIs) through which the self-government of villages is realized. They are tasked with "economic development, strengthening social justice and implementation of Central and State Government Schemes including those 29 subjects listed in the Eleventh Schedule."

Part IX of the Indian Constitution is the section of the Constitution relating to the Panchayats. It stipulates that in states or Union Territories with more than two million inhabitants there are three levels of PRIs:

INTERNATIONAL COURT OF JUSTICE

The International Court of Justice (ICJ; French: Cour internationale de justice; CIJ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordance with international law and gives advisory opinions on international legal issues. The ICJ is the only international court that adjudicates general disputes between countries, with its rulings and opinions serving as primary sources of international law.