Judicial Services: November 2013

Saturday, November 30, 2013

Judiciary Exams Quiz

at 5:01 PM Posted by Unknown Labels: Quiz 0 comments

Q.1. A Mortgage by deposit of title deeds is called.
[A] Usufructuary mortgage
[B] Equitable mortgage
[C] English mortgage
[D] Anomalous mortgage

Ans:- [B] Equitable mortgage

Q.2. In which of the following cases, a lease of immovable property does not determine:-
[A]By efflux of time limited thereby
[B] By express surrender
[C] On the service of a notice to quit
[D] By forfeiture

Ans:- [C] On the service of a notice to quit

Q.3. A gives a lakh of rupees to B reserving to himself with B’s assent the right to take back at pleasure Rs.10000 out of lakh. The gift is---
[A] Onerous
[B] Hold goods as to Rs.90,000(valid)
[C] Invalid
[D] wholly void

Ans:- [B] Hold goods as to Rs.90,000(valid)

Q.4. ‘A’ is sent to search for B’s nephew in the meantime ‘B’ by advertisement offers a reward of Rs. 501 to anyone who finds his nephew. ’A’ traces the boy and subsequently knowing about the reward claims it. To the reward A is –
[A] Entitled
[B] Not entitled as the offer is general
[C] Is not entitled as the offer was not communicated to him
[D] Not entitled as the consideration is inadequate

Ans:- [C] Is not entitled as the offer was not communicated to him

Q.5. A contract by a minor is absolutely void This was laid down it---
[A] Mohiri bibi vs Dharmodas Ghosh
[B] Lalman vs Gauri dutt
[C] Kanhaiya Lal Vs Girdharilal
[D] Mohanmmad Said Vs Vishambhar Nath

Ans :- [A] Mohiri bibi vs Dharmodas Ghosh

Q.6. ‘A’ enters in to a contract with ‘B’ to sing at his the theatre two nights in every week during the next two months and ‘B’ engages to pay her at rate of Rs.1000 for each night. ‘A’ willfully absents herself on the sixth night but with the assent of ‘A’ sings on the seventh night ‘B’—
[A] Is not entitled to compensation for damage sustained by him on the sixth night
[B] Is not liable to pay for five nights on which A had sung
[C] Cannot put an end to the Contract
[D] Can put an end to the contract

Ans:- [C] Cannot put an end to the Contract

Q.7. Which of the following is not a quasi contract.
[A] Obligation of person enjoying benefit of non gratuitous
[B] Responsibility of finder goods
[C]Quantum merit
[D]Novation

Ans:- [D]Novation

Q.8. ‘A’ becomes surety to C for B’s conduct as a manager of C’s bank. Afterwards B and C contract without A’s permission that B shall become liable for one fourth of the losses on overdraft
B allows a customer to overdraw and the bank loses a sum to money. To make good this loss A is---
[A] Liable to the extent of three fourth
[B] Liable to the extent of one fourth
[C] Wholly liable
[D] Not liable

Ans:- [D] Not liable

Q.9. ‘X’ hires a carriage of ‘Y’ the carriage is unsafe though ‘Y’ is not aware of it and ‘X’ is injured for to X, Y is---
[A] None of the above
[B]Liable to the extent of 50%
[C]Not liable
[D]Liable

Ans:- [D]Liable

Q.10. A employs B to recover Rs. 1000 from C through B’s misconduct the money is not recovered B is—
[A]Entitled to no remuneration and must make good the loss
[B] Entitled to commission from C
[C] Neither entitled to remuneration not liable to make good the loss
[D] None of these

Ans:- [A]Entitled to no remuneration and must make good the loss

Legal Quiz

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Q.1. A voluntarily confession is admissible in evidence—
[A] Where it leads to no discovery of facts and made to the police officer
[B] To a village Sarpanch with a request to save him from police
[C] To a Magistrate having competent jurisdiction
[D] When made to a police officer

Ans:- [C] To a Magistrate having competent jurisdiction

Q.2. Telling his wife that P’s wife had called him to receive payments due to him ‘k’ leaves his dismembered body is found in a trunk, in P’s trial for murder of ‘k’ the statement made by ‘k’ to his wife is.---
[A] Admissible as it relates to the circumstance of the transaction which resulted in K’s death.
[B] Inadmissible as it does not directly relate to K’s death.
[C] Partly admissible
[D] Inadmissible

Ans:- [A] Admissible as it relates to the circumstance of the transaction which resulted in K’s death.

Q.3. ‘A’ prosecutes ‘B’ for stealing a cow from him. ‘B’ is convicted. ‘A’ afterwards sues ‘c’ for the cow which ‘B’ has sold to him before conviction The Judgment against ‘B’ is:
[A] Relevant as between ‘A’ & ‘C’
[B] Irrelevant as between ‘A’ & ‘C’
[C] Is without jurisdiction
[D] Is conclusive proof against ‘C’

Ans:- [A] Relevant as between ‘A’ & ‘C’

Q.4. For proving execution of a registered will it shall.
[A] Be necessary to call at least two attesting witness
[B] Be necessary to call at least one attesting
[C] Not necessary to call any attesting witness
[D] Be necessary to call the Registrar

Ans:- [B] Be necessary to call at least one attesting

Q.5. Unless non-access is proved the presumption as to legitimacy of any child born during the continuance of a valid marriage between his mother and any man is.
[A] Irrebuttable presumption of law
[B] Mixed presumption
[C] Presumption of fact
[D]Rebuttable presumption of law

Ans:- [A] Irrebuttable presumption of law

Q.6. Under Section 3 of the transfer of Property Act the following does not amount to notice.
[A] Notice to agent
[B] Possession
[C] Registration where the instruments is not compulsorily registrable
[D] Registration where the instruments is compulsorily registrable

Ans:- [C] Registration where the instruments is not compulsorily registrable

Q.7. What may be transferred?
[A] A right to sue
[B] A right of re-entry to the owner for breach of a condition subsequent
[C] A right to future maintenance
[D] Spes successionis

Ans:- [B] A right of re-entry to the owner for breach of a condition subsequent

Q.8. A believing in good faith that he is absolutely entitled thereto, sows crops on B’s land. The crops are growing at the time of his eviction ‘A’ is entitled to---
[A] Amount employed
[B] Transfer of the land in his favour
[C] Half of the crops
[D] whole of the crops

Ans:- [D] whole of the crops

Q.9. The doctrine of Lis Pendense applies where.
[A] Property is situated outside the territorial jurisdiction of the court
[B] Right to movable property is in question
[C] The transfer is made after the decree of the trial court but before the filling of an appeal
[D]The suit is collusive

Ans :- [C] The transfer is made after the decree of the trial court but before the filling of an appeal

Q.10. If the Sale and agreement to repurchase are embodied in separate documents then the transaction cannot be a mortgage this was laid down in:-
[A] Chunchun Jha Vs Sheikh Ebadat Ali
[B] Beni Ram Vs Kundanlal
[C] Raja Kishandatt Vs Raja Mumtaj Ali
[D] Musahar Sahu Vs Hakimlal

Ans:- [A] Chunchun Jha Vs Sheikh Ebadat Ali

Judicial Examination Quiz

at 4:29 PM Posted by Unknown Labels: Quiz 0 comments

Q.1. In Rex Vs Govinda the point of distinction between the provisions of the following section of the I.P.C. were explained---
[A] 403 and 406
[B] 299 and 300
[C] 302 and 304
[D] 34 and 149

Ans:- [B] 299 and 300

Q.2. ‘A’ strikes ‘B’, ‘B’ is by this provocation excited to violent rage. ‘C’ a bystander intending to take advantage of B’s rage and to cause him to kill ‘A’ puts a knife into B’s hand for that purpose ‘B’ kills ‘A’ with knife what offence ‘C’ is guilty of---
[A] Murder
[B] Attempt to murder
[C] Abetting culpable homicide
[D] Culpable homicide not amounting to murder

Ans:- [A] Murder

Q.3. ‘A’ without B’s consent and with intent to cause injury fear or annoyance to ‘B’ incites a dog to spring upon ‘B’ what offence ha been committed by ‘A’—
[A] Assault
[B] Mischief
[C] Negligent conduct with respect to animal
[D] Use of criminal force

Ans:- [D] Use of criminal force

Q.4. ‘A’ and ‘B’ who are cadets in the Indian Air force take out from the jodhpur aerodrome an aircraft, without the authority of the commandant and fly it away to Pakistan what offence has been committed by them.---
[A] Theft
[B] Sedition
[C] Criminal breach of trust
[D] Criminal mis-appropriation

Ans:- [A] Theft

Q.5. ‘A’ by putting ‘B’ in fear of grievous hurt dishonestly induces ‘B’ to sign or affix his seal to a blank paper and deliver it to ‘A’. ‘B’ sign and delivers the paper to ‘A’. ‘A’ is guilty.—
[A] Of cheating
[B] Of robbery
[C] Of extortion
[D] If forgery

Ans:- [C] Of extortion

Q.6. ‘A’ finds a Government promissory note belonging to B bearing a blank endorsement ‘A’ knowing that the note belongs to B pledged it with a banker as a security for loan intending to restore it? B within a week. ‘A’
[A] Is not guilty of any offence
[B] Is guilty of criminal breach of trust
[C] Is guilty of cheating
[D] Is guilty of criminal misappropriation

Ans:- [D]Is guilty of criminal misappropriation

Q.7. ‘A’ in good faith says of a book published by ‘B’. B’s books is indecent, ‘B’ must be a man of impure mind, is this defamation punishable under section 500 of the I.P.C.
[A] Yes, because the opinion respects B’s character
[B]No, because it falls within one of the exceptions of section 499
[C] No, because it is slander
[D] No, because it has not been repeated

Ans:- [B] No, because it falls within one of the exceptions of section 499

Q.8. ‘A’ finds the key to Y’s house door, which ‘Y’ had lost and commits house trespass by entering Y’s house having opened the door with that key. What offence has ‘A’ committed.
[A] House breaking
[B] Criminal misappropriation
[C] Attempt to commit theft
[D] Lurking house trespass

Ans :- [A] House breaking

Q.9. A District Magistrate or a Sub-Divisional Magistrate may prevent environmental pollution under this provision of Cr.P.C
[A] Section 133
[B] Section 151
[C] Section 145
[D] Section 134

Ans:- [A] Section 133

Q.10. If it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session he under section 202 Cr.P.C. Postponing the issue of process against the accused.
[A] Shall commit the case to the Court of Session
[B] May direct an investigation to be made by a police officer.
[C] Shall call upon the complainant to produce all his witness and examine them on oath
[D] Shall return the complaint for presentation to produce before the Court of Session

Ans:- [C] Shall call upon the complainant to produce all his witness and examine them on oath

Motor Accidents Claim Tribunal (II)

at 9:04 PM Posted by Unknown

The application for claim before the Motor Claims Tribunal should be made within six months from the date of the occurrence of accident.

The claim should be filed in the application form as provided in the rules framed under the Act. The Claims Tribunal, after giving notice of the application to the insurer and other necessary parties and after holding enquiry into the claim and giving the parties an opportunity of being heard, will make the award determining the amount of compensation which appears to the Tribunal just and proper and will also specify the person/persons who will to pay the compensation. It can direct the deposit of the amount awarded to such to such persons in the court within 30 days of the date of award. The Act specifically provides that in holding the enquiry for compensation, the Tribunal may follow such summary procedure as it thinks fit and it has the powers of a civil court for the purpose of taking evidence on oath and enforcing the attendance of the witnesses, and compelling the discovery/production of documents and materials for such purposes.

Appeals

Appeals from the Award of the Tribunal can be made to the High Court within 90 days from the date of the award. However, the Act provides that the appeal will not be entertained unless the appellant against whom order to deposit the awarded amount made has deposited with the High Court a sum of Rs 25,000/- or 50% of the amount awarded, whichever is less. There can be no appeal if the compensation amount awarded is less than Rs 10,000. The victim of the accident/claimant can also file an appeal if his /her claim is rejected and /or if he/she is dissatisfied with the amount awarded to them. They can also file cross appeal which is heard along with the appeal. The appeal also lies directly from the award of the Tribunal to the Supreme Court as a special leave petition under Article 136 of the Constitution.

Like other Tribunals where any Claim Tribunal is constituted in any area, no civil courts have jurisdiction to entertain any question relating to any claim for compensation which can be adjudicated by the Claims Tribunal for that area.

A Claim Tribunal under the Motor Vehicle Act and the Workmen's Compensation Act are two independent Tribunals but they have concurrent jurisdiction with regard to claims for compensation in some cases. In such a case, the option lies with the claimant to choose one or the other Tribunal. Though Section 19 of the Workmen's Compensation Act bars the jurisdiction of the civil court, it doesn't bar the jurisdiction of the Tribunal under the Motor Vehicle Act.

The claimant can choose whether to seek relief under the Workmen's Compensation Act or the Tribunal under the Motor Vehicle Act where the claim arises out of a motor accident.

Motor Accident Claim Tribunal

at 7:23 PM Posted by Unknown

Originally compensation /claims for health for death or injuries arising out of motor accidents could be obtained only by filing suits in the civil courts which was not only long drawn out and expensive but also a cumbersome procedure. Claimants were put to a great deal of inconvenience because of the long time taken in deciding compensation claims. In addition, the victim or injured party also had to pay court fees. The accidented person or his/her heirs hit by motor vehicles often found it difficult to arrange for court fees and expenses connected with the prosecution of the case. To avoid this glaring injustice, by Section 165, a provision was made in the Motor Vehicle Act for setting up a Motor Accidents Claims Tribunal which substituted for the tardy procedure of civil courts. It provides expeditious and summary procedure to be adopted by the Claims Tribunal. The main purpose of the setting up of the Tribunal was to liberate it from procedural shackles of civil courts and to award compensation, which appeared just to the Tribunal, within a time frame and in an inexpensive way.

Under the Act more than one claims Tribunal can be set up and their territorial jurisdiction is specified by notification constituting the Tribunals. If two or more Claims Tribunals are constituted for one area of a state, just as in metropolitan cities, the state government regulates distribution of cases among them.

The Claims Tribunal consists of such member or members as the government find desirable. One of the members is the Chairman of the Tribunal. Generally the Chairman is a retired judge of a High Court or a District judge or a person qualified for appointment as judge of the High Court. The claims Tribunal is a court subordinate to the High Court and the High Court can transfer cases from one Tribunal to another in the same state. Appeal from the Awards of the Claims Tribunal can be preferred to the High Court and revision under Section 115 of the Civil Procedure Code against the order lies to the High Court only. The jurisdiction of the Claims Tribunal is restricted only to the claims which arise out of the use of a motor vehicle as defined in the Act and the basis of the claim would be an accident arising out of the use of motor vehicle. The vehicle should be mechanically propelled and the accident should be the result of such use or misuse.

The claim Tribunal can and does entertain claims of the following kind:

(i) Claim for payment of compensation even when the driver or owner is not negligent and is not at fault. This is generally known as no-fault claim under section 140 of the Act.

(ii) Claims for compensation to victims of hit and run accidents where the driver/owner or the insurer of the vehicle is not traceable (Section 161).

(iii) Claims for compensation arising out of torts or fatal accidents based on negligence of the driver or owner of the vehicle.

(iv) Claims in respect of damages to properties arising out of use of the motor vehicle by a third party.

The owner of the properties damaged in the motor accident is entitled to maintain a claim for damages simplicitor; so also the person injured in an accident. The claim for damage to property can be filed independently even without there being any bodily injury.

The application for compensation arising out of accidents can be made by a person who sustained injury or by the owner of the property or, where death has resulted by accident, by any legal heirs of the deceased. The report filed by a police officer u/section 166 (4) of the Act before the Claims Tribunal can also be treated as a claim filed on behalf accidented person.

Railway Rates Tribunal

at 3:56 PM Posted by Unknown

The Indian Railway Rates Tribunal was established under the Indian Railways Act, 1989. It consists of a Chairman who is, or has been, a judge of the Supreme Court or of a High Court and two members one of whom, in the opinion of the Central government, has "Special Knowledge of commercial industrial or economic conditions of the country" and the other a person who, in the opinion of the Central government, "has special knowledge and experience of the commercial working of the railways." These persons are appointed by the Central government and hold office for such period as may be specified in the order of appointment, but for not more than five years.

The Tribunal has the power to hear complaints against the railway administration relating to discriminatory or unreasonable rates levied by it, or levying any other charge which is unreasonable or in giving undue preference to a particular person. The Tribunal can also hear references made by the Central government in regard to classification of any commodity, fixation of wharfage and demurrage charges, fixation of fares levied for the carriage of luggages, parcels, heavy materials and military traffic, and fixation of lump-sum rates. The Tribunal acts with the aid of assessors who are selected from a panel prepared by the Central government. This panel includes representatives of trade, industry, agriculture and persons who have a working knowledge of the railways. They are selected after consultation with the interests likely to be affected by the decisions of the Tribunal.

A party before the Tribunal is entitled to be heard in person or through an authorised agent including a lawyer. The decision of the Tribunal is made by the majority, and is final; it can be executed by a civil court "as if it were a decree." The Tribunal can revise its order on an application being made by the railway administration after one year of its order and only if it is satisfied that "since the date of decision by the Tribunal, there has been a material change in the circumstances."

No suit can be instituted or proceeding taken in respect of any of the matters which the Tribunal is empowered to deal with or decide.

Since the Tribunal is presided over by a judge of the Supreme Court or a High Court, independence and impartiality is assured. This is the most valuable safeguard as the Tribunal has to decide disputes between an individual and the administration.

The appeal against the order of the Tribunal lies to the Supreme Court under Article 136 of the Constitution.

Railway Rates Tribunal

at 3:53 PM Posted by Unknown

The Indian Railway Rates Tribunal was established under the Indian
Railways Act, 1989. It consists of a Chairman who is, or has been, a
judge of the Supreme Court or of a High Court and two members one of
whom, in the opinion of the Central government, has "Special Knowledge
of commercial industrial or economic conditions of the country" and
the other a person who, in the opinion of the Central government, "has
special knowledge and experience of the commercial working of the
railways." These persons are appointed by the Central government and
hold office for such period as may be specified in the order of
appointment, but for not more than five years.

The Tribunal has the power to hear complaints against the railway
administration relating to discriminatory or unreasonable rates levied
by it, or levying any other charge which is unreasonable or in giving
undue preference to a particular person. The Tribunal can also hear
references made by the Central government in regard to classification
of any commodity, fixation of wharfage and demurrage charges, fixation
of fares levied for the carriage of luggages, parcels, heavy materials
and military traffic, and fixation of lump-sum rates. The Tribunal
acts with the aid of assessors who are selected from a panel prepared
by the Central government. This panel includes representatives of
trade, industry, agriculture and persons who have a working knowledge
of the railways. They are selected after consultation with the
interests likely to be affected by the decisions of the Tribunal.

A party before the Tribunal is entitled to be heard in person or
through an authorised agent including a lawyer. The decision of the
Tribunal is made by the majority, and is final; it can be executed by
a civil court "as if it were a decree." The Tribunal can revise its
order on an application being made by the railway administration after
one year of its order and only if it is satisfied that "since the date
of decision by the Tribunal, there has been a material change in the
circumstances."

No suit can be instituted or proceeding taken in respect of any of
the matters which the Tribunal is empowered to deal with or decide.

Since the Tribunal is presided over by a judge of the Supreme
Court or a High Court, independence and impartiality is assured. This
is the most valuable safeguard as the Tribunal has to decide disputes
between an individual and the administration.

The appeal against the order of the Tribunal lies to the Supreme
Court under Article 136 of the Constitution.

Industrial Tribunal

at 1:55 PM Posted by Unknown

The Industrial Tribunal (under the Industrial Disputes Act 1947) is constituted by the Central government if an industrial dispute relates or in any way concerns the central government, but where the Government of India has no such direct interest, the Tribunal may be constituted by the appropriate government, that is, the state government.

The Industrial Tribunal may consist of one or more members who are appointed by the Central government or by the appropriate government as the case may be. Where such a tribunal consists of two or more members, one of them will be appointed as the Chairman of the Tribunal. There can be a one-man Tribunal also. The Chairman of the Tribunal should possess judicial qualifications in as much as he:

(i) is or has been a judge of the High Court, or

(ii) is or has been a District Judge; or

(iii) is qualified for appointment as a judge of the High Court.

With regard to members other than the Chairman, they should possess such qualifications as may be prescribed. Where an industrial dispute affecting any banking or insurance company is referred to the Tribunal, one of the members, in the opinion of the Central government or appropriate government, should possess special knowledge of banking or insurance as the case may be.

The jurisdiction of the Tribunal extends to any industrial dispute such as a dispute between employers and their workmen about wages, including the period and mode of payment, compensation and other allowances, hours of work and rest, maternity leave with wages, holidays, bonus, profit-sharing, provident fund, gratuity, shift working otherwise than in accordance with standing order, classification of grades, rules of discipline, rationalisation, retrenchment of workers and closure of establishments and any other matter that may be prescribed.

All disputes between workers and those connected with the employment or non-employment or the terms of employment or with the conditions of labour of any person are referred to it.

The procedure to be followed by the Industrial Tribunal is prescribed by the Act and rules made there under. The Tribunal has to act judicially as it is a quasi-judicial authority. It has some of the trappings of a court. It has to apply the law and also the Principles of Natural Justice, equity and good conscience. The Tribunal is vested with the power of a civil court and it can enforce attendance of any person and examine him on oath, compel the production of documents, issue commissions for examination of witnesses, and such inquiry and investigations are deemed to be judicial proceeding within the meaning of Section 193 and 228 of the Indian Penal Code.

The Tribunal's awards are published in the Government Gazette. On due publication, the award becomes final. It is required to be signed by all the members of the Tribunal. If it is not signed by all the members, it becomes illegal and inoperative.

The proceedings conducted by the Industrial Tribunal are judicial proceedings and the decisions and the awards are subject to writ jurisdiction of the High Court under Article 226 of the Constitution. The Tribunal is also subject to the supervisory jurisdiction of the High Court under Article 227 of the Constitution. The Award of the Tribunal can be challenged directly in the Supreme Court under Article 136 of the Constitution of India as under that Article the Supreme Court is vested with the power and discretion to entertain appeals against the orders of any court or Tribunal by granting special leave.

Appellate Tribunal for Smugglers’ Forfeited Property

at 8:26 PM Posted by Unknown

In 1976 the Central Government passed the Smugglers and Foreign
Exchange Manipulators (Forfeiture of Property) Act to provide for the
forfeiture of illegally acquired properties by smugglers and foreign
exchange manipulators. Such a forfeiture is to be ordered by the
competent authority appointed by the central government under the Act.
The said authority has the power to forfeit the property and to impose
fine in lieu of forfeiture in certain cases and, in the case of
allegations against certain trusts, to enquire into the source of
investment in properties in such trusts and to forfeit such properties
as well.

According to the Act the aggrieved party can appeal against any
of the above actions of an Appellate Tribunal which has been
constituted under the Act by the Central government to hear appeals.
The said Tribunal comprises a chairman and such number of other
members as the central government thinks fit. Currently, the Tribunal
consists of the Chairman and two other members.

The Chairman should be a person who is or has been or is
qualified to be a judge of the Supreme Court or of a High Court. The
headquarters of the Tribunal are at Delhi and all appeals are
generally heard at Delhi, but they can be heard at the discretion of
the Chairman either at Bombay or Calcutta or Madras and or at any
other place in the public interest.

The appeal is to be filed within 45 days of the order of the
competent authority, but the Tribunal may entertain a petition in
certain cases after 45 days but not after 60 days from the date
mentioned earlier. No fee is to be paid for filing the appeal to this
Tribunal.

Once the appeal has been received, the Tribunal may (after it
has been given an opportunity to the appellant to be heard if they
desire it, and after making such further enquiry as it deems fit),
confirm, modify or set aside the order appealed against. The hearings
before the Tribunal are not open to the public. During the hearing,
the appellant can be represented by his or her authorised
representative, who can be a company secretary, a charter accountant
or an advocate. The Tribunal has the powers of a civil court while
trying a suit under the Code of Civil Procedure 1908.

For the purposes of exercising its authority in deciding appeals,
the Tribunal can seek the assistance of the officers of the Customs
and the Central Excise Department, the Income Tax Department, the
Enforcement Directorate appointed under the Foreign Exchange
Regulation Act 1973, as well as the Police Department.

No order passed by the Tribunal can be appealed against and
no civil court has the jurisdiction in respect of any matter which the
Tribunal is competent to determine. Thus the remedy against the
Tribunal' order, if the appellant is not satisfied with it, it is
either by way of a writ petition under Article 226 or Article 32 of
the Constitution before the High Courts or Supreme Court respectively
or under Article 136 of the Constitution before the Supreme Court.

Foreign Exchange Appellate Board

at 3:14 PM Posted by Unknown

'Appellate Tribunal for Foreign Exchange'

The Foreign Exchange Regulation Act, 1973 (FERA) was reviewed in 1993 and several amendments were enacted as part of the ongoing process of economic liberalization relating to foreign investment and foreign trade for closer interaction with the world economy. It was subsequently felt that it would be better to repeal the existing FERA and enact a new legislation. Reserve Bank of India constituted a Task Force for the said purpose. It submitted its report in 1994 recommending substantial changes in existing Act. Keeping in view the changed environment, Central Government decided to introduce the Foreign Exchange Management Bill and repeal FERA. The Foreign Exchange Management Bill was passed by both the house of Parliament and came on the Statute books as the 'Foreign Exchange Management Act, 1999 (42 of 1999)' (FEMA) w.e.f. 1st June, 2000. It repeals FERA and, the Appellate Board constituted under section 52 of the said Act. Under section 18 of FEMA Central Government established an Appellate Tribunal known as the 'Appellate Tribunal for Foreign Exchange' to hear appeal against the orders of the Adjudicating Authorities and the Special Director (Appeal) under the Act.

The Appellate Tribunal consists of a Chairperson and such members as the Central Government may deem fit. It can also sit in Benches. Such Benches can be constituted by Chairperson with one or more members as the Chairperson may deem fit. The Benches of the Appellate Tribunal are ordinarily to sit at New Delhi and also sit at such other places as the Central Government may in consultation with the Chairperson notify. These Benches would have jurisdiction in relation to the areas which Central Government may notify in respect of each Bench.

The Appellate Tribunal is administered by highly qualified and experienced persons in legal field. The Chairperson is to be a person who has been or is qualified to be a judge of the High Court. Similarly a member is to be a person who has been or is qualified to be a District Judge. They also enjoy high degree of immunity. The Chairperson or a Member cannot be removed from his office except by order of the Central Government on the ground of proved misbehaviour or incapacity after an inquiry is made by such person as the President as the President may appoint.

The Appellate Tribunal while hearing the Appeal is not bound by the procedure laid down by Code of Civil Procedure, 1908 but is guided by the Principles of natural justice and has power to regulate its own procedure. Under the Act jurisdiction of the civil court is barred in respect of any matter which an Adjudicating Authority or, the Appellate Tribunal or the Special Director (Appeals) is empowered by or under the Act to determine.

The Act provides for regulation and management of foreign exchange, holding of foreign exchange, current account transactions, capital account transactions, realization and repatriation of foreign exchange etc. Contravention of any of the provisions of the Act or rules, regulations, notifications, directions or orders issued in exercise of the powers under the Act upon adjudication are made liable to a penalty up to thrice the sum involved in such contravention where such amount is quantifiable or, up to Rs 2 lakhs where such amount is not quantifiable. Continuing contravention is liable to further penalty which can extent to Rs. 5,000/- for every day after the first day during which contravention continues. In case any person fails to make full payment of the penalty imposed on him within a period of 90 days, he is liable to civil imprisonment under the Act.

An appeal can be filed against any decision or order of the Appellate Tribunal on a question of law by an aggrieved person to the High Court within 60 days from the date of communication of the order to him.

Family Court

at 9:09 PM Posted by Unknown

Till 1984, a suit for divorce and a petition for maintenance under
Hindu, Christian, Muslim and Parsi laws was decided by ordinary
courts, particularly district courts, which had the jurisdiction
conferred upon them under the particular Act. The procedure adopted by
these courts was provided in the Code of Civil Procedure and the
Criminal Procedure Code respectively. This was cumbersome and the
courts did not have the power under law to investigate on their own to
reach final determination.

It was to provide effective and less expensive remedies the Family
Courts were established under the Family Court Act 1984. The Act
confers powers upon the court to use its discretion and bring about
and effective amicable settlement between the parties.

The object and reason for which Family Courts have been
established are to "promote conciliation in securing speedy settlement
of disputes relating to marriage and family affairs and for matters
connected therewith."

Family Courts can lay down their own procedure with a view to
arriving at a settlement in respect of the subject matter of the suit
or proceedings or to find out the truth of what is alleged by one
party and denied by the other.

These courts entertain:

(i) a suit or proceeding between the partied to a marriage for a
divorce of nullity of marriage (declaring the marriage to be null and
void or, as the case may be, annulling the marriage or judicial
separation or dissolution of marriage;

(ii) a suit or proceeding for a declaration as to the validity of a
marriage or as to the matrimonial status of any person;

(iii) a suit of proceeding between the parties to a marriage with
respect to the property of the partied or of either of them;

(iv) a suit or proceeding for an order or injunction in circumstances
arising out of a marital relationships;

(v) a suit or proceeding for a declaration as to the legitimacy of any person;

(vi) a suit or proceeding for maintenance;

(vii) a suit or proceeding in relation to the guardianship of the
person or the custody of , or access to, any minor.

By sections 5 and 6 of the Act, the court has been given power to
associate social welfare agencies and counsellors to enable them to
exercise this jurisdiction more efficiently, effectively and in
accordance with the purposes of this Act.

An appeal from every judgement or order, not being an interlocutory
order of a Family Court, lies to the High Court both on facts and on
law.

A peculiar feature of the Family Court is that they exclude
representation by lawyers. The proceedings before such courts are
conciliatory and advisory in character.

Generally, in most cases, Family Courts dispense with representation
by lawyers. Though this may pose some difficulty in following
complicated procedures and rules, the lacuna, if any, can be made good
by the services rendered by the family associations and counsellors.
The judge can, in due course, bring about speedy justice and
conciliation. However the judges may, in complicated cases, allow
lawyers to appear if the parties so desire and if the courts think it
necessary to do so for the expeditious disposal of matters.

The success of Family Courts depends upon their departing from
procedure as in ordinary suits and evolving a procedure that can help
to obtain truth and information without much expense and time, thus
giving speedy justice.

Appeal lies to the High Courts and to the Supreme Court
under Article 136 of the Constitution.

Election Commission of India- Article 324

at 5:54 PM Posted by Unknown

Election Commission of India Article 324 of the Constitution provides for the creation of an independent body named Election Commission and invest it with following exclusive powers:

(i) Superintendence, direction and control of the preparation of electoral rolls for all elections to Parliament and to the Legislatures of every state and of elections to the offices of President and Vice-President. The words 'Superintendence, direction and control' empower Election Commission to act in contingencies not provided for by law and to pass necessary orders for the conduct of the election, for example, holding a repoll or selecting polling stations; to direct a special revision of the electoral roll by deleting an area which did not belong to a particular constituency. These powers are subject to any law made by Parliament under Article 327 and 328.

(ii) Under Section 169 of the Representation of People Act, 1951, Election Commission is competent to make the Symbols Order to decide disputes relating to the allotment of symbols to political parties and to recognise or derecognise parties for such purpose. In this context, the Commission has the power to determine the status of rival groups within the same party. The Commission is entitled to determine the effect of merger or separation of parties for this purpose or to decide disputes among splinter groups within a political party.

(iii) Election Commission can advise the President or a Governor of any state on the question of disqualification of any member of Parliament or Legislature under Articles 103(2) and 192(2) of the Constitution of India respectively.

The entire electoral machinery of the Union as well as of the states is in the hands of this centralised body, which alone is entitled to issue directives to returning officers, polling officers and others engaged in the preparation and revision of the electoral rolls so that no injustice may be done to any citizen of India by any local government. The Commission is assisted by Regional Commissioners, who not under the control of the state governments, but directly under Election Commission; they are not liable to be removed except at the recommendation of the Chief Election Commissioner.

Election Commission is independent of executive control in as much as its members as also the Regional Commissioners cannot be removed by the President except on the recommendation of the Chief Election Commissioner. The Chief Election Commissioner cannot be removed except in the manner provided in Article 124(4) relating to the removal of a judge of the Supreme Court by impeachment. Nor can the conditions of service of the Election Commissioner be varied to his disadvantage after his appointment.

The object underlying these provisions is to ensure an election free from the control of the party in power for the time being, without which representative democracy becomes meaningless.

Appeals

(i) The Election Commission is a tribunal within the meaning of Article 136(1), hence, the orders of the Commission are subject to appeal by special leave of the Supreme Court under Article 136.

(ii) An order of the Commission can be challenged before the Supreme Court under Article 32 or under Article 226 before High Court where it involves the question of the constitutional validity of such an order affecting fundamental rights.

(iii) No other courts have control of, or appellate or superintending powers over the Election Commission.

Cooperative Appellate Courts

at 10:27 PM Posted by Unknown

Under various Cooperative Societies Acts States Cooperative Appellant
Courts and Tribunals have been constituted in almost all states. These
generally consist of the President and such other members as the state
governments may, from time to time, consider necessary.

The Cooperative Societies Acts have established Cooperative
Courts to hear disputes touching upon the Constitution, elections, of
the committee or its officers other than elections of committees of
the specified societies including its officers, conduct of general
meetings, management of the business of a society, which acts be
referred to by any party/parties to the dispute or by a federal
society to which the society is affiliated or by a creditor of the
society to a Cooperative Court. The Cooperative Courts have
jurisdiction over the respective state or any part thereof.

A Cooperative Court hearing a dispute under the Cooperative
Societies Act has been invested with the power to summon and enforce
attendance of witnesses including the parties interested or any of
them and compel them to give evidence on oath, etc. in the same manner
as is provided in the case of Civil Courts by the Code of Civil
Procedure, 1980.

If any party is aggrieved by any decision or order of the
Cooperative Court or the Registrar, the appeal lies to the Cooperative
Appellate Court. The orders passed in appeal or in revision by the
Cooperative Appellate Courts are final and conclusive and cannot be
called in question in any civil or revenue court. But the jurisdiction
of High Court under Articles 226 and 227 and the Supreme Court under
Article 136 of the Constitution is not affected and the aggrieved
party can approach the High Court and the Supreme Court in appropriate
cases.

Customs, Excises and Gold (Control) Appellate Tribunal

at 8:34 PM Posted by Unknown

The Customs, Excise an Gold (Control) Appellate Tribunal (in short Appellate Tribunal) was established in 1982 by the Central Government under section 129 of the Customs Act, 1962. It started functioning from 12 October 1982. The Appellate Tribunal as its name suggests hears the appeals under Section 129A of the Customs Act, 1962, 35b of the Central Excise and Salt Act, 1944, and section 81 of the Gold (Control) Act, 1968. It consists of as many judicial and technical members as are deemed proper by the Central Government to exercise and discharge the functions conferred on the Appellate Tribunal.

A judicial member is one who has held for at least 10 years a judicial officer in the territory of India, or who has been a member of the Central Legal Service, or has held a post in Grade I of that service or equivalent or higher post for at least three years, or has been an advocate for 10 years, etc. A technical member is one who has been a member of the Indian Customs and Central Excise Service, Group 'A', and has held the post of Collector of Customs or Central Excise or any equivalent or higher post for at least three years. Out of these members one of the members is appointed President, and one and more of members can be appointed Vice-President. One of the said Vice-Presidents can also be appointed as Senior Vice-President. The Senior Vice-President and vice-President exercise such powers and perform such functions of the President as may be delegated to them by the President through a general or special order in writing.

The appeals against the decision or order relating to the determination of any question having relation to the rate of duty or the value of goods, for the purposes of assessment, is heard by a Bench consisting of at least two members out of which at least one is judicial member and, one a technical member. These Benches are called Special Benches. There are, at present, five such Benches, and presently they are holding their sittings at 2, West Block, R. K. Puram, New Delhi. The other Benches also, usually consist of two members and out of these one is usually a judicial member and the other a technical one. The other Benches hear appeals pertaining to matters other than those relating to the rate of duty or value of goods for the purpose of assessments. They are called Regional Benches. At present, there are four Regional Benches functioning – the Central Regional Bench at Delhi, East Regional Bench at Calcutta, South Regional Bench at Madras and West Regional Bench at Bombay.

In addition, the President is also empowered to constitute Single Benches, i.e. a Bench comprising a single member to dispose of appeals where questions involving determination of rate of duty of excise, value of the goods for the purposes of assessment, or the difference in duty are not the issues, and where the amount of fine or penalty involved does not exceed Rs 50,000.

The Appellate Tribunal after giving the parties to appeal an opportunity of being heard, is empowered to pass order as it thinks fit confirming, modifying or annulling the decision or order appealed against. It can also refer the case back to the authority, which had passed the decision or order which had been appealed against, with such directions as it may think fit for fresh adjudication or decision, and if required, even by taking additional evidence. The Appellate Authority is not empowered to review its own decisions. However, if there are mistakes apparent from the records it can amend any order passed by it, and rectify any such mistake brought to its notice by the Collector or the parties to the appeal within four years of the date of order.

Ordinarily, the appeals are entertained by the Appellate Tribunal when the duty demanded in respect of goods or the penalties imposed by the inferior authorities are deposited. However, it is empowered to hear the appeal without insisting the deposit of the said amount or part of the said amount, in case it is of opinion that the deposit of duty demanded or penalty levied would cause undue hardship to such party. It can, while dispensing with such deposits, impose such conditions as it may deem fit to safeguard the interest of revenue.

The decisions of the Benches of the Appellate Authority are by majority. If the members of a Bench differ on opinion on any point, and if the members are equally divided, they are required to state the point or points on which they differ and make a reference to the President. The President on receipt of such reference would either hear the point or points himself, or would refer the case for hearing on such point or points to one or more of the other members of the Appellate Tribunal. The decision on such point or points is taken according to the opinion of the majority of those members who heard the case including those who first heard it.

The Appellate Tribunal upon an application of either of the parties is empowered to refer to the High Court any question of law by drawing up a statement of case. The case referred to the High Courts are heard by a Bench comprising at least two judges of the High Court and is decided in accordance with the opinion of such judges or the majority of such judges. Similarly, in case there are conflict in decisions of the High Court on a particular question of law, and the Appellate Tribunal deems it expedient that a reference be made to the Supreme Court. It can draw a statement of case and refer it through the President direct to the Supreme Court. The Supreme Court on hearing any such reference would decide the question referred to it. The Appellate Tribunal upon receipt of opinion /judgement on reference from the High Court or the Supreme Court, as the case may be is required to pass such orders as are necessary to dispose of the appeal in hand in conformity with the said opinion/judgement of the High Court of the Supreme Court.

The Appellate Tribunal is the final fact finding authority. However, appeal to the Supreme Court is provided against the judgement of the High Court delivered on a reference, if the High Court certifies the same to be fit for an appeal to the Supreme Court or against the order of the Appellate Tribunal relating, among other things, to the determination of any question having a relation to the rate of duty or the value of goods for the purpose of assessment. The decisions of the Appellate Authority except being as provided herein before, are final and binding on the parties.

The Appellate Tribunal subject to the provisions of the Customs Act, 1962 has powers to regulate its own procedure and the procedure of the Benches in all matters arising out of the exercise of its powers or discharge of its function including the place at which the Benches should hold their sittings. The Appellate Tribunal for the purpose of discharging its functions also has the same powers as are vested in a court under the Code of Civil Procedure, 1908 in respect of discovery and inspection, enforcement of attendance of a person and examining him on oath, compelling the production of books of accounts and other documents, and issuing commissions. The proceedings before the Appellate Tribunal are deemed to be judicial proceedings within the meaning of Section 193 and 228 of the Indian Penal Code, 1860. The Appellate Tribunal is also deemed to be a civil court for all the purposes of Section 195 of Chapter XXVI of the Code of Criminal Procedure 1973.

At the hearing of the appeal before the Appellate Tribunal, a party to the appeal can either engage a legal practitioner or authorise its representative, which may include its employee, to appear and argue their case. In other words, individuals other than advocates if authorised by the parties to appeal can appear and act for the said party.

Judicial Review and Appeal, Revision

at 2:35 PM Posted by Unknown

Under the above mentioned Acts, any person subject to the said Act and
who is governed by any order passed by any Court Martial, can present
a petition to the officer or authority empowered to confirm any
finding or sentence of such Court Martial and the confirming authority
can take such steps as may be considered necessary to satisfy itself
about the correctness, legality or propriety of the order passed or
the regularity of any proceedings to which the order relates and the
punishment is awarded. Any person who is aggrieved by a finding or
sentence of a Court Martial which has been confirmed, may further
present a petition to the Central government, the chief of the Army
Staff or any prescribed officer superior in command to the one who
confirmed such finding or sentence and the latter, as the case may be,
may pass such an order thereupon as it or he thinks fit. The
Constitution of India expressly excludes the power of the Supreme
Court to grant leave to appeal from any judgement, decree or
determination, sentence or order in any cause or matter made by a
Tribunal constituted by or under any law relating to the Armed Forces.
So also the High Courts have been precluded from exercising any power
of superintendence over any court or Tribunal constituted by or under
any law relating to the Armed Forces. The rationale behind this
non-interference of the civil courts is apparently founded upon the
consideration that the military tribunals have complete knowledge of
the controversy and they can and will do fair and impartial justice to
the accused and his accusers.

Notwithstanding the absence of a right of appeal, military
tribunals area, to a limited extent, subject to the control and
supervision of the High Court and the Supreme Court.

Under Articles 32 and 226 of the constitution of India, the Supreme
Court and every High Court of India has the power throughout the
territory in relation to which it exercises jurisdiction to issue to
any person or authority any directions, orders or writs including the
writ in the nature of habeas corpus, mandamus, prohibition or quo
warranto and certiorari or any of them for the enforcement of
fundamental rights conferred by Part III of the constitution of India.
The bar of Articles 136(2) and 227 of the constitution does not,
however, find place in Articles 32 and 226 of the Constitution and
Court Martials are thus amenable to the writ jurisdiction of the
Supreme Court and the High Courts under Article 226 of the
Constitution. This is that while the Supreme Court can exercise its
writ jurisdiction only for the enforcement of fundamental rights
guaranteed by the Constitution, the High Court's jurisdiction is much
wider. It can grant writs not only for the enforcement of fundamental
rights but also for any other purpose.

If any officer/person punished under Army Act moves the High
Court under Article 226 and the case is adjudicated by the High Court,
any of the parties can approach the Supreme Court under Article 136 of
the Constitution which will not amount to entertaining any appeals
from the Award of the Court Martial but would be an appeal from the
judgement of the High Court.

Trial by Court Martial

at 10:54 AM Posted by Unknown

The Constitution of India, by Article 136(2), specifically excluded from the jurisdiction of the Supreme Court, and that of the High Courts by Article 227, offences committed under the Army Act 1950, the Air Force Act 1950 and the Navy Act 1957.Similarly, the Indian Penal Code/ Criminal Procedure Code does not give jurisdiction to Criminal Courts over defence personnel in respect of offences committed under these Acts. Such persons and offences are tried by the court known as Court Martial. Even if a personnel of Armed forces is detained by the local police and kept in custody, the Criminal Procedure Code provides that he should be handed over to military authorities to be tried under Court Martial. The Court Martial, though a legal tribunal, is not part of the judiciary of the country. It is however, the only court where a case of a military offence can be tried, determined and punished. The superior civil courts, that is, the Supreme Court and the High Courts, have no appellate jurisdiction and no appeal to any civil court lies from the punishment awarded. The only way by which the decision or proceedings of a Court Martial can, to a very limited extent, be challenged is by way of writ jurisdiction of the Supreme Court and the High Courts under Article 32 and 226 of the Constitution of India respectively.

The Court Martial is a court within the meaning of civil procedure and the proceedings before the Court Martial and judicial proceedings. Like a court of law, the Court Martial is bound by the fundamental principles of natural justice and, in the absence of special provisions on the subject in the military code, it is expected to observe the rules of evidence as in the civil courts.

There are four different kinds of Court Martial known to military law:

(i) General Court Martial

(ii) District Court Martial

(iii) Summary General Court Martial

(iv) Summary Court Martial

The General Court Martial is the highest Court Martial and may be convened by the Central government or the Chief of the Army Staff by way of warrant of the Chief of the Army Staff. A General Court Martial must consist of at least five officers. The General Court Martial has powers to try any army persons subject to the Acts for any offence punishable therein and award any sentence. Such Court Martials are held for the trial of officers and men of their own command.

The District Court Martial may be convened by an officer who has the power to convene a General Court Martial or by any officer empowered in that behalf. The District Court Martial consists of not less than three officers. It has the power to try any officer or a junior commissioned officer for an offence made punishable therein and to pass any sentence authorised by the Act other than a sentence of death, life imprisonment or imprisonment for a term exceeding two years.

The Summary General Court Martial can be convened by the officer empowered in that behalf by an order the Central government or the Chief of staff or other such officers. The Summary General Court Martial consists of not less than three officers. It has the same powers as a General Court Martial and can try any person subject to the Act for any offence punishable therein and award any sentence authorised thereby.

The Summary Court Martial is held by the commanding officer of any corps, department or detachment of the regular Army to which the accused belongs. The proceedings of a Summary Court Martial are attended throughout by two other persons who are officers or junior commissioned officers or one of either. The Summary Court Martial can try and offence punishable under the Act or under the command of the officer holding the court, except an officer, junior commissioned officer or warrant officer, when there are grave reasons for immediate action. The Summary Court Martial may pass any sentence that could be awarded under the Act in respect of the offence charged but not a sentence of death or life imprisonment or imprisonment for a term exceeding one year. The qualifications of the persons constituting the Court Martial are prescribed in the respective Acts.

In the Armed forces, there is an office known as Judge Advocate General. The Acts provide that every General Court Martial shall and every District or Summary Court Martial may be attended to by the Judge Advocate who either belongs to the department of the Judge Advocate General or if no such officer is available, an officer approved by the Judge Advocate General or his deputies. His role is of an adviser and the prosecutor and accused are at all times entitle to his opinion on question of law both inside and outside of the court.

The functions of the Judge Advocate are:

(i) The prosecution and the accused, respectively, at all times, after the Judge Advocate is named to act on the court, are entitled to his opinion on any question of law relating to the charge or trial, whether he is in or outside of the court. However, if he is in the court, then his opinion has to be sought with the permission of the court.

(ii) He is responsible for informing the court of any irregularity in the charge or the proceedings. Whether consulted or not, he should inform the convening authority and the court of any infirmity or defect in the charge or in the constitution of the court and give his advice on any matter before the court.

(iii) He is bound to finish his opinion on any question of law, practice or procedure, arising in the course of trial, when this is required of him by the court.

(iv) After closing addresses, the Judge Advocate sums up the evidence and advices the court upon the law relating to the case before the court close to deliberate on their findings.

(v) The Judge Advocate has, equally with the presiding officer, the duty of taking care that the accused does not suffer and disadvantage in consequence of his position as such, or of his ignorance or incapacity to examine or cross examine witnesses or otherwise, and may for that purpose, with the permission of the court, call witnesses and put question to them, which appear to him necessary or desirable to elicit the truth.

(vi) He summons the witnesses both for the prosecution and the defence to attend at the time, date and place where the Court Martial is being held.

In fulfilling his duties, the Judge Advocate is enjoined to maintain an entirely impartial position. He is bound to consider himself as a minister of Justice and he should only interfere to the extent to which the court itself is bound to interpose. In his duty towards the prisoner, he is not obliged to go further than the court itself; the court sits for the purpose of doing justice and is bound to care that the prisoner does not suffer from his ignorance, inexperience or incapacity.

Commission for the Protection of Consumers

at 6:29 PM Posted by Unknown

In 1969, the Indian Legislature enacted the Monopolies and Restrictive
Trade Practices (MRTP) Act by which the Monopolies Commission was set
up and given powers to entertain complaints regarding monopolistic and
restrictive trade practices, and later unfair trade practices by the
Amendment Act in 1984. However, it was felt that the powers given to
the MRTP Commission were not sufficient to directly protect consumers
as it was mainly intended to regulate competition in the hope that it
would generate fair conduct, the effects of which would ultimately
percolate to consumers. There, the Consumer Protection Act, 1986 was
enacted to provide for better protection of interests of the
consumers. It received the assent of the President on 24th of December
1986. Under this Act, a three of goods which suffer from defects,
deficiency in respect of services hired including medical services has
been provided:

i. District level fora: These fora are established by the respective
state governments with the approval of the central government in each
district of the state

ii. State Commissions: State Commissions are established by the state
governments with the prior approval of the central government in each
state:

iii. National Commissions: The National Consumer Disputes Redressal
Commission has been established by the central government for the
whole of India, and it is located at New Delhi.

The District Commission's jurisdiction is confined to entertaining
all consumer complaints where the value of the goods or services and
the compensation, if any claimed, is less than Rs 20,00,000 (twenty
lakhs).

The State Commission entertains complaints where the value of
the goods or services and compensation, if any claimed, exceeds Rs
20,00,000 ( twenty lakhs) but does not exceed Rs 1,00,00,000 (one
crore); it also hears appeals against the orders of any district
within the state. It also has the power of revision. Additionally, it
can call for the records and pass appropriate order in any consumer
dispute which is pending before it or has been decided by any District
Forum within the state and where it appears to the state commission
that the District Forum has exercised jurisdiction not vested in it by
law, or has failed to exercise jurisdiction so vested or has acted in
exercise or its jurisdiction, illegally or with material irregularity.

The National Commission also has original jurisdiction to entertain
complaints where the value of the goods or services and compensation
claimed exceeds Rs 1,00,00,000 (one crore). It has the power to hear
appeals by any person aggrieved by the order of the state commission
and it has also revisional powers.

Appeals from the National Commission is provided direct to
the Supreme Court under Section 23 of the Act. This should be filed
within 30 days of the date of the order. In order to reduce frivolous
appeals, Appeals against the order of the District Forum can be filed
before State Commission only if Appellant deposits 50% of the amount
or Rs. 25,000/- whichever is less. Similarly appeal against the order
of state commission can be filed before National Commission only if
Appellant deposits 50% of the amount or Rs 35,000/- whichever is less.
Appeal against the order of the National Commission can be filed
before the Supreme Court only if Appellant deposits 50% of the awarded
amount or Rs 50,000/- whichever is the less. In order to expedite the
hearing of the appeal, Section 19A provides that appeals filed before
the state commission or the National Commission should be heard as
expeditiously as possible and, endeavor should be made to finally
dispose of the appeal.

The consumer fora give valuable service to consumers.

Complaints against defective services can be filed, as also
complaints against governments, public undertakings, banks,
electricity boards, housing boards, the Life Insurance Corporation,
builders, manufacturers and private undertakings, etc. To some extent,
the jurisdiction of the Monopolies Commission and the consumer fora
overlaps but the main advantages of consumer fora are that redress is
available all over India whereas the Monopolies Commission is
situated only in Delhi. The Consumer forum is, however, a powerful and
an important forum if properly used and administered. It is not bound
by cumbersome rules of evidence and civil procedure. It id speedy and
little expensive remedy as court fee is required to be paid. Any
individual or any recognised consumer association cal also approach
the forum on behalf of the consumer in general.

In the recent years the commission has delivered decisions on very
important and varied matters which have proved a boon to ordinary
persons such as consumers of products, railway and air travellers,
telephone subscribers, electricity users, insured persons, purchasers
of various goods, users of vehicles and those who hire consumer
services, etc.

MRTP-CCI

at 4:46 PM Posted by Unknown

However, with passage of time, changing economic scenario, it was felt
by the Central Government that existing MRTP Act has become obsolete
in certain aspects. Central Government consequently to gear up Indian
market to face competition from within the country and outside
constituted High Level Committee on Competition policy and law and,
after consultation with Trade and Industry Associations and general
public and after considering the suggestions decided to enact a law on
competition and, enacted the Competition Act.2002. The said Act seeks
to ensure fair competition in India by prohibiting trade practices
which cause appreciable adverse effect on competition on markets
within India and for the said purpose provided establishment of
quasi-judicial body to be called the Competition Commission of India
(CCI). Section 66 which deals with repeal and saving, and, provide for
dissolution of MRTP Commission has been brought into force. Subject
to the provision of sub-section (3) of section 66, all the cases
pertaining to unfair trade practices under trade practices other than
the cases referred to above are dealt with by the National Commission
constituted under the Consumer Protection Act, 1986 and, National
Commission shall dispose of the same as if the said cases were filed
under the Consumer Protection Act.

Monopolies and Restrictive Trade Practices Commission

at 2:32 PM Posted by Unknown

The Monopolies and Restrictive Trade Practices Commission (MRTP) was
set up specifically to prevent:

(i) monopolistic trade practices; and

(ii) restrictive and unfair trade practices.

The Commission's primary image is as a consumer protection
body. This is partly historical. Since the judicial system lacked
consumer protection laws at the time it was set up, it was found
convenient, in 1984, to add to its other provisions, viz. those
regarding unfair trade practices.

Restrictive and unfair trade practices, it is felt, distort
competition in the trade and industry and adversely affect consumer
interest. Where unfair trade practices are concerned, there is also
legislation, the Consumer Protection Act, 1986 which is independently
administered through the redressal machineries set up under it. This
does not, however, affect the scope and jurisdiction of the MRTP
Commission.

The Consumer Protection Act contemplates the establishment of
fora for redressal of grievances at district, state and national
levels; it thus provides more opportunities for consumers to file
complaints and to obtain quick remedies. Here, the procedure to be
followed in disposing of complaints is relatively simple. The Consumer
Protection Act does not , however, have any provision to grant a stay
as contemplated in Section 12-A of the MRTP Act. Moreover, the
consumer fora cannot pass cease and desist orders which can be passed
under the provisions of the MRTP.

The MRTP Commission has the jurisdiction to enquire into any
restrictive, unfair or monopolistic trade practices. Allegations of
restrictive or unfair trade practices can come from any of the
following four sources:

(i) a complaint from any trade association or from any consumer or a
registered consumer's association, whether such a consumer is a member
of that consumer's association or not;

(ii) complaints referred by the central or state governments;

(iii) applications by the Director General; or through the

(iv) commission's own knowledge or information.

The Commission has been granted powers to issue temporary
injunctions against companies indulging in restrictive trade
practices. The earlier provision contained a loophole that allowed
High Courts to prevent the exercise of this power if the MRTP had not
instituted an enquiry against the offending party. Under the
Amendment, an explanation has been added which allows notice to the
offender.

Property developers and chit funds have also been brought
within the purview of the Act. In the case of real estate developers,
MRTPC's jurisdiction has been conferred retrospectively so that
restrictive or unfair trade practices committed, say, ten years
earlier can also be brought under the scrutiny of the Commission. Over
the period of the last several years, since the regulatory provisions
on unfair trade practices were introduced in the MRTP Act, voluminous
case law has been built up in this field.

The proceedings before the commission are fully judicial and on a
question of law an appeal lies directly to the Supreme Court of India.
The method of institution of an enquiry is very similar to the normal
court proceedings and the procedure followed during investigation is
also fully in accordance with the rules of natural justice. The
procedure is prescribed by the detailed regulations. Oral arguments
are heard at length apart from written briefs. There is no pre-trial
procedure except that during the course of investigation by the
Director- General the complaint may be amicably settled in some cases.

The Commission has specifically been granted powers of contempt
of court if its orders are violated.

Customs and Excise Revenue Tribunal

at 12:38 PM Posted by Unknown

Parliament passed the Customs and Excise Revenue Appellate Tribunal Act in 1986 (CERAT). This Act was passed under Article 323B of the Constitution of India, which stipulates that the appropriate Legislature may, by law, provide for the adjudication or trial by Tribunals of any disputes, complaints or offences with regard to all or any of the matter specified in clause (2) of that Article with respect to which such Legislature has power to make laws. One of the matters enumerated in this clause is the levy, assessment, collection and enforcement of any tax including any matter incidental to that.

The basic differences between this Tribunal and Central Excise and Gold (Control) Appellate
Tribunal (CEGAT) are:

CERAT is set up under constitutional provisions while the CEGAT is a statutory body created under the respective Acts.

The President of CERAT has to be a judge of the High Court or someone who has held the office of the judicial member or technical member for at least two years. These are not the conditions for the appointment of the President and the members of CEGAT. The President and members of CERAT are appointed by the President of India but on the recommendation of the selection committee of which the Chairman is nominated by the Chief Justice of India and other members are nominated by the Central Government. The chairman has either to be a judge of the High Court or one who has been a judge or has (for at least two years) held the office of the judicial and technical member. The judicial member has to be one who is or has been a judge of the High Court or member of the legal service Grade I with at least five years' service.

Similarly, the technical member is one who has been a member of the Indian Customs and Excise Service for a period of 30 years and has held, during this period, the post of collector or a higher post for at least 10 years.

The term of the President is for three years or up to 65 years of age, whichever is earlier. The President or the member can't be removed from service except by the President of India on grounds of proved misbehaviour or incapacity after an enquiry made by the Judge of the Supreme Court. The President and members are not eligible after retirement for any appointment except that the members can become President. They can't also appear before CERAT or CEGAT after retirement.

The jurisdiction of CERAT is virtually the same as that of CEGAT except that it had no jurisdiction under the Gold Control Act which has now been replaced.

The procedure to be followed in filing appeals before CERAT is virtually the same as that for CEGAT. However, the detailed procedure in this regard has not been prescribed as so far CERAT has not come into force despite the fact that the Act was passed in 1986.

Like the High Court, CERAT has the power to commit for contempt of court. It is also not bound by the procedure laid down by the Civil Procedure Code, except for certain matters in which it has powers of the court under the Civil Procedure Code. CERAT has also powers to grant stay.

The most important difference between CEGAT and CERAT is that before CERAT, only legal practitioners can appear from both sides while before CEGAT even permanent employees of the appellant and consultants can appear.

CERAT has been mainly set up to exclude the jurisdiction of the courts. Normally, in courts, once the appellants have got a stay they forget about pursuing the case. Such cases remain pending before the High Courts for long period of time because of which government money gets blocked. It is hoped that the setting up of this Tribunal will improve things as there will be a bar on going to the High Court. Appeals from the order of CERAT lie only to the Supreme Court.

Appeals

at 3:07 PM Posted by Unknown

The Act does not provide for an appeal against its orders. While interfering with an order of the Administrative Tribunal under Articles 226 or 227 a High Court does not sit as an appellate court. The jurisdiction of the courts is limited to examine whether the Tribunal has taken into account all relevant aspects and, would interfere only if the Tribunal has overlooked material considerations, or is influenced by extraneous or immaterial considerations, or, the decision is arbitrary, capricious or is ultra-vires the statutory rules or is an abuse of the power vested in the Tribunal.

Members of the Tribunal

at 2:55 PM Posted by Unknown

The appointment of the Chairman, Vice-Chairman, and judicial and
administrative members both of the Central and State Administrative
Tribunals is made by the President of India after consultation with
the Chief Justice. The Chairman has to be a judge of the High Court or
one who has been judge or a vice-chairman for at least two years. This
ensures that persons manning these offices are in way inferior to the
High Court Judges, particularly when they virtually exercise the
powers wielded by such judges, deciding cases under Articles 226 and
227.

Disputes should be filed before the Bench within whose
jurisdiction the applicant is posted for the time being.

The Tribunal can summarily reject an application if it finds
that it has not been filed in accordance with the prescribed rules or
if it is not a fit case for adjudication or trial by it.

The Tribunal is not bound by the procedure laid down in the
Civil Procedure Code 1908, but is guided by the principles of natural
justice. It has the power to regulate conditions, including the fixing
of place and time of its enquiry and to decide whether to conduct its
proceedings in public or private. The Tribunal is enjoined to decide
every application made to it as expeditiously as possible.

The Tribunal has additional powers to:

(i) summon and enforce the attendance of any person and examine him on oath;

(ii) require the discovery and production of documents;

(iii) receive evidence on affidavits;

(iv) subject to the provision of Sections 123 and 124 of the Indian
Evidence Act, 1872 (1 of 1872), requisition any public record or
document or copy of such record or document from any office;

(v) issue commission s for the examination of witnesses or documents;

(vi) review its own decisions;

(vii) dismiss a representation for default or decide it ex-parte;

(viii) set aside any order of dismissal of any representation for
default or any order passed by it ex-parte; and

(ix) any other matter which may be prescribed by the Central Government.

The Tribunal has the power to review its decisions which may be filed
within 30 days and according to the rules prescribed.

The Tribunal also has power to rectify its orders in case of a
mistake apparent on the face of the record. It can punish for contempt
under the Contempt of Court Act 1971.

Central And State Administrative Tribunals And Other Tribunals

at 2:52 PM Posted by Unknown

The introduction of the 42nd Constitution Amendment Act, 1976 has added Article 323A to the Constitution of India. This takes the adjudication of disputes relating to the recruitment and conditions of service of persons appointed to public services or posts of the Union and of the states out of the hands of the Civil Courts and High Courts and put them into those of the Administrative Tribunals for the Union or for the States

Pursuant to this provision of Article 323A the Administrative Tribunal Act 1985 has been enacted by Parliament to set up a Central Administrative Tribunal (CAT)-with branches in specified cities- for meeting the above objective. CAT provides for the adjudication or trial by Administrative Tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or employees of the Union in any state or of any local or other authorities within the territory of India which is under the control of the Government of India or of any corporation or society owned or controlled by the Government and for matters connected therewith or incidental thereto.

The object of enacting the Administrative Tribunal Act was:

(i) torelieve congestion in the courts and

(ii) to provide for speedier disposal of disputes relating to service matters than can be done in the courts.

However, disputes relating to members of the defence forces, officers and servants of the Supreme Courts, and members of the secretarial staff of Parliament of any legislature of the state or Union Territory do not fall within the jurisdiction of these Tribunals.

The Administrative Tribunals Act, 1985 takes away the jurisdiction of a civil court to entertain a suit. The State Administrative Tribunals have been vested with all the jurisdiction, on and from the appointed day, with the powers and authority exercisable immediately before that day by all courts ( except the Supreme Court) in relation to:

(i) recruitment, and matters concerning recruitment, to any civil service of the state or to any civil post under the state;

(ii) all services of the state or any civil post under the state and pertaining to the service of such person in connection with the affairs of the state or any local or other authority under the control of the state government or of any corporation or society owned or controlled by the state government;

(iii) all service matters pertaining to service in connection with the affairs of the state concerning a person appointed to any service or post referred to in clause (ii), being a person whose services have been placed with any such local or other authority or corporation or society or other body controlled or owned by the state government.

The State Administrative Tribunals are meant for dispute in regard to state service and they cannot entertain any matter which is entertainable by the Central Administrative Tribunal.

These Tribunals cannot exercise any jurisdiction or power to entertain any petition:

(i) that questions are grounds of satisfaction of the President or the Governor of the state under clause (c) of the second proviso to Article 311(2); and /or

(ii) that goes into the merits of an administrative determination in the absence of malafides, arbitrariness, colourable exercise of power or exercise of power without jurisdiction or a finding without any evidence at all.

Tribunals

at 9:58 PM Posted by Unknown

Tribunals are similar to traditional courts in many aspects. Both are
constituted by the legislatures and are invested with specific
judicial powers. They have a permanent existence and are adjudicating
bodies. They deal with and finally decide disputes between parties
which are entrusted to them subject to them subject to appeals as
provided. As observed by the Supreme Court (in Associated Cement
Companies Ltd vs P N Sharma and Anr. Case – AIR 1965 S.C. 1595) the
basic and fundamental feature which is common to both the courts and
the tribunals is that they discharge judicial functions and exercise
judicial powers which inherently vest in a sovereign state.

But at the same time, tribunals are not, strictly speaking,
courts. They possess some, though not all, of the trappings of a
court. The distinctions can be summarised as follows:

(i) A court of law is a part of the traditional judicial system. While
judicial powers are derived from the state and the body deals with
justice, it is called a court. On the other hand, a tribunal is an
agency created by a statute and invested with judicial powers in
specific matters.

(ii) Judges of ordinary courts of law are independent of the executive
in respect of their tenure, terms and conditions of service, etc. On
the hand, tribunals are, to a great extent, in the hands of the
Government.

(iii) A court of law is generally presided by over by the officer
trained in law, but the President or a member of a tribunal may not
necessarily be trained in law.

(iv) In a court of law, a Judge must be an impartial arbiter and he
cannot decide a matter in which he is interested. On the other hand, a
tribunal may be a party to the dispute to be decided by it, such as
the Railway Rates Tribunal, the Monopolies Commission, etc.

(v) A court of law is bound by all the rules of evidence and procedure
but a tribunal is not strictly bound by those rules unless the
relevant statute imposes such an obligation.

(vi) A court must decide all questions objectively on the basis of the
evidence and materials produced before it, but a tribunal may also
take into account departmental policy or expediency, etc.

(vii) A court of law can decide the 'vires ' of a legislation while a
tribunal cannot do so.

TRIBUNALS AND COMMISSIONS

at 1:50 PM Posted by Unknown

Judicial and Quasi-Judicial Fora other than Courts

The doctrine of separation of powers has been deeply enshrined in our Constitution. Some five decades ago, when the Constitution was framed, the activities of the State were relatively few and limited. Since then, the State's activities have increased considerably and the Central and State Governments have also entered into commercial and other fields. The disputes between government employees regarding service conditions, transfers, promotions, appointments, etc. have also increased.

The framers of the Constitution could not have anticipated all these, which is why they limited themselves only to certain judicial fora to give relief to the citizens of the country. Perhaps, at the time, they felt that the existing courts of law were sufficient to meet the judicial aspirations of the people and deal with all types of disputes. It was, however, subsequently realised that ordinary courts of law, with their traditional and procedural limitations, were not adequate to meet the changed situation and solve the various problems that arose in the new socio-economic context. As a result of this, various tribunals are/were established which are not strictly courts in the traditional sense. But they entertain and decide a large number of disputes, following the proper legal procedure. Some of the reasons for setting up such courts and tribunals are as follows.

Why Tribunals rather than Courts

i. The traditional judicial system is inadequate to decide and settle all disputes that require adjudication. It is found to be slow, expensive, inexpert, complex and formalistic. In addition, it is grossly overburdened. There are many important matters such as disputes between employers and employees, lockouts, strikes, etc. which require speedy disposal, and which can be determined in other fora.

ii. Tribunals established in this way can take a functional rather than a theoretical and legalistic approach, and thus avoid technicalities. It may not be necessary for and procedure. They can take a practical view of the matter to decide even specialised and complex problems with expert knowledge.

iii. Many of the disputed questions are technical in nature. Within traditional judiciary it is difficult and cumbersome to deal with these, nor is the judiciary fully equipped to collect material on these and take speedy manned by experts who can deal with and solve such problems; for example problems relating to family disputes, gas, electricity, railway rates, monopolistic practices, consumer disputes, etc.

iv. Such tribunals do their work more expeditiously, inexpensively and efficiently than ordinary courts, as they possess greater technical knowledge. They are designed to pay more attention to the social interests involved in order to decide disputes with a conscious effort at furthering the policy of equitable settlement and social justice embodied in the legislation.

Central Law Agency Section

at 6:25 PM Posted by Unknown

The central and state governments and their agencies are today the biggest litigants causing maximum litigation in various courts and tribunals of India including the Supreme Court. Various state governments are represented in the Supreme Court by their own Advocate-on-Record and such persons are known as the standing Advocates of a particular state. States like Andhra Pradesh, Assam, Gujarat, Haryana, Maharashtra, Kerala, Punjab, Rajasthan, Tamil Nadu, Jammu and Kashmir , etc. have their own Advocates-on –record of their choice in the Supreme Court. The Central Government, other states and government organisations have a department under the Ministry of law, particularly known as the Central Agency in the Supreme Court where several qualified advocates are fully employed and associated to initiate, prosecute, or defend proceedings for and against the Central Government and its agencies and states.

Other law officers

at 5:35 PM Posted by Unknown

Apart from Attorney General, the other law officers are the Solicitor
General for India and Additional Solicitors General for India. The
duties of these officers are:

(i) to give advice to the Government of India upon such legal matters
and to perform such other duties of a legal character, as may from
time to time be referred or assigned to them by the Government of
India;

(ii) to appear, whenever required in the Supreme Court or in any High
Court on behalf of the Government of India in cases (including suits,
writ petitions, appeals and other proceedings) in which the Government
of India is concerned as a party or is otherwise interested;

(iii) to represent the Government of India in any reference made by
the President to the Supreme Court under Article 143 of the
Constitution of India; and

(iv) to discharge such other functions as are conferred on a law
officer by or under the constitution or any other law for the time
being in force.

To avoid any complication and conflict of
duty, a law officer is not allowed to:

(i) advise or hold briefs against the Government of India;

(ii) advise or hold briefs in a case in which he is likely to be
called upon to advise or appear for the Government of India;

(iii) defend accused persons in criminal prosecutions without the
permission of the Government of India; or

(iv) accept appointment as Director in any company or corporation
without the Government of India;

(v) in the event of a conflict between a corporation brief and a brief
of the Government of India in the Supreme Court, the law officer shall
give preference to the brief of the Government of India. These law
officers have their headquarters at New Delhi, but represent the
interest of the Government of India, public corporations, state
government in any High Court or other subordinate court as and when
required.

Attorney General - Law officers of the central government

at 4:59 PM Posted by Unknown

Article 76 of the Constitution makes provisions for the appointment of
a law officer, the Attorney General, by the President of India. It is
his duty to give advice to the Government of India on legal matters
and to perform such other duties of a legal character, as may from
time to time be referred or assigned to him by the President and to
discharge the functions conferred on him by or under this constitution
or any other law for the time being in force.

The Attorney General is the highest law officer in
the country and, in the performance of his duties, he has a right of
audience in all courts in the territory of India. The Attorney General
holds office during the pleasure of the President and receives such
remuneration as the President determines from time to time.

Another very important right under Article 88
is that the Attorney General has the right to speak (but not to vote)
in either House of Parliament or in any committee of which he may be
named as member and by virtue of his office, he is entitled to the
privileges of a Member of Parliament vide clause(4) of Article 105 of
the Constitution of India, which also confers similar privileges on
the Attorney General.

Under Order XLIII and rules of the Supreme Court
rules, the Attorney General is also entitled to receive notice in a
matter where the constitutionality of any of the provisions is
challenged in the court. In any reference under Article 143 of the
Constitution of India by the President of India to the Supreme Court,
he is also entitled to receive notice and to appear before it.

Enforcement of the Fundamental Rights-Article 32

at 4:32 PM Posted by Unknown

The Constitution of India, Part III, has guaranteed fundamental rights to all citizens and persons within this country. The guarantee of fundamental rights would have been meaningless without an accompanying guaranteed remedy for their protection. The framers of the Constitution have made such a provision in Article 32 and the Supreme Court has been made the custodian of fundamental rights. This Article declares that the right to move the Supreme Court by appropriate proceeding s for the enforcement of the fundamental rights conferred by Part III of the Constitution of India is guaranteed. The scope of the jurisdiction of the Court under this Article is very wide. Since the inauguration of the Constitution, petitioners from all walks of life have approached this court for protection and enforcement of their fundamental rights.

Jurisdiction conferred upon the Supreme Court by Article 32 is an important and integral part of the basic structure of the Constitution. The Supreme Court has always given protection to anyone claiming breach of any of his fundamental rights as guaranteed by the Constitution and has extended its power and long hands to protect any person/body whose fundamental rights are violated or are under threat of violation. The Court is the constituted protector and guarantor of fundamental rights.

Supreme Court of India-Article 124 Part V Chapter IV of the Constitution

at 4:10 PM Posted by Unknown

The Supreme Court of India is the successor of the Federal Court and
has inherited almost all its jurisdiction, as well as added more
powers. It also has the widest possible judicial jurisdiction.

The framers of the Constitution understood that the supremacy of law
is the only security for the maintenance of justice between human
beings; it is also the only security for the disciplined and orderly
growth of democracy. It was with this in mind that they assigned to
the Supreme Court a pivotal role. This role gave it the highest
authority and widest possible scope to vindicate the supremacy of law.
The Supreme Court was inaugurated on 28th January, 1950. It has

(i) exclusive jurisdiction in disputes between the Union and a unit or
between one unit and another (Article 131 of the Constitution);

(ii) exclusive jurisdiction with respect to matters arising out of
territories in India (Article 131 of the Constitution);

(iii) jurisdiction in respect of such other matters within the
competence of the Union as the Parliament may prescribe (Article
138);

(iv) jurisdiction for the purpose of enforcement of fundamental rights
guaranteed by the constitution (Article 32);

(v) general appellate jurisdiction similar to that which was enjoyed
by the Privy Council (Articles 132 and 133 of the Constitution);

(vi) special jurisdiction (similar to the prerogative of the Crown) to
entertain by special leave, appeals from any judgement, decree,
determination, sentence or order in any cause or matter passed or made
by any court or tribunal in the territory of India (Article 136);

(vii) advisory jurisdiction to hear reference from the President on
any question of law or facts (Article 143);

(viii) special jurisdiction to decide disputes relating to the
election of the President and the Vice-President of India (Article 71
of the Constitution of India and Presidential and Vice –Presidential
Elections Act, 1952), and to enquire into the misconduct of the
Chairman and the members of the Union Public Service
Commission.(Article 371).

With the setting up of the Supreme
Court there was, for the first time, a regular criminal appellate
jurisdiction to decide criminal appeals in a limited class of cases
(Article 134- the Privy Council exercised such jurisdiction only under
the prerogative of the crown by entertaining matters by special
leave).

In addition to the
Judicial independence it exercises, the Supreme Court has freedom from
administrative dependence. Certain special provisions have been made
in the Constitution, and the Chief Justice, by virtue of Article 146,
has been given the power to appoint the staff of the court, to lay
down the conditions of service of the said staff (without reference to
any outside authority except in regard to pension, salary and
allowances and leave, where consultation with the President is
stipulated) with a view to avoiding any inconsistency in the pay
structure of the staff of the Supreme Court and that of the
corresponding classes of other government servants. In order to avoid
parliamentary control over the expenses of the Supreme Court provision
has been made that the administrative expenses of the court be charged
to the consolidated fund of India. Parliament has control over judges
by way of the impeachment only.

The Supreme Court consists of one Chief Justice and 30
associate judges. The salary and perquisites of the Chief Justice of
India and puisne justices of the Supreme Court are fixed by the
constitution.

The Supreme Court of India has the original, appellate and
advisory jurisdictions. The original jurisdiction is used rarely,
though there are a few cases where it has been invoked and exercised.
There is another important jurisdiction of the Supreme Court, namely
entertainment of writs under Article 32 for the protection of
fundamental rights. This power has been widely exercised and its scope
was further enlarged recently by entertaining a type of litigation
commonly known as Public Interest Litigation.

The primary task of the Supreme Court is appellate. In
that capacity it serves as final arbiter in the construction of the
Constitutional provisions and it provides uniform interpretation of
law. It has complete power to do so. It can change its mind from case
to case. However, it attempts to adhere to precedent known as state
decisis. Under the stare decisis rule, a principle of law which has
been settled by a series of decisions, is generally binding on the
courts and should be followed in similar cases.

Appeals come to the Supreme Court from various
sources, that is, from High Courts and Tribunals, Special Tribunals,
etc.. However, Article 136 empowers the Supreme Court to entertain
special leave petitions from any order or judgement of any court,
tribunal or authority.

Once a decision is given, it becomes final; but
the Supreme Court does have the power to review its own decisions. The
procedure is provided in Order XL of the Supreme Court Rules, 1966.
Though the review is seldom granted, there are people who persist in
demanding one but they rarely, if ever succeed unless the review
petition serves to convince the judges who have passed the judgement
that they were wrong and the case merits the review.

By Article 141 of the Constitution of India the framers of the
Constitution has provided that " the law declared by the Supreme Court
shall be binding on all courts within the territory of India."

Article 141 has effect in addition to investing the decision of the
Supreme Court with binding force of creating a constitutional organ
whose declaration of law pronounced ex-cathedra shall be bindings on
all courts in the Republic. Under this Article it is necessary that a
pronouncement of the Supreme Court should be part of the ratio
decidendi ( reason or principle for deciding any particular issue or
issues) any judgement. The obiter dictum (statements or observations
not necessary for the decision) or a mere enunciation of law also
amounts to declaration of law under Article 141.

All proceedings in the Supreme Court are
conducted in English. English translations of all the documents are
required to be submitted. The Supreme Court has made rules regarding
translation of the documents to be relied upon in any proceedings
before the court. The seat of the Supreme Court is Delhi and the
proceedings are open to the public. Except for the Chamber judge who
sits singly, all matters are heard by benches of two or more judges.
Constitutional matters are heard by five judges and, in special cases,
larger benches consisting of more than five judges are constituted.

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