Table of Contents
How are cases allocated to judges?
In the Supreme Court , courts are numbered 1 to 12 and assigned to judges based on their seniority. They had alleged that the CJI was selectively assigning cases to benches of preferences, ignoring seniority of judges. As per the new system, cases would be allocated based on the subject matter they entail.
What is a final decision called in a court case?
judgment – The official decision of a court finally determining the respective rights and claims of the parties to a suit. jurisdiction – (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case.
When should a writ of certiorari be used?
A case cannot, as a matter of right, be appealed to the U.S. Supreme Court. As such, a party seeking to appeal to the Supreme Court from a lower court decision must file a writ of certiorari. In the Supreme Court, if four Justices agree to review the case, then the Court will hear the case.
Who assigns cases to Judges of Supreme Court of India?
the President
The Chief Justice of India and the Judges of the Supreme Court are appointed by the President under clause (2) of Article 124 of the Constitution. CHIEF JUSTICE OF INDIA : 2. Appointment to the office of the Chief Justice of India should be of the seniormost Judge of the Supreme Court considered fit to hold the office.
What are miscellaneous cases?
Miscellaneous cases are essentially preliminary applications that seek the court’s permission to file a case before the SC. This permission is needed because the SC in not an ordinary court of appeal. The high courts are the final arbiters in civil and criminal cases.
What does case Denied mean?
To refuse to acknowledge something; to disclaim connection with or responsibility for an action or statement. To deny someone of a legal right is to deprive him or her of that right. A denial is a part of a legal Pleading that refutes the facts set forth by the opposing side.
Is the Supreme Court binding on all courts in India?
Binding on all courts: The words ‘binding on all courts in India’ though wide enough to include the Supreme Court, do not include the Supreme Court itself, as it is not bound by its own judgments but is free to re-consider them in appropriate cases.
How to vacate a default judgment in Indiana Small Claims Court?
Small Claims Rule 10. If more than one (1) year has passed, the Defendant may still file an action to vacate the default judgment but must do so only by strictly following Trial Rule 60 (B) of the Indiana Rules of Trial Procedure. This can be a complicated procedure for which it would be best to speak with a lawyer.
How does a limited jurisdiction court process a criminal case?
Limited jurisdiction courts usually process criminal cases as follows: 1. Initial Appearance – This is the defendant’s first appearance in court, and the defendant is advised of the charges. The judge appoints an attorney if the defendant cannot afford one. 2. Arraignment – The defendant appears in court to enter a plea of guilty or not guilty.
What happens if you appeal a decision in Small Claims Court?
Appeals – Appeals from decisions of limited jurisdiction courts go to superior court. An appeal may be heard as a new trial (a trial de novo), or the superior court judge may review records of trial proceedings if records have been kept. Decisions made in small claims court cannot be appealed.