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Review Petition
In India, a binding decision of the Supreme Court/ High Court can be reviewed in Review Petition. The parties aggrieved on any order of the Supreme Court on any apparent error can file a review petition. Taking into consideration the principle of stare decisis, courts generally do not unsettle a decision, without a strong case. This provision regarding review is an exception to the legal principle of stare decisis. Article 137 of the Constitution provides that subject to provisions of any law and rule made under Article 145 the Supreme Court of India has the power to review any judgement pronounced (or order made) by it. Under Supreme Court Rules, 1966 such a petition needs to be filed within 30 days from the date of judgement or order. It is also recommended that the petition should be circulated without oral arguments to the same bench of judges that delivered the judgement (or order) sought to be reviewed. It is not necessary for the court to accept every review petition. C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of India
The Supreme Court of India ( IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters except for personal laws and interstate river disputes, and also has the power of judicial review. The Chief Justice of India is the Head and Chief Judge of the Supreme Court, which consists of a maximum of 34 judges, and has extensive powers in the form of original, appellate and advisory jurisdictions. New judges here are uniquely nominated by existing judges and other branches of government have neglible say as the court follows collegium system for appointments. As the apex and most powerful constitutional court in India, it takes up appeals primarily against verdicts of the High Courts of various states of the Union and other courts and tribunals. It is required to safeguard the fundamental rights of citizens and settles dispu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Courts Of India
The high courts of India are the highest courts of appellate jurisdiction in each state and union territory of India. However, a high court exercises its original civil and criminal jurisdiction only if the subordinate courts are not authorized by law to try such matters for lack of pecuniary, territorial jurisdiction. High courts may also enjoy original jurisdiction in certain matters, if so designated specially by the constitution, a state or union law. The work of most high courts primarily consists of appeals from lower courts and writ petitions in terms of Articles 226 and 227 of the constitution. Writ jurisdiction is also an original jurisdiction of a high court. Each state is divided into judicial districts presided over by a district and sessions judge. He is known as district judge when he presides over a civil case, and session's judge when he presides over a criminal case. He is the highest judicial authority below a high court judge. Below him, there are courts of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stare Decisis
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of India/Part V
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a ''written constitution''; if they are encompassed in a single comprehensive document, it is said to embody a ''codified constitution''. The Constitution of the United Kingdom is a notable example of an ''uncodified constitution''; it is instead written in numerous fundamental Acts of a legislature, court cases or treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of India
The Constitution of India ( IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest written national constitution in the world. It imparts constitutional supremacy (not parliamentary supremacy, since it was created by a constituent assembly rather than Parliament) and was adopted by its people with a declaration in its preamble. Parliament cannot override the constitution. It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950. The constitution replaced the Government of India Act 1935 as the country's fundamental governing document, and the Dominion of India became the Republic of India. To ensure constitutional autochthony, its framers repealed prior acts of the British parliam ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Curative Petition
The Curative Petition is the last chance available for the protection from the compensation of injustice in the court after the review petition is dismissed or has been exhausted. It is a concept that evolved by the Supreme Court of India in the matter of ''Rupa Ashok Hurra vs. Ashok Hurra and Anr.'' (2002) in which the question was whether an aggrieved person is entitled to any relief against the final judgement or order of the Supreme Court after the dismissal of a review petition. The Supreme Court held that to prevent abuse of its process and to cure gross miscarriage of justice, it may reconsider its judgements in exercise of its inherent powers. For that purpose, the court has devised what has been termed as a curative petition in which the petitioner is required to aver specifically that the grounds mentioned therein had been taken in the review petition filed earlier and that it was dismissed by circulation, which must be certified by a senior advocate. The curative petiti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Miscarriage Of Justice
A miscarriage of justice occurs when a grossly unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wrongful convictions. Innocent people have sometimes ended up in prison for years before their conviction has eventually been overturned. They may be exonerated if new evidence comes to light or it is determined that the police or prosecutor committed some kind of misconduct at the original trial. In some jurisdictions this leads to the payment of compensation. Academic studies have found that the main factors contributing to miscarriages of justice are: eyewitness misidentification; faulty forensic analysis; false confessions by vulnerable suspects; perjury and lies stated by witnesses; misconduct by police, prosecutors or judges; and/or ineffective assistance of counsel (e.g., inadequate defense strategies by the defendant's or respondent's legal team). So ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Govt Of India
The Government of India (ISO: ; often abbreviated as GoI), known as the Union Government or Central Government but often simply as the Centre, is the national government of the Republic of India, a federal democracy located in South Asia, consisting of 28 union states and eight union territories. Under the Constitution, there are three primary branches of government: the legislative, the executive and the judiciary, whose powers are vested in a bicameral Parliament, President, aided by the Council of Ministers, and the Supreme Court respectively. Through judicial evolution, the Parliament has lost its sovereignty as its amendments to the Constitution are subject to judicial intervention. Judicial appointments in India are unique in that the executive or legislature have negligible say. Etymology and history The Government of India Act 1833, passed by the British parliament, is the first such act of law with the epithet "Government of India". Basic structure Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
A Raja
Andimuthu Raja (born Sathyaseelan; 26 October 1963) is an Indian politician from Tamil Nadu, who serves as Member of Parliament for the Nilgiris constituency and deputy general secretary for the Dravida Munnetra Kazhagam. He was a member of the 15th Lok Sabha representing the Nilgiris constituency of Tamil Nadu and had been elected to house four times since 1996. Raja is an advocate by profession and he did his masters from Government Law College in Tiruchirappalli. Raja was first elected to Parliament as a member of Lok Sabha in 1996 from the Perambalur constituency and was reelected from the same constituency in 1999 and 2004 elections and from Nilgiris constituency in 2009. He was Minister of State for Rural development from 1996 to 2000, Minister of State, Health and Family Welfare from September 2000 to May 2004 and a cabinet minister for Environment and Forests from May 2004 to May 2007. He became the cabinet minister for Communication and Information Technology from Ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ministry Of Communications And Information Technology (India)
The Ministry of Communication and Information Technology was an Indian government ministry. It was bifurcated into Ministry of Communications and Ministry of Electronics and Information Technology in July 2016. It contained three departments viz. Department of Telecommunications, Department of Electronics and Information Technology (DeitY, now Ministry of Electronics and Information Technology) and Department of Posts. The following cadre controlling authority of the Civil Services (including Indian Telecommunication Service, Indian Postal Service, Indian Radio Regulatory Service, Telegraph Traffic Service, Indian Post & Telegraph Building Works Services and Indian Posts and Telegraphs Accounts and Finance Service) are under the administration and supervision of the Ministry of Communications and Information Technology. List of Ministers Following is the list of Ministers of Communications. References External links * {{authority control India ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
MTS India
Mobile TeleSystems India (MTS India) was a telecommunications company headquartered in Delhi, India. It was a joint venture and Indian subsidiary of the Russian mobile operator MTS. The company provided wireless voice, broadband Internet, messaging and data services in India. MTS India was acquired by Reliance Communications (RCom) on 14 January 2016 in an all stock deal, in which SSTL received a 10% share in RCom. SSTL was merged into RCom on 31 October 2017. History Sistema, the largest public diversified corporation in Russia, acquired a 10% stake in Shyam Telelink for a total cash consideration of US$11.4 million at the end of September 2007. Shantanu Telecom along with their partner Sistema had applied for UASL licence in 22 telecom circles of India. In August 2008, they got a pan-India start-up spectrum to start their mobile service operations in the country. They provide mobile services based on CDMA technology under the brand name MTS India and gave contracts to ZTE an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Government Of India
The Government of India (ISO: ; often abbreviated as GoI), known as the Union Government or Central Government but often simply as the Centre, is the national government of the Republic of India, a federal democracy located in South Asia, consisting of 28 union states and eight union territories. Under the Constitution, there are three primary branches of government: the legislative, the executive and the judiciary, whose powers are vested in a bicameral Parliament, President, aided by the Council of Ministers, and the Supreme Court respectively. Through judicial evolution, the Parliament has lost its sovereignty as its amendments to the Constitution are subject to judicial intervention. Judicial appointments in India are unique in that the executive or legislature have negligible say. Etymology and history The Government of India Act 1833, passed by the British parliament, is the first such act of law with the epithet "Government of India". Basic structure Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
