April 14, 2013
Article 133 of the constitution provides that an appeal shall lie to the supreme court from any judgment, decree of final order in a civil proceeding of a high court only if the high court certifies [under Article 134-a]:- (a) that the case involves a substantial question of law of general importance; and (b) that ..
April 14, 2013
An appeal lies to the Supreme Court without the certificate of the high court if the High Court: —- (a) has an appeal reversed an order of acquittal of an accused person and sentenced him to death; (b) has withdrawn for trial before itself any case from any court subordinate to it authority and has ..
April 14, 2013
The object of the new Article 134-A the high court can grant a certificate for appeal to the supreme court under Article 132 either on its own motion or on oral application of the aggrieved party immediately after passing the judgment, decree of final order. Prior to this, the high court could do so only ..
April 14, 2013
The Supreme Court has original jurisdiction in any dispute: (a) between the Government of India and one or more states; (b) between the Government of India and any state or states on one side and one or more other states on the other; (c) between two or more states.
April 14, 2013
Article 129 of the constitution makes the Supreme Court a court of record. A court of record is a court whose records are admitted to be of evidentiary value and they are not to be questioned when they are produced before the court. Once a court is made a court of record, its power to ..
April 14, 2013
A judge may be removed from his office by an order of the president only on grounds of proved misbehavior or incapacity. The order of the president can only be passed after it has been addressed to both houses of parliament in the same session. The address must be supported by a majority of not ..
April 14, 2013
The Supreme Court is a multi-jurisdictional Court and may be regarded as the most powerful Apex Court in the World. The Constitution confers very broad jurisdiction on the Court. The jurisdiction of the Court may be put under the following heads: (i)The court has power to commit a person for its contempt (Article 129). (ii)The ..
April 14, 2013
In re presidential reference, the court held that the sole individual opinion of the chief justice of India does not constitute ‘consultation’ within the meaning of the Articles 217 (1) and 222 (1). The majority held that in regard to the appointment of judges to the supreme court under Article 124 (2), the chief justice ..