Powers of the Supreme Court of India

The Supreme Court was established on January 28, 1950, two days after India became a Sovereign Democratic Republic. The Supreme Court was inaugurated at the Parliament building's Chamber of Princes, which also houses India's Parliament and incorporates the Council of States and the House of the People. The Supreme Court of India is the most powerful common law court in the legal system. The Indian Constitution established the Supreme Court in 1950 with eight judges. The size and structure of the Supreme Court has evolved drastically over time, and curre...

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Advisory jurisdiction of Supreme Court – Article 143 of the Indian Constitution

The Supreme Court of India is the country's apex court, with extensive judicial powers and jurisdiction over all types of cases. The Supreme Court functions as a superior bench of the high courts and tribunals in the country. A person aggrieved by an order of a lower court (i.e., high courts) can file an appeal against such an order to the Supreme Court of India. The Supreme Court functions under its various jurisdictional powers. Here, we discuss specifically the advisory jurisdiction of the Supreme Court. A person is entitled to seek redressal or rem...

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Who is an Advocate on Record?

India's legal system is a pyramid structure; the supreme court is the highest court of the country —the highest court of appeal and the court of last decision. The Supreme Court established the Advocate on Record (AOR) system in Rule 2, Rule 4, and Rule 6 of the Supreme Court Rules 1966. An Advocate on Record is entitled to practice in the Supreme Court. The distinction between an advocate's expertise and knowledge. According to Supreme Court Rules 2013, an AOR needs to file or argue on behalf of the parties in the Supreme Court. An advocate must be ...

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Appellate Authority | Introduction to Appeals

The appellate authority is the body or organisation that deals with addressing appeals against the orders or actions of the subordinate administrative body. An appellate authority checks the decisions by the subordinate authorities to protect the interest of the parties to a dispute. The appellate authority acts as a guardian with supreme decision-making capabilities, thus preventing the parties from being exploited or getting one party unjust benefits. Appeals to Appellate Authority A Central Public Information Officer (CPIO) is appointed as a public...

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What is civil litigation | What role does it play?

Civil law is a body of rules and regulations developed for resolving conflicts that are not criminal. The Code of Civil Procedure, 1908 (CPC), is a procedural law governing the conduct of civil proceedings in India. Civil litigation is the filing and subsequent application of a civil lawsuit that is implemented for resolving a non-criminal dispute. The following is a guideline on civil litigation and its importance. What is civil litigation? Civil litigation is the resolution of civil disputes in a court of law. Civil disputes may include disputes reg...

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What is civil litigation | What role does it play?

Civil law is a body of rules and regulations developed for resolving conflicts that are not criminal. The Code of Civil Procedure, 1908 (CPC), is a procedural law governing the conduct of civil proceedings in India. Civil litigation is the filing and subsequent application of a civil lawsuit that is implemented for resolving a non-criminal dispute. The following is a guideline on civil litigation and its importance. What is civil litigation? Civil litigation is the resolution of civil disputes in a court of law. Civil disputes may include disputes reg...

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Final Appeal: Civil law in India- A Check To Lower Court’s Ruling

Any request to a court by a party seeking to set aside or overturn a lower court's ruling is an appeal. An appeal in its true sense is defined as the complaint to a superior court for an injustice done or error committed by a lower court. In this case, the lower court is asked to correct or overturn a ruling or a decision. Reversing the lower court's decree is a statutory remedy. Grounds of an Appeal The following grounds may be used to file an appeal under the civil procedure code: A judicial or administrative authority has already made a decis...

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SUPREME COURT: A COURT OF RECORD AND ITS POWER

The Supreme Court, the apex court of India, acts as an appellate court whose decision is binding on all other courts (i.e., District courts or High courts) of India. It also acts as a court of record under Article 129 of the constitution of India. The Supreme Court is a court whose powers and proceedings are the reference for perpetuity and testimony. These records are of high evidentiary value and cannot be brought into question when presented before any other court. A court of record can punish and imprison for any offence, including the power to pun...

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Appellate: A Second Shot At Justice

Humans are fallible. Despite best efforts and the provisions ensuring a fair trial and justice, mistakes and errors cannot be ruled out completely. Therefore, the Uniform Civil Code provides for the appeals to enable superior courts to review, revise, and correct judgements given by the lower court. The Supreme Court gets the appellate and advisory jurisdiction. Appeals are not only a curative device but also provide aggrieved parties with a legal pathway for the redressal of justice. Judgements delivered by the lower courts are thoroughly scrutinised ...

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