Supreme Court

Ans: The election of a particular candidate can be declared void under section 100 of the Representation of  People Act, 1951, if the High Court is of the opinion that - a) On the date of the election of returned candidate, a returned candidate was not qualified or was disqualified to be chosen to fill the seat. b) Any corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election agent. c) By improper acceptance of any nomination. d) By any improper reception, refusal or rejection of any vote or the reception of any vote which is void. e) By any non-compliance with the provisions of the Constitution or RPA or any rules or orders made under this act.

Ans: When a petition is lodged against an election return, there are 4 possible outcomes: The election is declared void. The result of an election is quashed and a writ is issued for a new election. The election is held to have been undue which means that the original return is quashed, and another candidate is declared to have been elected. The election is upheld, and the member returned is found to have been duly elected. The petition is withdrawn. This may occur when the petitioner fails to attend a hearing, or when parliament is dissolved before the petition process is complete.

Ans: Election petitions are filed in the High Court of the particular state in which the election was conducted.  Therefore, only the High Courts have the original jurisdiction on deciding on election petitions. Such  jurisdiction shall be exercised ordinarily by the Single Judge of the High Court and Chief Justice shall  from time to time assign one or more Judges for that purpose. For the parliamentary election,  election petition  is filed in Supreme Court.  

Ans: An election petition calling in a question, an election can be filed within the time period of 45 days from the date of declaration of results. 

Ans: An election petition refers to the procedure for challenging the result of a Parliamentary election, assembly or local election. 

Ans: According to section 406 of civil procedure code, no matter can not be only transferred because the party does not understand the language of court. The Supreme Court held that the party can understand the language of court with the help of translator available in court.

Ans: Article 12 of Indian Constitution mentions about the state. The state includes Central Government,  State Government , Municipality, etc. The concept of P.I.L was taken from USA in 1980. The purpose of P.I.L is to protect human rights and for the  benefit of public at large. In PIL, the individual interest of human is never considered. The purpose of P.I.L is to maintain rule of law in society. Justice P. N. bhagwati and Justice Krishna Iyer was the founder of P.I.L.

Ans: If the Public Interest Litigation is filed in Supreme Court, there must be 5 copies of Public Interest Litigation while filing Public Interest Litigation in Supreme Court whereas there must be two copies of Public Interest Litigation while filing Public Interest Litigation in High Court. The fees of PIL is Rs 50 and can be nil depending on the court. It is on the discretion of court to admit PIL. If a person files PIL and it wastes time of court, the court can impose fine on that person.

Ans: Any person can file the personal interest litigation in Supreme Court related to matters of public at large. The public interest litigation can not be filed for private matters. PIL can be filed under Article 32 of Indian Constitution in Supreme Court and under Article 226 of Indian Constitution in High Court. Under section 133 of Cr.P.C, a Magistrate also has the power to order in the matters of public welfare. A person can directly go in Supreme Court for public interest litigation but the matter must have great importance. Whenever there is an infringement of human rights or there is violation of constitutional rights, the public interest litigation is filed. The PIL can be filed in Court through an advocate or counsel or can also be filed by sending the issue through post to court. If court finds it suitable,  the court can take the cognizance of the issue.

Ans: The public interest litigation can be filed in both High Court and Supreme Court.  Public Interest Litigation  can be filed under Article 32 of Indian Constitution in Supreme Court and under Article 226 of Indian Constitution in High Court. x

Ans: Whenever any petition is filed for the welfare of citizens of country will be the public interest litigation. E.g. Child marriage,  violence against women are all matters that affect the well- being of people of India and all such matters are public interest litigation.

Ans: The right to approach the Supreme Court for enforcement of any of the rights mentioned in the Part llI of the Constitution is protected under Article 32 of the Constitution. Any person, whose fundamental rights have been infringed, is at the liberty to move the Supreme Court for enforcement of the rights concerned. Further the Supreme Court has the powers to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement of any of the fundamental rights conferred. The Writ Petition seeking afore-mentioned remedies can be preferred to the Supreme Court in the procedure prescribed under Order XXXVIll of the Supreme Court Rules, 2013. No Court-fees is payable on petitions for habeas corpus or other petitions under Article 32 of the Constitution arising out of criminal proceedings, or in proceedings connected with such petition.

Ans: However, Article 131 is subjected to the provisions of the Constitution. Article 262 enables the Parliament to make law for adjudication of disputes or complaints with respect to use, distribution or controls of water of, or in, any inter-state river or river valley. Further, the article also authorises the Parliament to provide by law excluding the jurisdiction of Supreme Court or any other Court in respect of a dispute or complaint as is referred to in Article 262 (1).Therefore, instances wherein the Parliament has enacted a law in accordance with Article 262 cannot be contested before the Supreme Court of India. Article 131 of the Indian Constitution is subjected to two types of limitations. The first limitation is in regards with the parties and the second limitation is in regards with the subject matter. As mentioned earlier, only disputes wherein the parties concerned are Government of India and / or one or more States. The second limitation flows from the language of the ar...

Ans: Another distinguishing feature of Article 131 of Indian Constitution is that the Court is not required to take the same path as ordinary courts of law normally take for upholding the rights of the parties and enforcement of the orders and decisions. The words in the article, "if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of legal rights" imply that the disputes should concern the legal rights and should not be politically motivated. Further, once the Court arrives at the conclusion on the dispute and adjudicates on facts or points of law raised the role of Apex Court is fundamentally completed.

Ans: Article 131 of the Indian Constitution provides that the Supreme Court has original jurisdiction in any dispute in following matters:  I. Between the Government of India and one or more States; or II. Between the Government of India and any State; or States on one side and one or more other States on the other; or III. Between two or more States The Supreme Court does not have the jurisdiction in dispute arising out of any treaty, agreement, covenant, engagement, sanad or other similar instrument which, having been entered into or executed before the commencement of this Constitution, continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute (e.g. Water Dispute). The framers of the Constitution intended that only the constituent units of the Union of India and the Government of India and / or one or more States can be parties to the Court in matters pertaining to Article 131. However, the term State does not...

Ans: Listing of fresh matters in Supreme Court: Fresh matters registered between Monday to Wednesday are due to be listed on next to next Monday, and those registered between Thursday to Saturday are due to be listed on next to next Friday. Fresh matters, where the Accused is under custody and Habeas Corpus Petitions, registered between Monday to Wednesday are due to be listed on next Monday; and those registered between Thursday to Saturday are due to be listed on next Friday. In case of Jail Petitions / Appeals, where the Accused is under custody, are generally processed within a week and are due to be listed two weeks thereafter, such that sufficient time is given to the Amicus Curiae to prepare the case. In cases where the matters has been filed personally by the person concerned and not through an advocate, dates are manually given to the Petitioner/ Appellant on registration the matter. If the person concerned is not present at the time, the date is informed by a registe...

Ans: The matters that are to be filed at the Supreme Court are divided into 47 categories that are further divided into many sub-categories. Every fresh matter is categorized under these subject categories. Further, every subject category has been assigned to one or more judges. Fresh matters are allocated as per these subject categories by the computer; subject the order of Hon'ble Chief Justice of India.

Ans: Every other certificate for which a fee is not specially provided : Rs 3. Commission to examine witnesses or other commission : Rs 10. Production by an officer of the court in any other court or before a commissioner, of records of any suit, matter or appeal, exclusive of traveling expenses- Rs 10. Production of records by post, exclusive of postage, registration and insurance fees: Rs 5. Every Search or examination of records: Rs 3. Every affidavit affirmed or sworn: Rs 2. Every exemplification of decree or other documents in addition to folio and other charges ( certification): Rs 10. Certificate on review of taxation: Rs 10. For every certificate of funds in court: Rs 8. Registering a clerk of an advocate or a firm of advocates: Rs 5.

Ans:  Summons or notice to defendent or his representatives or a respondent to a petition or to a memorandum of appeal,  for each person  - the court fee is Rs 10. Entering appearance (memo of appearance) - Rs 5. Vakalatnama - Rs 10. Filing fee for every document for which a fee is not specially provided, including documents annexed thereto as exhibits,  if any , or produced with plaint for use in evidence,  each document. : The court fee is Rs 2. Every application to the court not specially provided for: Rs 100. Every application to the court by notice of motion where an ad interim ex-parte order is prayed for- Rs 200. Warrant Writ, Summons or other process not specially provided for each person- Rs 10.

Court fee of Supreme Court in following matters:  1. Written Statement: Court fee is Rs 500. 2. Set-off or counter claim: Court fee is Rs 500. 3. Reply to counter claim: Court fee is Rs 500. 4. Lodging of statement of case or caveat: Court fee is Rs 500.

Ans: Further, no court fee is prescribed for the following matters: 1. References 2. Criminal Matters( SLP/ Appeal/ WPs/ TPs / etc. 3. Matters filed by Supreme Court legal aid committee 4. Matters filed by Indigent persons 5. Contempt petitions filed under rules to regulate proceedings for contempt of Supreme Court.

Ans: The prescribed period of limitation of curative petition is NIL and prescribed court fee is same as on review period.

Ans: The matters of Supreme Court for which no court fee is prescribed are as follows:  1. References 2. Criminal Matters( SLP/ Appeal/ WPs/ TPs / etc. 3. Matters filed by Supreme Court legal aid committee. 4. Matters filed by Indigent persons. 5. Contempt petitions filed under rules to regulate proceedings for contempt of Supreme Court.

Ans: The prescribed period of limitation of appeal under section 53 T of the Competition act, 2002 is 60 days from the date of decision and prescribed court fee is Rs 250.

Ans: The prescribed limitation period of appeal under section 18 of telecom regularity authority of India Act,  1997 is 90 days from the date of decision and prescribed court fee is Rs 250 if the value of subject matter is upto Rs 20000 and Rs 5 per thousand for every additional value of Rs 1000 or part thereof in excess of Rs 20000 subject to maximum of Rs 2000.

Ans: The prescribed limitation period of appeal under section 18 of telecom regularity authority of India Act,  1997 is 90 days from the date of decision and Rs 250 if the value of subject matter is upto Rs 20000 and Rs 5 per thousand for every additional value of Rs 1000 or part thereof in excess of Rs 20000 subject to maximum of Rs 2000.

Ans: The prescribed period of limitation of appeal under section 19(1)(b) of contempt of Courts act, 1971 is 60 days from the date of order and prescribed court fee is NIL in Supreme Court. 

 Ans: The prescribed period of limitation of appeal under section 261 of Income Tax Act, 1961 is 60 days from the date of judgement delivered by the High Court certifying it to be a fit case for appeal to Supreme Court and prescribed court fee  is Rs 250 if the value of subject matter is upto Rs 20,000 and Rs 5 per thousand for every additional value of Rs 1000 or part thereof in excess of Rs 20000 subject to maximum of Rs 2000. 

 Ans: The prescribed period of limitation of appeal under section 35 L of Central Excise and Salt Act, 1944 is 60 days from the date of order passed by the High Court certifying the case to be a fit case for appeal to Supreme Court or order passed by CESTAT and the prescribed court fee is Rs 250 if the value of subject matter is upto Rs 20,000 and Rs 5 per thousand for every additional value of Rs 1000 or part thereof in excess of Rs 20000 subject to maximum of Rs 2000. 

Ans: The prescribed limitation period of Appeal under section 130 E of the customs act, 1962 is 60 days from the date of order passed by the High Court certifying the case to be fit case for appeal to Supreme Court or order passed by CESTAT and prescribed court fee is Rs 250 if the value of subject matter is upto Rs 20,000 and Rs 5 per thousand for every additional value of Rs 1000 or part thereof in excess of Rs 20000 subject to maximum of Rs 2000.

Ans: The prescribed period of limitation of appeal under section 55 of MRTP Act, 1969 is 60 days from the date of communication of the decision or the order and the prescribed court fee is Rs 250. 

Ans: The prescribed period of limitation in appeal under Section 116A  of the Representation of the People Act, 1951 is 30 days from the date of order and prescribed court fee is Rs. 250/. 

Ans: The prescribed period of limitation for an appeal under section 23 of consumer protection act, 1986 is 30 days from the date of impunged order and prescribed court fee is Rs 250 in Supreme Court.

Ans: The prescribed period of limitation of appeal under section 38 of an advocates act, 1961 is 60 days from the date of communication of order and prescribed court fee is Rs 10 .

Ans: The prescribed period of limitation of appeal under section 10 of the special court(trial of the offences relating to transactions in securities), act 1992 is 30 days from the date of order and prescribed court fee is Nil ( in Criminal Appeal) and Rs 250( in Civil Appeal) in Supreme Court. 

Ans: The prescribed period of limitation for appeal under section 2 of Supreme Court (Enlargement of Criminal Appellate Jurisdiction, Act 1970 ) is 60 days from the date of order and prescribed court fee is Nil.   

Ans: The prescribed limitation period of Civil Appeal by certificate of fitness (under Article 132 (1) and Article 133(1) of Constitution of India, 1950 ) in Supreme Court is 60 days from the date of granting certificate and prescribed court fee is Rs 250 if the value of subject matter is upto Rs 25000 and and Rs 5 per thousand for every additional value of Rs 1000 or part thereof in excess of Rs 20000 subject to maximum of Rs 2000. 

Ans: The prescribed period of limitation of Criminal Appeal by certificate of fitness (under Article 132 (1) and Article 134 of Constitution of India, 1950 is 60 days from the date of order granting certificate and prescribed court fee is Nil. 

Ans:  SLP can be filed against any judgment of High Court within 90 days from the date of judgement ; or SLP can be filed within 60 days against the order of the High Court refusing to grant the certificate of fitness for appeal to Supreme Court. The prescribed court fee is Nil. 

Ans: The prescribed period of limitation in Special Leave Petition (Civil) is 90 days from the date of impugned order. If the limitation is claimed from the date of refusal of certificate of fitness of appeal , then 60 days from the date of refusal. The prescribed court fee is Rs 250. 

Ans: The prescribed period of limitation in Original Suit is as per limitation act and prescribed court fee is Rs 250. 

Ans: An appeal shall lie to the Supreme Court on any question (whether of law and fact) from every order made by a High Court. The prescribed period of limitation for election petition is 30 days from the date of publication of declaration of name of the returned candidate and prescribed court fee is Rs 250 along with security deposit of Rs 20,000 in Supreme Court. 

Ans: There are no court fee and period of limitation for Transfer Petition (Criminal) in Supreme Court. 

Ans: There is no prescribed period of limitation for transfer petition (Civil) and there is court fee of Rs 10 per matter sought to be transferred in Supreme Court. 

Ans: Transfer Petition in Supreme Court can be filed in both Civil and Criminal matters. When the matter is to be transferred from one Court of State to another Court of different state, then a person has to approach Hon’ble Supreme Court. Civil matter comes under Sec 25 CPC and Criminal matter is transferred under sec 406 Crpc. Section 25 CPC mentions that if a person has strong grounds to transfer the civil case from one Court of State to another Court of state, then a person can simply file a transfer petition to Hon’ble Supreme Court. A person will have to clearly state the grounds in the petition.  In Section 406 Crpc also, a person can simply file a transfer petition to Hon’ble Supreme Court in order to transfer the criminal case from one state to another. According to Article 139A of the Indian Constitution , the Supreme Court has the authority to transfer cases from one court to another in order to ensure that cases are handled efficiently and justly.