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COURT CASES

GENERAL WORDS OF LAW


ABETTOR : One who induces another to commit a crime and participate by action or by his presence in its commission. ACQUITTAL: The verdict of a jury declaring a person indicted and tried to be not guilty. ADJUDGE : To render a judicial decision, to determine a controversy, to make a judicial determination. ADJUDICATION : A judgment determining various rights in the subject matter of a proceeding in equity. In bankruptcy, the determination that a debtor is bankrupt, i.e, has a status which subjects him and his property to special restrictions.

AFFIDAVIT: A sworn statement in writing sworn to before a notary or other officer entitled to administer oaths or to acknowledgements. Affidavit included affirmation and declaration in the case of persons by law allowed to affirm declare instead of swearing. AFFIRMATION : A solemn statement which omits any religious reference and is by statute made equivalent to an oath. The falsity of an affirmation is perjury. BIGAMY : The Crime committed by a person already married and undivorced, whose spouse is living and who goes through a marriage ceremony with somebody else. The term properly means a second marriage but is applied to any number of such invalid unions.
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CONTEMNER of Court.

: A person who commits a contempt

CONTEMPT OF COURT : Disobedience of a lawful order of a court in a matter over which it has jurisdiction. DIGAMY : In cannon law a valid second marriage after the first one has ended by death or annulment. PAROLE : The release of a person from prison subject to his compliance with specified conditions, and upon the violation of which he may be recommitted to prison.
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POLYGAMY : Marriage of one man to several wives at the same time. RESJUDICATE : The decided thing. RES ADJUDICATA : The decided thing. Less correct expression, occasionally used for resjudicata. RULE NISI : In the older practice, an order obtained exparte to show cause why it should not be set aside. The rule will made absolute i.e., the relief granted will be affirmed, unless /nisi sufficient cause is shown to set it aside, if such cause is shown, the rule will be discharged.

SENTENCE : The judgement of a court in a criminal case after a plea of guilty or the verdict of guilty. SINE DIE : Without day. The phrase used when a body of men adjourns Permanently, i.e., without setting a date for reassembly; or when a cause of action is dismissed against a defendant who then goes without a day set for his appearance. SUB-JUDICE : Before a judge; in litigation. A general term used to describe the fact that an issue is before a court for its determination.

WHEREAS : An introductory word proceeding a recital of facts. In leadings, it may not be used to make positive allegations of fact. MODUS OPERANDI operation. : The manner or way of

MORAL TURPITUDE : An Act of moral turpitude is one which is dishonest, depraved, base or vile and contrary to good morals. INFRINGEMENT : The breach of any law. Unlicensed use of copyright publication or a attended article or the attempt to market a publication. Infringement can be prosecuted by injuction.
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INTER ALIA INTER VIVOS

: Among other things : Between living persons.

JEOPARDY : Danger. It is especially applied to the danger of being convicted of a crime.

SELECTED IMPORTANT LAW TERMS AND PHRASES


BENAMI : A sale or purchase made in the name of some other than the actual vendor or purchaser. CAVEAT : An intimation made to the proper officer of a court of justice to prevent the taking of any step without intimation to the party interested to appear and object to it. A process to stop the institution of a person, and more frequently to stay the probate of a will, the issue of letters of administration, a license of marriage, etc.,. The person filing or entering a caveat is called the caveator.

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CRIMINAL TRESPASS: Whoever enters into or upon property in possession of another with intent to commit an offence, or to intimidate, insult or annoy any person in possession of such property or having lawfully, entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit criminal trespass. HOSTILE WITNESS : A witness who so conducts himself under examination in chief that the party who has called him is allowed to cross-examine him and to treat him as though he had been called by the opposite party.

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INTERLOCUTORY INJUCTION : An injunction granted for the purpose of keeping matters in status quo until a decision is given on the merits of the case. PREJUIDCE : Prejudging a matter.

PROSECUTION : The proceeding with, or following up, and matter in hand. The proceeding with any suit or action of law. A proceeding either by way of indictment or information, in the criminal courts, or order to put an offender upon his trail. RESJUDICATA : A matter or thing which has been adjudicated upon.
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RESTITUTION: (Restitution) The restoring of any thing unjustly taken from another. SEDITION : Sedition consists in attempts made, by meetings or speeches, or by publications, to disturb the tranquility of the State, which do not amount to treason. MANDATORY INJUNCTION : An injunction ordering some positive act, whether or not it be expressed in a negative form i.e the pulling down of a house erected after plaintiff had given notice of his right of way and after he had commenced his action for an injunction, damages would be no equivalent in such a case.
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SELECTED FOREIGN WORDS AND MAXIMS OF LAW ADJOURN SINE DIE : Adjournment to a date that is not at the present moment fixed. ALIBI: Elsewhere. It is defense resorted to where the party accused, in order to prove that he could not have committed the crime with which he is charged, offers evidence that he was in a different place at the time the offence was committed.

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MANDAMUS: The word mandamus literally mean a command. The order of mandamus is an order of a most extensive remedial nature and is, in form a command issuing from the High Court of Justice directed to any person corporation. The Supreme Court can issue mandamus under Article 32. ONUS : The Onus Probandi or burden of proof lies on the party who substantially asserts the affirmative of the issue. RESJUDICATE : The rule of resjudicate enacted in Sec.11 of the CPC is based on the principle that a decision once rendered by a competent court on matter in issue between the parties after a full enquiry should not be permitted to be agitated over again.
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ULTRA VIRES : Beyond the scope, power or authority of any Company, Corporation or statutory body. LOCUS IN QUO : (The place in which) The place where it is alleged a thing has been done or happened. LOCUS STANDI : The right of a party to an action to appear and be Heard on the questions of any Tribunal.

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DEFINITION OF AFFIDAVIT AND IMPORTANT POINTS/PROCEEDURE TO BE ADOPTED WHILE DRAFTING AFFIDAVIT. An affidavit is a declaration as to facts made in writing and sworn before a person having authority to administer oath. Affidavit includes affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing. The test of an affidavit may reflect the personal knowledge of the deponent touching the facts or it may be drawn on the strength of information passed on from authentic source having credibility. Next, the contents may reflect the knowledge of the deponent with reference to records. Finally, the Affidavit is to be sworned to by a person having authority to administer the oath giving the date of swearing and the designation of the person, before whom it is sworned. The affidavit is drafted in the first person, in contrast, the plaint is drafted by a third person.

SUIT
A plaint contains the narration of claim giving cause of action for the suit and ending with prayer seeking the relief. In a suit instituted, the parties may desire to seek interim relief for protection the property in dispute or move the court seeking assistance for progress of the trial of the suit. Every such relief can be subject matter of a petition and such petition must be supported by an affidavit. The orders passed thereon by the court will be in force until the disposal of the suit as ordered by the court.

PROCEDURE AND PRINCIPLES TO BE FOLLOWED IN DRAFTING COUNTER AFFIDAVITS AND FURTHER FOLLOW UP ACTIONS.
In all cases where affidavits re communicated with a notice, counter affidavits have to be filled, rebutting/disproving/denying/contradicting the contentions raised by the petitioner basing on the available recorded evidence. Normally, the High Court will communicate a copy of the writ petition along with a notice directing the respondent (if he intends to appose the petition) to appear personally or by advocate on the appointed time and to show cause why the writ petition should not be complied with by filing the counter Affidavit. Immediately, the concerned officer should address the Government pleader to enter appearance in the court and take long adjournment for filing counter simultaneously para-wise remarks should be prepared without undue delay and the same should be sent to the Government pleader along with the connected records either by Regd. Post & A/D or through the concerned Assistant in case of urgency/emergency. On this, the Government pleader will prepare the draft counter affidavit and send the same to the concerned officer i.e., Respondent.

PROCEDURE AND PRINCIPLES TO BE FOLLOWED IN DRAFTING COUNTER AFFIDAVITS AND FURTHER FOLLOW UP ACTIONS.

The respondent after approving it will get it fair typed on both sides of thick white paper in double line spacing with 1 margin on all sides Duly signed and sworn at the end of each page by both the attesting and swearing officers with their designation stamps will be sent to Government pleader with five extra copies along with original for being filed in the High Court. It should be born in mind that fair counter should be accompanied by all the attested copies of documents referred to in the counter affidavit

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Contd..

Fair counter copies should be prepared in strict conformity with the guidelines as otherwise the court will refuse to accept. Finally, the concerned officer (Respondent) after getting the counter affidavit filed in the court by the Govt. pleader, watch the stage of the case by pursuing action with the Govt. pleader till the disposal of the writ petition and receipt of intimation and communication of the order/Judgment. The same procedure should be followed in respect of drafting of Affidavit also in respect of all Judicial Courts including APAT.

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SUITS PROCEEDURE AND PRINCIPLES WITH REGARD TO THE FILLING OF SUIT AND DEFINITION OF PLAINT Every suit shall be instituted in the shape of a plaint (Sec.26). Any proceeding, which does not commence with a plaint, cannot be deemed to be a suit. The plaint shall be written, type-written, or printed fairly and legibly, on stamped paper or on substantial foolscap folio paper with an outer margin of 2 wide and an inner margin of 1 wide and a separate sheet should be attached together book wise on which the docket showing the name of the court, and its place, names of parties, the provision of law under which it was filed and the address of the advocate should be mentioned. The plaint shall contain the following particulars
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Name of the court in which the suit is filed. Description of suit of as O.S/O.P/or SC.No.. of 19 Names of parties (Plaintiff and defendant). It is known as short cause title. Provision of law under which it is filed. Name and description and the place of residence of the plaintiff and defendant. This is known as Long Cause Title. Where the plaintiff or defendant is a minor or a person of unsound mind, a statement to that effect. The facts, constituting the cause of action. The date or dates when the cause of action arose. The facts showing that the court in which the suit is filed has jurisdiction to try the same. (Both territorial and pecuniary) Where the plaintiff has allowed a set off or relinquished a portion of his claim, the same should be state. Statement of value of the subject matter of the suit for purposes of jurisdiction and court fee. Amount of court fee paid and the provision of law under which it is paid. The reliefs prayed for in the plaint. Verification of plaint.

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DEFINITION OF VAKALAT It should be signed by the plaintiff and attested by an advocate other than the plaintiff. The advocate for the plaintiff should endorse on the Vakalat the work Accepted and sign under it. A single vakalat can be filed by an Advocate for any number of plaintiffs. NAME OF THE COURT IN WHICH THE SUITS FILED Every suit shall be instituted in the court of the lowest grade competent to try it (Sec.15). Every suit shall be instituted in the court within whose jurisdiction the cause of action arose or the subject matter of the suit is situated or where the defendant resides or carries on business, as the case may be at the time of filing the suit.

DOCUMENTS TO BE FILED ALONGWITH THE PLAINT

The plaintiff along with the plaint should also file sufficient number of copies of plaint duly signed or certified as true copies for service on the defendant and the following papers. Vakalat (2) Process Applications (3) Suit Documents and other documents (4) Court fee stamps (5) Statement in Form No.7 (Immovable property particulars).

PROCEDURE WITH REGARD TO THE DRAFTING OF WRITTEN STATEMENTS IN RESPECT OF SUITS FILED IN THE COURTS AGAINST GOVERNMENT.

On the filing of the suit against the state Government together with summons notifying the date of appearance, copy of the plaint will be served on the collector (in respect of suits against the Government). A copy of the plaint is forwarded to the concerned department to offer para wise remarks/proposed defense in the suit. The said defense is narrated by the concerned department in a note called para-wise remarks. While writing the para-wise remarks the concerned official should look into the depth of problem and state his defense. Merely and casually denying the allegations will not assist the G.P./Asst. Government pleader in preparing the written statement of defense. Therefore contesting the claim set up in the plaint and challenging the pleadings, para-wise remarks should be submitted that would serve as a foundation for preparing the written statement.

The written statement should contain a statement in concise form of the material facts on which the defendant resists the suit claim but not evidence by which they are going to be supported. It should be divided into paragraphs numbered consecutively, each allegation being contained in a separate paragraph. Where the defendant pleads any mis-representation or fraud, breach of trust, willful default, or undue influence, the details of the same shall be stated in the written statement. Neither presumption of law, nor the principle of burden of proof, need be mentioned.

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The written statement would also contain the address of the parties for the services of notice, and should be signed and verified by the defendant or defendants in the same manner as required in the plaint. A copy of the said written statement shall be served on the other side and the same endorsed on the original of the written statement before it is filed in the court. Every allegation in the plaint, if not denied specifically or by necessary implication or stated to be not admitted in the pleading of the defendant shall be taken to be admitted. There should be no general or evasive denial.

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Under order 27 Rule 5, C.P.C time can be taken for filing written statement which should not exceed 2 months. So during that period the concerned department should be alerted to rush para-wise remarks. Some times on the filing of a suit the plaintiff will be seeking urgent orders to stay or injunction. These orders will be passed by the court only after notice to the Government. When notice is received on such urgent interim applications, more care is needed in rushing instructions to Government Pleader/Asst. Government Pleader to enter appearance in the court and take long adjournment for filing counter. If there is any non response and there is any delay in making appearance, the court will have no option except to pass adverse orders exparte. It will be a big task to get set aside exparte orders. For setting aside the exparte orders, an application under order 9, R7 along with the affidavit explaining the cause in sufficient detail for which the defendant could not appear on the appointed date either by himself or by counsel i.e, absence was neither willful, wanton nor negligent and finally praying the honorable court to set aside the exparte order and to permit the petitioner (defendant) to participate in the trial and pass such order or orders as the honorable court may deem fit and proper in the circumstances of the case (application will be in the shape of I.A.No /1999 is OS.NO. /99).
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SUIT BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY


No suit shall be instituted against the Government or a public officer in respect of any act purporting to be done by such Public Officer in his office capacity until the expiration of two months next after notice in writing under Sec.80 C.P.C has been served on the Secy. To the Government/Collector of the District and other officers of the Central Government, as the case may be. A suit to obtain an urgent or immediate relief against the Government or any Public Officer may be instituted with leave of the court without serving any notice as required by sub sec (1) of sec.80 C.P.C., but court shall not grant relief in the suit whether interim or otherwise expect after giving to the government or Public Officer as the case may be a reasonable opportunity of showing cause in respect of the relief prayed for in the suit. If the court is satisfied after hearing the parties that no urgent or immediate relief need be granted in the suit return the suit for presentation to it after complying with the requirements of Sec.80 (1) C.P.C.
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INDIGEN TPERSON(InFormapauperis)
When the plaintiff is an indigent person, he will not be paying court fee on the plaint and he may institute a suit in-informa pauperis. The Government may not be a party to such a suit but a copy of the plaint will be served on the Collector. Thereafter, the Revenue branch of District administration has to probe to find out if the plaintiff possessed of means to pay court fee. This enquiry must be done at Departmental level and instructions must be given to Government pleader/ Assistant Government pleader to oppose pauper application. If the court is of the view that the plaintiff has means to pay court fee, may reject the application for permission to sue as an indigent person, if it is considered that the applicant is not an Indigent person, that he has within two months next before the presentation of the application disposed off any property fraudulently or in order to be able to apply for permission to sue as an indigent person. When such pauper suits are disposed off, the court will endorse in the decree fixing the liability to pay court fee. Again the Revenue branch of the administration has to take steps to realize the money as if it is arrears of land revenue.
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CAVEAT AND ITS IMPLICATIONS


Section 148 A of C.P.C applies not only to original proceedings but also first appeals and second appeals, and other appeals filed under C.P.C when an order or decree is passed or pronounced in favour of petitioner by the lower court and when he anticipates or apprehends that the respondent may file first appeal/Second Appeal/CMA/writ petition and that in the said proceedings it is quite likely that he may seek stay or suspension of the orders in question, then the petitioner may file a Caveat stating that the respondent has no prima facie case to obtain any orders much less, Interim orders and that he is only trying to procrastinate and delay the matter with an intention to deprive the petitioner of the fruits of the impugned order in his favour, and that he is entitled to enter appearance to contest the matters which he is seeking interim order.
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Contd. Finally, he will request the court not to pas any exparte interim orders without hearing them and that notice on any application for Exparte Interim order be directed to be given to the petitioner or his councel so that whatever orders are to be passed, they can be passed after hearing the petitioner. The petitioner should send a copy of this Caveat to the Respondent by RP & AD and enclose the relevant postal receipt to the Affidavit filed by him. Thereby, the petitioner will get the opportunity of being heard before the orders are passed.

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COMTEMPT OF COURTS CASE AND ITS IMPLICATION HIGH COURT OF JUDICATURE


It is to be noted that generally a contempt case will arise for disobedience of a lawful order of a court, deliberately, willfully and knowingly in a matter over which it has jurisdiction. It will be filled in the court under section 10 to 12 of contempt of courts Act 1971, seeking to commit the Respondent for contempt of court for disobeying the orders of the High Court deliberately, will fully and knowingly on which the High Court will issue notice to the respondent to show cause why in the circumstances stated in the petition and the affidavit filed in support thereof, he should not be punished for contempt of court, granting reasonable time to file counter. Immediately, on receipt of court notice, it is for the Respondent to approach the government pleader with the connected records and enlighten him in writing the reasons/circumstances under which the orders of the High Court could not be implemented, so that he will draft the appropriate counter affidavit and file it in the court.

Contd..
If the High court considers that there are satisfactory reasons that there is no case of contempt of court, an order will be passed closing the contempt case. In case, if it is proved beyond reasonable doubt that there is a case of contempt of court against the Respondent for disobeying the orders passed earlier deliberately, willfully and knowingly, then the order is passed by High Court punishing the respondent by way of imprisonment/Fine/Warning. In order to avoid facing contempt of courts, there is imperative need for the concerned departmental officers to see that the orders of the courts are either implemented without any undue delay wherever practicable and if it is impracticable or not possible to implement the orders, they should approach the Bench of the High Court or the Supreme Court on Appeal.

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A.P.ADMINISTRATIVE TRIBUNAL The above procedure should be followed in respect of contempt cases also which arises due to non-implementation of orders of A.P. Administrative Tribunal concerning the cases of service matters.

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PREPARATION OF COUNTER IN RESPECT OF O.A. FILED IN A.P.A.T

The language to be used while drafting a counter should be lucid and concise. The jurisdiction of the A.P.A.T is confined to matters like recruitment, promotions, seniority and other service matters. Firstly, one must see whether the applicant has exhausted all the other remedies available to him departmentally for redressal of his grievance before knocking the doors of the A.P.A.T for justice (S.20 of the A.P.A.T Act

1985)
(Contd..)
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Secondly, whether the O.A is barred by limitation of time is to be examined as the tribunal cannot admit an application after one year from the date the final orders have been made in connection with the grievance of the Applicant

(Sec. 21 of the A.P.A.T Act, 1985)


It is better to begin the counter with a brief history of the case. This should be followed by para-wise remarks on the averments made by the applicant in the O.A. either by rebuttal or by giving the factual position. In the counter, correct rule position should be highlighted. It should also be seen whether the relief sought for by the applicant is in order or not.

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FILING OF COUNTER IN RESPECT OF THE WRIT PETITION FILED IN THE HIGH COURT A writ petition is filed by a petitioner in the high court aggrieved by the judgment of the Honble A.P.A.T or other lower courts invoking the writ jurisdiction of the high court under art 226 of the C.O.I. Writ petition can also be filed straight away if the petitioner is aggrieved in some other way. There should be sufficient grounds to file a writ petition.

(Contd..)
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To Start with, the brief History of the case should be prepared. Then the grounds under which the writ petition is filed questioning either the tribunals orders or the judgment of a lower court, should be prepared. While concluding, it should be mentioned clearly for setting aside the orders of the Honble A.P.A.T or in the alternative for an Interim stay of the orders of the tribunal.

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There are two types of issue of notices by the Honble A.P.A.T. One is notice before admission and the other is notice under rule nisi. Notice before Admission is issued with regard to admitting the O.A or not. Under Rule Nisi the O.A. will be admitted without notice and notice in rule nisi will be issued as to whether the relief sought for can be granted or not. Regarding notice before admission, steps should be taken to file the counter immediately in consultation with the concerned Govt. pleader and get the O.A dismissed at the admission stage itself in other respects, if the time stipulated by the Honble A.P.A.T. to file counter is inadequate, the Honble A.P.A.T may be requested to grant extension of time for filing the counter through the Govt. Pleader as preparation of counter may involve verification of records etc., or obtaining of remarks from the subordinate offices. However, counter should be filed with in the time requested and under no circumstances should it exceed the time frame.
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TIME TO FILE COUNTER IN THE A.P. HIGH COURT It should be borne in mind that the counter has to be filed within the time stipulated by the Honble A.P.H.C. If the time for filing the counter is inadequate, the procedure mentioned for the A.P.A.T is to be adopted. However, in the case of high court, the maximum time limit prescribed for filing the counter is six months. It is stressed that all the respondents included either in a O.A or a w.p. have to file counters. Even if there is no claim of the applicant/ petitioner pending with a respondent, he has to state the same by filing a counter in the APAT or the High Court.

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ACTION TO BE TAKEN BY THE RESPONDENTS WHEN THE A.P.A.T. PASSES AN INTERIM ORDER Sometimes the Honble A.P.A.T may issue an interim order in a particular O.A. The Passing of an interim order by the A.P.A.T comes in the way of the respondents taking action from their point of view. The respondents must file vacate stay petition along with the detailed Counter Affidavit praying the Honble A.P.A.T to vacate the interim orders. This is called Vacation Miscellaneous Application (V.M.A) or V.M.A. No In O.A. No.. This will be signed by the concerned G.P. in the A.P.A.T.
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We have seen that as per Rule.19 of the A.P.A.T (Procedure) Rules, 1989 the orders of A.P.A.T can be challenged or questioned by filing review petition within 30 days from the date of order of which the review is sought. But in reality, the orders of the A.P.A.T are not received in time. For this the respondents have to file a condone delay petition along with the review petition explaining the reasons for the delay in filing the review petition. This is called R.M.A.No. in

R.P.No..In O.A.No
The same procedure holds good in respect of the writ petition filed in the High Court Questioning the orders of A.P.A.T.
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FILING OF REVIEW PETITION IN THE APAT AGAINST ITS ORDERS IN O.AS OR W.PS IN THE A.P.H.C
As per Rule. 19 of the A.P.A.T (procedure) rules, 1989 no application for review shall be entertained unless it is filed within 30 days from the date of order of which the review is sought. The dept. aggrieved by the orders of the A.P.A.T must seek the opinion of the concerned G.P. in the A.P.A.T, and ascertain whether the case on hand is a fit case for filing the review petition in the A.P.A.T. Based on the written advice of the G.P, further action has to be taken. As far as the next level of appeal open to the dept is concerned, the Dept., if it feels strongly that the orders of the APAT are not in conformity or in consonance with the orders of the Govt. in the matter, it should definitely file a w.p. in the A.P.H.C against the orders of the A.P.A.T after taking the written opinion of the concerned G.P in the High Court.

(Contd..)

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W.P has to be filed within three months from the date of receipt of the order of the A.P.A.T against which w.p is filed. If the concerned dept. is aggrieved by the orders of the High Court, it can file writ appeal on the advice of the concerned G.P in the High Court. The next course of appeal open to the dept. is filing of special leave petition in the Supreme Court after taking the written opinion of the Advocate General in this regard. Writ appeal has to be filed in the High Court within one month from the Date of the order of High Court of which appeal is sought. In G.O.R.T.No.146 LAW (c) Dept. Dt. 08.02.2001, Govt. have authorized all the secretaries to Govt., H.O.Ds and dist. collectors to file appeals by way of S.L.P in the Supreme Court against an adverse judgment of the High Court basing on the advice of the concerned Govt. Law officer without seeking prior permission of the Govt. Where, however, an important policy matter is involved, the case may be circulated before filing S.L.P in the Apex Court.

(Contd..)
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It should be borne in mind that wherever necessary reviews and appeals have to be filed invariably. It is because if the orders of the A.P.A.T or the High Court are contrary to the Govt. Orders in force and against the policy of the Govt., the judgments need to be challenged, lest the same may result in significant outflow of funds from the state exchequer.

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CONTEMPT CASES
Contempt application (C.A) or contempt case (C.C) is filed by the applicant/petitioner in the Honble tribunal or Honble High Court as the case may be, if the orders of the Honble tribunal/Honble High Court are not implemented by the respondents. It is suggested that, if the orders of either the Honble A.P.A.T or the Honble High Court are not contrary to the orders of the Govt. and if the concerned G.P. feels that there are no grounds for going on an appeal, it would be better for the respondents to expeditiously implement the orders of the court within the stipulated time. Prompt filing of counters by the respondents either in the O.As/W.Ps or the C.A is called for. Dilly-dallying will not serve the purpose. Contempt cases have to be taken seriously and prompt action should be taken for filing a counter in the matter.
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The A.P.A.T (Contempt of Courts) Rules, 1992:

Rule 4:
If the contempt alleged is against the state Govt. and/or on HOD and/or any Public Officer who is alleged to have committed the contempt in his official capacity, no particular officer need be impleaded co-nominee as party respondent. But if the applicant alleges that any particular officer has willfully committed contempt, such officer shall be impleaded as a party respondent.
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Rule 5:
Every case of contempt shall be posted for preliminary hearing before division bench. If the bench does not dismiss it in limini, it may issue notice to the G.P. concerned. After giving an opportunity of hearing to the petitioner and the G.P. the bench may either dismiss the petition or admit it and order notice to the respondent.
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Rule 6:
If the respondent for the alleged contempt is the State Government or H.O.D or any other public officer in its official capacity, notice shall be served on the Secretary to Govt., H.O.D or the Public Officer. If any respondent is an individual impleaded by name, notice shall be served on him personally. provided that the tribunal, may, while ordering notice or on application or memo signed by the respondent permit appearance by an Advocate, subject to further orders of the tribunal.
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Rule 8:
If the respondent still fails to respond, the tribunal, may issue a warrant bailable or nonbailable, for his arrest to ensure his attendance on the date fixed for the hearing. In respect of the contempt cases filed in the Honble A.P.H.C, prompt action should be taken to file counter affidavit in the contempt case filed by the petitioner for non-implementation of the orders of the Honble High Court. Failure to abide by the orders of the Honble High Court will lead to issue of arrest warrant etc., and taking of coercive action against the respondents.
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A.P. LOKAYUKTA AND UPA LOKAYUKTA The A.P. Lokayukta and Upa Lokayukta act, 1982 came into effect from 23.09.83. It has been set up for the investigation of administrative action taken by certain local and public authorities in the state of Andhra Pradesh. The act is mainly intended to curb political corruption among certain Public Servants

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FUNCTIONS
Section 9:
The institution of Lokayukta and Upa Lokayukta is a fact finding body. Their main function is to investigate the Administrative Action in respect of which an allegation is made against any Public Servant has to be investigated into by Lokayukta or Upa Lokayukta as the case may be, after following the procedure relating to the specific complaints received as provided under Section 9 and the procedure in respect of investigation as laid down under section 10 of the act. The Lokayukta or Upa Lokayukta shall not investigate any allegation.
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1.

In respect of which a formal and Public Inquiry has been ordered under the public services inquiries act, 1850. In respect of a matter which has been referred for enquiry under the commissioner of inquiry act, 1952 in case where the Lokayukta or Upa Lokayukta as the case may be has given his prior concurrence for such inquiry.

2.

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a) b) c) d) e)

f)

Under Section 15 of the Act, the Lokayukta or Upa Lokayukta cannot investigate into allegations against: The Chief Justice or any Judge of the High Court or a member of the Judicial Service. Any officer or servant of any Court in the State. Advocate General, A.P. The Chairman or a member of the A.P.P.S.C. The Chief Election Commissioner the Election Commissioner and the Regional Commissioner referred to in Art. 324 C.O.I and the Chief Electoral Officer of A.P. The Speaker and Dy. Speaker of the Legislative Assembly.
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THE A.P. LOKAYUKTA AND UPA-LOKAYUKTA (INVESTIGATION) RULES, 1984.


Rule 5: Preliminary verification of the complaint commences. Rule 6: Commencement of investigation into the complaint. A copy of the complaint is sent to the Public Servant concerned against whom allegation is made and the public servant is afforded an opportunity to submit a detailed report in the matter. If the grievance of the complainant stands redressed, the complaint will be closed. Based on the report of the Public Servant concerned if the Lokayukta or Upa Lokayukta is convinced that the complainant has no case, the complaint will be dismissed.

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THE CONSUMER PROTECTION ACT, 1986 This act provides for better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers disputes and for matters connected therewith.

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Sec. 2 (d): Consumer means any person who: Buys any goods for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment and includes any user of such goods other than the person who buys such for consideration paid or promised or partly paid partly promised, or under any system of deferred payment when such use is made with the approval of such person, But does not include a person who obtains such goods for resale or for any commercial purpose or

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Sec. 2 (d): Consumer means any person who: Hires any services for a consideration which has been paid or promised or partly paid and partly promised or under any stem of deferred payment and includes any beneficiary of such services other than the person who hires the service for consideration paid or promised or partly paid and partly promised or under any stem of deferred payment, when such services are availed of with approval of the first mentioned person.

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Sec. 2 (e): Consumer Dispute:


Means a dispute where the person against whom a complaint has been made denies or disputes the allegations contained in the complaint. In our Department we come across cases coming under the purview of the Consumer Protection Act. Immediately on receipt of a case of this nature what we have to see is whether there is really a deficiency of service on our part. Then we have to proceed with the preparation of counter. service on our part. Then we have to proceed with the preparation of a counter.

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It is pertinent to say that the services rendered by this department do not come under the purview of the

Services Defined under Sec. 2(d) of


the Consumer Protection Act, 1986.

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THANK YOU

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