ie f é DA \a? Md, 2 Analysis of facts, locating the taw and application of law are the important procedural ~ Factors during the process of administration of justice, which should be considered as a ; Joint concern, effort and:responsibility of both the Bar and the Bench. An Advocate must evolve and improve the proficiency, competence and technique to present cases impressively so as to inspire the interest of the judge by effective communication with adequate deliberation and force in a convincing manner so that the court can follow the ‘same with ease and interes! and without any strain. For this, one should be equipped with proper knowledge, skill and capacity to communicate by speech. This is made possible by acquisition of sound knowledge of legal terminology and adequate vocabulary. An Advocate must use proper legal terms in their proper contexts. Meaning of words in the legal parlance may differ from those in the common parlance. For example, let us consider the terms “plaint” and "complaint". Though beth these terms refer to the grievances ‘of an aggrieved party, the term “plaint” is used in civil proceedings and the term "complaint" is used in criminal proceedings only The popular meaning of the word “consideration” is “to think about or being thought about" but in the law of contracts, “consideration” is an essential element of a valid contract, and it is an act or abstinence or promise by the promisee or any other person at the desire of the promisor". The word “sanction” in common parlance means “permission or approval” whereas, in law it has also a technical meaning \ ‘as “evil consequences for discbeying laws”. In this manner, there are many terms in law | which have well defined meanings. Statutes usually contain a clause namely “definition clause” or “interpretation clause” which explains the meaning of certain terms and expressions used in the statutes Astrong vocabulary is one of the powerful weapons of an Advocale. Iwill buildshis self confidence and increase his personality. His command of language will improve the process of his mind which will enable him to present cases impressively with eloquence. By aconvincing argument, a cause which was though! of as seemingly lost maybe rescued, In Legal Drafting also, application of proper legal terms in their proper'place and context is absolutely essential. Legal Drafting is concerned with the drafting of statements g of parties to a case setting out their claims, counter claims, contentions and defences to be filed in court. Drafting of legal documents of conveyancing also is an important branch of the | study and practice of the law. Persons engaged in drafting deeds of conveyancing should acquire and develop sound knowledge of {egal principles on the subject. Legislative drafting is the basis and the most important part of making laws. Legislation is the enunciation or promulgation of laws by the Parliament and State Legislatures with which the supreme power of legislation is conferred by the Constitution. Such laws are to | be executed for the welfare of the people by the executive authorities and are to be applied by the judiciary for administration of justice. For the purpose of effective functioning of these organs, the laws are to be clear, certain and definite. Defective drafling of laws will create difficulties in their execution and application. Therefore in legislative drafting, utmost care should be taken to avoid ambiguity, inconsistency, omission and other such defects, so as to provide the correct exposition of taw. Legal language is indispensable for editing and writing text-books, articles, reports, commentaries and digests and for teaching subjects ontaw. Law students should try their best to acquire and develop thorough knowledge of legal principles and deep ‘comprehension of egal terminology, both substantive and procedural Tee ee eee ee eae ety3 2. JURISPRUDENCE Jurisprudence literally means knowledge of taw. 1 is the knowledge acquired from the systematic enquiry as to the ndture, sources, elements end the binding force of tne law. Such an enquiry relates to the following aspects. What was the law in the past . What is the law at present, What the law should be for the future. Law as a means to promote social welfare. Based upon the above aspects, jurisprudence may be classified as: (1) Historical Jurisprudence (2) Analytical jurisprudence (3) Ethical Jurisprudence and (4) Sociological Jurisprudence Pena Historical Jurisprudence Historical Jurisprudence deals with the ongin, growth and develcoment of law with special reference to the different circumstances that brought 2bcut changes in its. evolutionary process. This refers to the legal history. Present law can be properly understood with its full significance only through an enquiry of the past law end its changes with reasons Analytical Jurisprudence Analyticat Jurisprudence deals with the nature, sources, elements and the binding force of the law as it is at present. This refers to the legal exposition and analyses tne jaw asit exists, Ethical Jurisprudence Ethical Jurisprudence is the study and enquiry of iaw aimed at the achievement of ideal justice. It refers to the Science of Legislation and is concerned with the concept of justice, its ethical utility and adequacy for the improvement of moral standards. Sociological Jurisprudence Sociological Jurisprudence is the enquiry of law as a means to promote social welfare. It is concerned with the law in action and its interaction with the society. It aims at the achievement of social progress. 1. Sources of law The sources of the iaw are the foliowing:— (1) Le (4) Contracts or conventions. lation (2) Precedent (3) Custom 1. Legislation Legislation is the enunciation or promulgation of laws by the legislature of a state. Since it is the formal and express declaration of law by the competent body avhose duty it is to make law, it is known as Direct Legislation. It is also called Supreme Legislation because such laws proceed from the supreme law making authority, naire! Legislature.4 Law making by any other subordinate or body is indirect legisation or bordinate legislation or delegated legislation. Instances of such subordinate lec's! the following:— (1) Executive Legislation This is rule making by the executive authorities by virtue of the powers given to them by statutes made by the legislature. (2) Judicial Legislations (Judicial law making) These are the legal principles formulated and applied by the judges while deciding cases. These are also called precedents. (3) Autonomous legislations These are the rules and bye laws made by the autonomous bodies like Universities and Companies for their own affairs and not for the people generally. 2. Precedent Precedents are judge made laws. They are legal principles formulated and applied by judges while deciding cases. Duty of the judge is not making laws, but applying the law made by the legislature. While applying such laws to the facts of the case, judges may have to interpret the law. A judge is not free to leave cases undecided on the ground that there is no law or the law given in a statute is either ambiguous or inconsistent with other provisions. In such cases, the judges have to interpret the law lo ascertain the meaning. The process by which the judge tries to ascertain the meaning of the enacted law through ils wording is called interpretation of statute. During this course, the judge formulate the legal principles in accordance with the rules of interpretation, and applies the same to the case before him. These legal principles are followed as precedents in subsequent similar cases. A decision on a point of law, which has to be normally followed as the correct exposition of law in subsequent decisions, is called a precedent on the point. Article 141 of the Constitution of India states: “the law declared by the Supreme Court shall be binding on all courts within the territory of India.” 3. Custom Custom is a tule of action voluntarily and uniformly observed by people for generations from time immemorial. For a custom to have the force of law, it must conform to the conditions namely, (1) Reasonableness (2) Conformity with statute law (3) Observance as of right (4) Immemorial antiquity (5) Continuity (6) Peaceableness (7) Certainty and (8) Consistency with other customs. 4. Contract Acontract is an agreement enforceable by law. An agreementis law for the contracting parties only. It is governed by the Law of Contracts. In addition to the above, laws are also contained in ordinances, rules, regulations, resolutions. orders, notifications and circulars issued by the Government and other institutions having powers to the same.6 2. Definition and Classification. saw A Law in its widest sense “Law, in its most general end comprehensive sense, ¢ applied indiscriminately to all kinds of action, whether anir.cte or inanimate, rational or irrational” (Blackstone). This definition covers a variety of laws, not only those administered by courts, but also many other kinds. According to this definition, law may be classified es faliows:— - 1 Physical laws Technical laws Customary Laws Conventional Laws International Law imperative Law - Natural Law Civil Law These are laws representing the order in the working of nature. Generally they have not much relevance in courts. eg. Laws of science These are sules for attaining a particular purpose or effect. Generally, these rules do not have much relevance in courts. eg. Laws of music, Laws of games. Custom is a rule of action voluntarily and uniformly observed by people for generations from time immemorial. These are agreements enforceable by law binging on the contracting parties oniy. Intemational law is the body of rules which the Savereign States have agreed to observe in their conduct towards each other. + These are commands of the Sovereign to its subjects obliging them to a certain course of conduct. Natural law is the rule of right conduct that the nature instinctively suggests in the moral conscience of man. The term “Civil” is to be understood in two different senses. In general and widest sense, “Civil” means “relating to citizens" In this sense, “Civil law" means all the laws of the land, In particular sense with reference to jurisdiction or judicial proceeding: the nature and form of remedy, the term “Civil” is used as opposile to “Criminal”. In this sense, civil proceedings aim at the enforcement of rights, while criminal proceedings aim at the punishment of the wrong doer. * Inthe general and widest sense, “Civil aw is the law of the State or of the land, the law of lawyers and the law of Courts’. B. Law in terms of command of the Sovereign “Law is the general command of a Sovereign to his subjects obliging them to a course of conduct. (Austin)Imperative Law The one class of aw according to the above definition is “imperative law’. The Obligation to obey the taw is imperative. Anyone who does not obey the law, is sure to Meet with punishment which is technically called “sanction” It is the ‘evil consequences of disobeying the command. C. Law in terms of administration of justice “Lawis the body of principles recognised and applied by the State in the administration of justice. In other words, the law consists of the rules recognised and acted on by courts of justice’. (Salmond) Law, as the body of principles acted on by courts in the administration of justice, may be classified as follows:— A. General Law B. SpecialLaw (a) General Law General law applies to all persons without any discrimination and without the requirement of any speciai conditions or circumstances. eg. Constitution of India, Indian Contract Act, Indian Penal Code etc. In English jurisprudence, general law has three divisions. 1. Statute law These are enacted laws 2. Equity These are laws developed by consideration of natural justice and fairness beyond the strict application of the e law. Equity is the system of law evolved by the Court of the Chancellor of England 3. CommonLaw Law evolved by judges as precedents The conflicts between the common law and equity were removed by the Judicature Act of 1873. In India, there was no Such distinct systems. (b) Special law Special laws are those which apply only under special conditions and circumstances. They do not have general and uniform application to all. The main divisions-of special law are the following:— 1. Local.Law Law applying to particular ocalities and not to the whole State. eg. Municipal Corporation Act. 2. Foreign Law Law evolved by the State to apply for certain transactions made in a foreign country in view of international comity and teciprocal treatment. 3. Conventional aw These are agreements enforceable by law binding ‘on the contracting parties only.4. Autonomic Law 5, Martial Law 6, International Law D. Other classes of Laws 7 Laws made by autonomous bases suc as and Registered Companies for reg. affairs. (a) Law for the discipline and governmect of the amy. (b) The law by which, in times of war, the army governs, any foreign land under its occupation (c) The law by which, in times of war or 2 state of emergency, the army governs the State or a poruon thereof in deragaticn of the normal law, ‘or the sake of public safety or military necessity. The body of principies which the independent Soveregn States have agreed to observe in thei conduct towards each other. Private Intemational Law ch of the raw of secide case: countries eg |) cases where the in & foreign Country, of the parves are Conflict oF Laws nave i9 ce applied in deccing certam cas cause of action arises in ene cov situates in another country and the obligation to take place in a third country Prize Law Law regulating the capture and condemnation of enemy ships and cargoes at sea in times of war Based upon different aspects, law may be further classified as follows — 4. Public Law Public Law is concerned with public rights and public duties. Any law that protects a public right or impose a public duty is a public law. itis the nature of law that determines whether it is public law or private taw. Right of the Government to coitect tax is a public right though the tax payer i: a private individual. The tax payer's duty to pay tax, though is his own personal duty, is a duty to the public. If A murders B, itis not merely a matter between A and B or between their relations only, but a matter of public concem, The whole society is aggrieved and it is the duty of State to prosecute A for the offence. Therefore Criminal Law is a public law. If a person is unlawfully detained, the affected person or his affected relatives may approach the appropriate court for the issue o! 2 writ of tlabeas Corpus by resorting to the Constitutional Law. Rights vested in the ‘State are public rights. The Stale hofds such rights as the representatives of the people.Pight to vote may be categorised as public rights though it is to be exercised by io dividual vi us the law relating to Election is a public Law. Any law that deals in any right or its corresponding duty, in which the society, or the public or the State is interested, is a public law. It is the law concerned with the political and sovereign power of the State. It controls the administrative and other statutory functions of the State. It protects the collective interests of the society as a whole. eg. Constitution of India, Indian Penal Code, Representation of Peoples Act etc. 2. Private Law Private Law is concerned with individual rights, obligations and liabilities only. It is nol concerned with the collective interest of the society and is not a matter of public character The Stale or the public has no general concern about that. If A agrees to sell his property to B, only the contracting parties are interested in its performance, or affected by its breach eg. Indian Contract ActHindu Succession Act etc. To test and ascertain whether a law is public or private, it is the nature of law thal is to be looked into, and not the parties thereto. 3. Substantive Law Substantive law deals with rights, duties and liabilities. It also defines wrongs and prescribe punishments, but not their enforcements. eg. Indian Contract Act, Indian Penal Code etc. 4. Procedural Law Procedural law deals with the process of enforcement of rights and remedies. It provides the practice and procedure to be followed to decide cases for the purpose of providing adequate remedies. eg, Code of Civil procedure, Code of Criminal Procedure ele. 5. Civil Law In the widest sense. Civil law is “the law of the State, or of the land, the law of © lawyers and the law of courts” One meaning of the word “Civil” is “relating to citizens”. In this sense, civil law covers all the laws of the State. The terms “Municipal Law” and Positive Law’ are also used to denote the same sense. In its particular sense, civil law is the law which deals with rights and duties of individuals. For the violation of such rights and duties, remedies are sought before civil courts of competent jurisdiction. Such remedies include specific performance, declaration of title, recovery of possession injunction, compensation or damages etc. eg. Law of contracts, Transfer of property Act, etc. The procedure is regulated by the Code of Civil Procedure. 6. Criminal Law Criminal Law deals with crimes, It aims at conviction and punishment of the accused if he is found guilty, or at his acquittal if he is found not guilty. Investigation, cognizance of offence, trial, conviction or acquittal and all such procedure are governed by the Code of Criminal Procedure and the courts having jurisdiction for the same are the Crminat Courts. Indian Penal Code is a substantive criminal law.9 ~~“ 7. Personal Law Personal laws are special laws applicable to persons belonging to different religions with respect to certain matfers only. Personal laws ave riot lex Jaci. This means that such laws are not the :2ws o’ the locz'ity, place or ter tory, Dut iaws of personal status of being belonged t= 3 par..cutar r-'gir>. eg. Hindu _aw, Mahomedan Law etc. The matters to which personal laws apply rela'2 to rights 27d liabilities arising cut of family relationship such as marriage, adoption, guardianship, succession etc. Therefore the different systems of personal laws are together called the “Family Law’. eg. Law of Marriage, adoption, minority, guardianship, succession etc. 8. Environmental Law Law for the protection and improvement of the natural resources, atmosphere and environment including forest, lakes, rivers end wild life. It insists compassion for living creatures and prevention of pollution including agricultural pollution, pollution created by pesticides, industrial effluents and mining and nver gcllution, water pollution, air pollution, noise pollution etc. eg. Environment Protection Act, Insecticides Act, Environment Tribunal Act. 9. Intellectual Property Law Law relating to all rights to property which are creations of the mind. It is concemed with the entire range of products of intellectual creativity and efforts. eg. Copy nghts, Patent, Trade msrks, industrial designs, Inventions etc. 10, Cyber Law Law relating to the Information Technology brought about by computers, Internat and cyber space Internet is a giant network interconnecting many other linked computer networks. Anyone having access to an Intemet may be benefited by a variety of communications and informations. eg. Electronic Mail (E-Mail). Chat Rooms, World Wide Web (WWW). These methods are used to transmit text, sound, pictures, moving video images etc. These different methods taken together, constitute what is known as “cyber space” and the law relating to all aspects of the same is termed “Cyber Laws”. Cybernetics (From Greek: Kybemnetes steers man, governor) - Comparative study of the control system formed by the nervous system and mechanical—electrical communication systems, such as computing machines. It is the science of communication and control concerned with comparing brain with machines and electronic devices. Cyber Stalking Stalking is chasing, following, watching and harassing someone causing annoyance, fear and threat. Cyber stalking is stalking by the use of Internet, E-Mail or other Electronic communication devices.--+#s wuurls are established by law and constituted by the Government, Courts are of different classes with distinct powers or jurisdiction, Jurisdiction Jurisdiction means the extent of the power of a court to entertain legal proceedings, Jurisdiction is of different kinds. Name of Jurisdiction Nature and purpose Civil For deciding civil cases, Criminal Fordeciding criminal cases. Original Original jurisdiction arises from the original cause of action leading to an original suit or original petition in the court of the first instance. Appellate This is the jurisdiction to hear appeals. Appeals are filed before the court of superior jurisdiction. Local or Territorial This is the jurisdiction over a specified area. Pecuniary This is the jurisdiction according to the amount of : valuation of the subject malter and reliefs claimed in the suit. As regards subject matter This is the jurisdiction according to the nature of the subject matter and reliefs. eg. Divorce—Family Courts Writs—High Court and Supreme Court. 4. Civil Courts Classes of subordinate civil courts and their pecuniary jurisdiction The hierarchy of subordinate civil courts, their pecuniary jurisdictions and the rules -for valuation of the subject matter of the suit and court fees are as provided in the concerned enactments in force in different States', Pecuniary jurisdiction depends upon the valuation ‘of the suit. It therefore requires that before a suit is instituted, the amount of its valuation * should be worked out separately. se 4. Forthe State of Kerala, the concemed enactments are:— 1. The Kerala Civil Courts Act, 1957. 2. The Kerala Small Cause Courts Act, 1957. 3. The KeralaCourl Fees and Suits Valuation Act, 1959, 4. Kerala Small Cause Courts Act 1957. Section 2 of the Kerala Civil Courts Act, 1957 provides fo different classes of civil courts, subordinate tothe High Cour and in addition tothe courts estadished under anyother law forthe time being in force. Section 11 deals wih their pecuniary jurisdiction, 1, The Coutofa District udge ) Pecuniary jurisdiction not limited. 2. The Couttof a Subordinate Judge } * 3, The Cour ofa Munsiff Pecuniary jurisdiction limited up to a valuation of one lakh rupeesnew | 1 Patitener gina! Petion J ns 26 to 35 of the Code of =< Powerto pass sentences. ig! a ind ifuentence authorised by law. Sessi Anysentence authorised by law (Death sentence requires Additional Sessions Judge confirmation by the High Court) Assistant Sesiions Judge Imprisonment upto 10 years (Any sentence authonsed by law except a sentence of death or of wmonsonment forlite or of imprisonment for 2 term exceeding ten years) Chief Judicial Magistrate Imprisonment upto seven years (Any sentence authorised by law except @ sentence of ceath or of imprisonment for life or of impnsonment fer 3 term exceeding seven years) Additional Chief All or any of the powers of 2 Chief Judicial Judicia! Magistrate (Section 12(2). ‘Sub Divisiona! Judiciat Powers of the Judicial Magistrate of the ©: Magistrate (Section 12(3) Judicial Magistrate of the. Imprisonment upto three years. Fine upto Rs. $000!- First Class or both, Judicial Magistrate of the Imprisoriment upto one year. Fine upto Rs. 1000/- Second Class* or both. The Court of a Chief Metropolitan Magistrate shall have the power of the Cour cfa Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Cour of a Magistrate of the First Class. 3. High Court Article 226 of the Constitution of India provides for the writ jurisdictions of the High Court. Every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority including in appropriate cases, any Government, within those territories, directions, orders or writs, including writs in the nature of Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari, or Court of Small Causes ‘Section 4 of the Kerala Small Cause Courts Act, 1957 empowers the Government to estabishCouts of SmatCauses inthe State, Subject to ne exemptions under Section 12 and the Schedule to the Act, and also subject to the provisions ‘of any enactment for the time being in force, a Court of SmallCauses can take cognizance of al suits of acwdnature of which the value does not exceed five hundred rupees. Under Section 12(3) of the Act, he Government can raise the pecuniary limit up to one thousand rupees by nobfication in the gazette. Section 18 of the Kerala CivilCourts Act, 1957 empowers the High Court to invest any District or Subordinate Judge with the jurisdiction of a judge of a Cour of Small Causes for the trial of suits cognizable by such Courts upto the ‘amount of one thousand and five hundred rupees, and any Munsiff with ine same jurisdiction up to the amountol co thousand rupees + Inthe State of Kerala, itis upgraded as First Class under Section 11(1) Cr PC12 any of them for the enforcement of any of the fundamental rights conferred by part III of the Constitution and for any other purpose. The power conferred on the High Courts is © ‘not in derogation of the power conferred on the Supreme Court by Article 32 of the Constitution The High Court Acts of different States enact provisions regulating the business and the exercise of powers of the High Courts. The rules made by the High Courts regulate the Procedure’ t Onginal jurisdiction Original Jurisdiction under Article 226 of the Constitution. To issue directions, orders or writs, including writs in the nature of Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari or any of them for the enfgrcement of any fundamental right and for any other purpose. In addition to the above, original jurisdiction is also conferred by certain enactments for matters specifically provided therein. eg. Election Petition, Contempt Petitions, Civil Apoeal, Reference Appeal: Appeal from the decrees and orders of the and Revision District Judge's Court and the Subordinate Judge's Court as provided in the concerned enactments of the respective States? Second Appeals if the case involves a substantial question of law, (Section 100 C:P.C.). Reference:— Subordinate courts may refer questions of validity of law for the opinion of the High Court. (Section 113 CPC.) Revision:— In cases where no appeal lies, and if the subordinate court has either exceeded jurisdiction, or failed to exercise jurisdiction, or if acted illegally or with material irregularity. (Section 115 C.P.C.) Criminal Appeal, Confirmation of death sentence (Section 28 Cr.P.C.) Reference and ‘Appeal from conviction by a Sessions Judge Revision Appeal from conviction and sentence by any Court for more than seven years (Section 374 Cr.P.C.) 1. The Kerala High Court Act provides the powers of Single Judge, powers of a Bench of two judges and cases 10 be heard by Full Bench under direction by Chief Justice. The Rules ofthe High Court of Kerala, regulate the procedure Forms of proceedings also are givenin the said rules. 2. Sectons 12and 13 ofthe Kerala Civil Courts Act deal withthe appellate jurisdiction of Civil Courts. The Sections ead as folows — "Section 12 Save as provided in Section 13, regular and special appeals shal, when such appeals are allowed bylaw, be rom the decrees or orders of a District Court or a Subordinate Judge's Cour to the High Court, ‘Section 13. Appeals from the decrees and orders of a Munsifs Court and where the amount or value of the subject matte ofthe suit does nol exceed two lakhs rupees, (rom the enginal decrees and orders of a Subordinate Judge's Courts shail, when such appeals are allowed by law, be to We Distict Court |Division Bench - if t | Full Bench 4, Supreme Court \ppeal DY Government against Inacequacy Of SEMEN’ | (Section 377 CrPC) Appeal in case of argina or appellate order of acquittal (Section 378 CrPC,) Reference:— Subordinate cout may refer questions of * validity of law for the opinion of the High Court (Section 395 CPC.) Revision:— Powers of revision n cases where no appeal lies (Section 401 CrP.C.). Court composed of one Judge only. The powers of the single judge are provided in the High Court Act. Court composed of two judges. The powers of the Division Bench are provided in the High Court Act. An appeal shall lie to a Bench of two judges from:— (1) a judgment or order of a Single Judge in exercise of original jurisdiction; or (2) a judgment of a Single Judge in the exercise of appellate jurisciction m respect of a decree or order made in the exercise of original jurisdiction by @ Subordinate Court. Court composed of tnree or more judges. The Chief Justice may direct that any matter be heard by a Full Bench. ‘When a question of law is referred to 2 Full Bench, the Full Bench may finally decide the case or return it with an expression of its opinion upon the question referred. for final adjudication by the Bench which referred ‘the question or in the absence of either or both of the feferring judges, by another Bench. Article 32 of the Constitution of India provides for the writ jurisdiction of the Supreme Court. It guarantees the right to move the Supreme Court by appropriate proceedings for the enforcement of the fundamental rights conferred by Part Ill of.the Constitution. Original Jurisdiction Original Jurisdiction under Article 32 to issue directions, orders or writs, including writs in the nature of Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari for the enforcement of fundamental rights. Original Jurisdiction under Article 131 of the Constitution in disputes between the Government of India and one or more Stales or between the Government of India andAppellate Jurisdiction Civil Appeals Criminal Appeals Special leave to appeal 14 any State or States on-one side and one or more other ‘States-on the other; or between two or more States. Appeal from the judgment, decree or final order of a High Court from any civil, criminal or other proceeding if the case involves a substantial question of law as to the interpretation of the Constitution, and the High Court certifies to that effect. {Article 132). In Civil cases, appeal is also provided 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 in the opinion of the High Court, the said uestion needs to be decided by the Supreme Court. In criminal matters appeal is also provided: 1. Ifthe High Court has on appeal, reversed an order of acquittal of an accused, and sentenced him to death 2. Ifthe High Court has withdrawn from trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death (Article 134). 3. Ifthe High Court certifies under Article 134 A that the case is a fit one for appeal to the Supreme Court. ‘Leave means permission. The Supreme Court may in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India. (Article 136)16 4. Case and Parties Case 7 Case is any dispute involving facts and law brought before Court for decision Suit An Original Civil case Complaint ‘An Original Criminal case Appeal A case brought by the party aggneves by the decision of a lower court, to the higher court Reference Referring questions of law from subordinate court to the High Court for decision. A reference may be made by the lower court on its own accord, er on application i by any of the parties. (Section 113 CPC and Section a 395 CrP.C.), Review Review is the reconsideration of the seme case by he ‘same court on application by the party who by the former decision (Section 114, Order 47 CPC) Revision In cases where no appeal lies, and the lower court has exceeded jurisdiction, or failedto exerase orhas acted illegally or with material irreg, Court may call for the records of such case make such order as it thinks fit (Section 17 For Criminal Revision, the High Court ang the Court of Session are given concurrent jurisd (Section 397 and 401 Cr.P.C.) Original Petitions and Petitions (other than a suit, app2a! or execution pettion) ‘Writ Petitions whereby any legal proceeding is instituted eg Onginal Petition or writ petition under Article 32 of tne Constitution before the Supreme Court and under Anicie 226, before the High Court. eg. Original petition in contempt of court cases, Election Petition etc. Parties Parties to a case are persons in the opposite sides of the case. The person who files the case and the person against whom the case is filed are generally called parties to the case who are arrayed in their respective ranks according to the nature of the case. Nature of the case Party who files the case Party against whom the case is fi! Suit Plaintiff Defendant Complaint Complainant Accused Acpeal Appelant Resoondent ‘Review fevision } Petitioner Respondent Original Petition