Discuss & Learn How To Make Money Online
Would you like to react to this message? Create an account in a few clicks or log in to continue.

Go down
avatar
karan
Posts : 11270
Join date : 2019-01-07

What is the meaning of Judiciary System and how it works ? - Page 2 Empty Re: What is the meaning of Judiciary System and how it works ?

Fri Jan 11, 2019 12:30 pm
Precedent is sometimes overturned or disregarded by a court, but the policy generally provides continuity in courts’ interpretations of the law.
avatar
karan
Posts : 11270
Join date : 2019-01-07

What is the meaning of Judiciary System and how it works ? - Page 2 Empty Re: What is the meaning of Judiciary System and how it works ?

Fri Jan 11, 2019 12:30 pm
Let’s now take a look at the federal court system and why it’s so important.
avatar
daksh007
Posts : 11530
Join date : 2019-01-07

What is the meaning of Judiciary System and how it works ? - Page 2 Empty Re: What is the meaning of Judiciary System and how it works ?

Fri Jan 11, 2019 12:31 pm
The Indian Judicial System is one of the oldest legal systems in the world today. It is part of the inheritance India received from the British after more than 200 years of their Colonial rule, and the same is obvious from the many similarities the Indian legal system shares with the English Legal System.
avatar
daksh007
Posts : 11530
Join date : 2019-01-07

What is the meaning of Judiciary System and how it works ? - Page 2 Empty Re: What is the meaning of Judiciary System and how it works ?

Fri Jan 11, 2019 12:31 pm
The frame work of the current legal system has been laid down by the Indian Constitution and the judicial system derives its powers from it.
avatar
karan
Posts : 11270
Join date : 2019-01-07

What is the meaning of Judiciary System and how it works ? - Page 2 Empty Re: What is the meaning of Judiciary System and how it works ?

Fri Jan 11, 2019 12:31 pm
The legal system in the U.S. is based on the philosophy that the true
facts of a given situation--and hence justice--will emerge if the
parties to a court action act as adversaries rather than as cooperative
participants.
avatar
daksh007
Posts : 11530
Join date : 2019-01-07

What is the meaning of Judiciary System and how it works ? - Page 2 Empty Re: What is the meaning of Judiciary System and how it works ?

Fri Jan 11, 2019 12:32 pm
The Constitution of India is the supreme law of the country, the fountain source of law in India. It came into effect on 26 January 1950 and is the world’s longest written constitution.

avatar
karan
Posts : 11270
Join date : 2019-01-07

What is the meaning of Judiciary System and how it works ? - Page 2 Empty Re: What is the meaning of Judiciary System and how it works ?

Fri Jan 11, 2019 12:32 pm
The theory is that if each side vigorously advances its
own version of the facts, an impartial third person or group of persons
(judge or jury) will sift out the truth.
avatar
daksh007
Posts : 11530
Join date : 2019-01-07

What is the meaning of Judiciary System and how it works ? - Page 2 Empty Re: What is the meaning of Judiciary System and how it works ?

Fri Jan 11, 2019 12:32 pm
One of the most important powers of the Supreme Court of India is that any law declared or order/judgment passed by it is binding on all the courts within the territory of India.
avatar
daksh007
Posts : 11530
Join date : 2019-01-07

What is the meaning of Judiciary System and how it works ? - Page 2 Empty Re: What is the meaning of Judiciary System and how it works ?

Fri Jan 11, 2019 12:32 pm
The jurisdiction and powers of the Supreme Court (SC) are defined under Articles 131 to 142 of the Indian Constitution. The jurisdiction includes original, writ, and appellate jurisdiction.

avatar
karan
Posts : 11270
Join date : 2019-01-07

What is the meaning of Judiciary System and how it works ? - Page 2 Empty Re: What is the meaning of Judiciary System and how it works ?

Fri Jan 11, 2019 12:33 pm
Critics point out that this
system depends on equality of representation (assuming the parties are
proceeding through advocates).
avatar
karan
Posts : 11270
Join date : 2019-01-07

What is the meaning of Judiciary System and how it works ? - Page 2 Empty Re: What is the meaning of Judiciary System and how it works ?

Fri Jan 11, 2019 12:33 pm
If one advocate is better than the other,
or has more money to prepare the case, the truth may not emerge.
avatar
daksh007
Posts : 11530
Join date : 2019-01-07

What is the meaning of Judiciary System and how it works ? - Page 2 Empty Re: What is the meaning of Judiciary System and how it works ?

Fri Jan 11, 2019 12:33 pm
Original Jurisdiction refers to the power of the court to hear disputes when they arise for the first time. By exercising its power of Original jurisdiction the Supreme Court can hear disputes between,

Government of India (GoI) and one or more States, or

GoI & any State or States on one side and one or more States on the other, or

Two or more States, if it involves a question - of law or fact - on which depends the existence or extent of a legal right.
avatar
karan
Posts : 11270
Join date : 2019-01-07

What is the meaning of Judiciary System and how it works ? - Page 2 Empty Re: What is the meaning of Judiciary System and how it works ?

Fri Jan 11, 2019 12:33 pm
The adversary system's use has been especially criticized in family law
cases on the ground that it intensifies divisions within a family rather
than ameliorates them. Because cooperation between former spouses is
necessary if children are involved, the adversary system seems
particularly inappropriate in these instances.
avatar
daksh007
Posts : 11530
Join date : 2019-01-07

What is the meaning of Judiciary System and how it works ? - Page 2 Empty Re: What is the meaning of Judiciary System and how it works ?

Fri Jan 11, 2019 12:33 pm
Appellate jurisdiction refers to the power of the Apex court to hear appeals against any judgment, decree or final order (or sentence) of a High Court in a constitutional, civil or criminal case, where exists a substantial question of interpretation of

the constitution, or

a law of general importance
avatar
daksh007
Posts : 11530
Join date : 2019-01-07

What is the meaning of Judiciary System and how it works ? - Page 2 Empty Re: What is the meaning of Judiciary System and how it works ?

Fri Jan 11, 2019 12:34 pm
The jurisdiction of SC also encompasses matters which fell within the jurisdiction of the Federal Court under any law just before the commencement of the Indian Constitution.
avatar
daksh007
Posts : 11530
Join date : 2019-01-07

What is the meaning of Judiciary System and how it works ? - Page 2 Empty Re: What is the meaning of Judiciary System and how it works ?

Fri Jan 11, 2019 12:34 pm
The Supreme Court can also grant special leave to appeal against any judgment, decree, determination, sentence or order passed by any court or tribunal in the territory of India in any matter. The exception to this rule is the orders, judgments etc passed by any court or tribunal constituted by or under any law relating to the Armed Forces.

avatar
daksh007
Posts : 11530
Join date : 2019-01-07

What is the meaning of Judiciary System and how it works ? - Page 2 Empty Re: What is the meaning of Judiciary System and how it works ?

Fri Jan 11, 2019 12:34 pm
The High Courts of India are the supreme judicial authority at the State level. There are currently 21 High Courts in the country and of these the oldest High Court of India is the Kolkata High Court, which was established in the year 1862.
avatar
kavita123
Posts : 10734
Join date : 2019-01-07

What is the meaning of Judiciary System and how it works ? - Page 2 Empty Re: What is the meaning of Judiciary System and how it works ?

Fri Jan 11, 2019 12:34 pm
The judicial system is the name usually given to the authorities and agencies responsible for law and order and for legal security. ... Other authorities may also carry on work related to the judicial system, such as the Enforcement Authority (link opens in a new window
avatar
daksh007
Posts : 11530
Join date : 2019-01-07

What is the meaning of Judiciary System and how it works ? - Page 2 Empty Re: What is the meaning of Judiciary System and how it works ?

Fri Jan 11, 2019 12:34 pm
Any law declared or orders/judgments passed by them are not binding on the other High Courts (HCs) of the country or the subordinate courts which fall under the purview of the other HCs unless the other High Courts choose to follow such law or order or judgment.
avatar
karan
Posts : 11270
Join date : 2019-01-07

What is the meaning of Judiciary System and how it works ? - Page 2 Empty Re: What is the meaning of Judiciary System and how it works ?

Fri Jan 11, 2019 12:34 pm
In response, a number of innovative procedures are being used to help spouses and domestic partners resolve their disputes without recourse to the traditional adversarial approach.
avatar
daksh007
Posts : 11530
Join date : 2019-01-07

What is the meaning of Judiciary System and how it works ? - Page 2 Empty Re: What is the meaning of Judiciary System and how it works ?

Fri Jan 11, 2019 12:35 pm
They have the power to issue writs, just like the Apex court, under Article 226 of the Constitution, but with one difference. While the Supreme Court has the power to issue writs to enforce only the rights provided under Part III of the Constitution, the High Courts can issue writs for enforcement of the rights under Part III as well as “for any other purpose”.

avatar
daksh007
Posts : 11530
Join date : 2019-01-07

What is the meaning of Judiciary System and how it works ? - Page 2 Empty Re: What is the meaning of Judiciary System and how it works ?

Fri Jan 11, 2019 12:35 pm
Just like in the case of the Supreme Court, the writ jurisdiction of the High Court is also part of their Original jurisdiction, since all writ petitions are filed directly before the High Court. Apart from writ petitions, any civil or criminal case which does not fall within the purview or ambit of the subordinate courts of a State, due to lack of pecuniary or territorial jurisdiction, can be heard by the High Court of that State.
avatar
daksh007
Posts : 11530
Join date : 2019-01-07

What is the meaning of Judiciary System and how it works ? - Page 2 Empty Re: What is the meaning of Judiciary System and how it works ?

Fri Jan 11, 2019 12:35 pm
Also certain other matters or issues may be heard by the High Court as part of its original jurisdiction, if the law laid down by the legislature provides for it. For example, the company law cases fall within the original jurisdiction of the High Court.
avatar
daksh007
Posts : 11530
Join date : 2019-01-07

What is the meaning of Judiciary System and how it works ? - Page 2 Empty Re: What is the meaning of Judiciary System and how it works ?

Fri Jan 11, 2019 12:35 pm
, the High Courts’ work primarily consists of appeals from the lower courts as well as the writ petitions filed before it under Article 226.

avatar
kavita123
Posts : 10734
Join date : 2019-01-07

What is the meaning of Judiciary System and how it works ? - Page 2 Empty Re: What is the meaning of Judiciary System and how it works ?

Fri Jan 11, 2019 12:35 pm
Th­e United States is renowned for ha­ving one of the most sophisticated judicial systems in the world. Every day thousands of people, including law enforcement officers, lawyers, judges, government officials and ­even accused criminals, take part in this system, hoping to settle disputes and work for justice.
Sponsored content

What is the meaning of Judiciary System and how it works ? - Page 2 Empty Re: What is the meaning of Judiciary System and how it works ?

Back to top
Permissions in this forum:
You cannot reply to topics in this forum