Senior
Advocate
An advocate who has been
designated as such by either the Supreme Court or the High Court. A Senior
Advocate cannot file a vakalathnama, appear in the Court without another
advocate or advocate-on-record, cannot directly accept an engagement to appear
in a case or draft pleadings. A senior advocate argues cases in Court upon
instructions from another advocate. Senior advocates wear gowns that have flaps
on the shoulders.
Show
Cause
See issue notice, rule nisi.
Solicitor
See advocate.
Special
Leave Petition
The correctness of any order
made by any court or tribunal can be questioned by filing a petition in the
Supreme Court under Article 136 of the Constitution. If the Supreme Court
grants permission, i.e. "leave", the petition is registered as an
appeal.
Standing
See locus standi.
Stare
decisis
The principle that decisions of
Courts in previous cases must be followed in subsequent cases of similar
nature.
Stare
decisis
The principle that decisions of
Courts in previous cases must be followed in subsequent cases of similar
nature.
Statute
A codified law that is enacted
by the Parliament or a State Legislature. A statute may provide for the making
of Rules and Regulations by the executive to facilitate its implementation.
Stay
Order
A party filing a petition may
require some immediate relief, even before the respondents can be heard or a
final decision given. An application is filed seeking an interim order either
to prevent the respondents from performing an action that will affect the
rights of the petitioner or to prevent an order from being carried out.
Sub
judice
A matter pending decision by a
Court. Parties to such a matter are required not to do anything that would
affect the outcome of the case.
Sui
generis
Translated from the Latin as
’of his/her own kind’, this means that a person, place or thing is of a
distinctive nature.
Suo
Motu
The Court may take action on
its own when facts requiring legal intervention reach its notice. The Court is
then said to be acting suo moto.
Supreme
Court
The highest court in the
country constituted under Article 124 of the Constitution. Its decisions are
law under Article 141 and are binding on all lower courts. It has unlimited
powers to do complete justice. It exercises original as well as appellate jurisdiction.
Under Article 143 the President of India can ask the Supreme Court for an
opinion on questions of law or fact. States can file suits against each other
or against the Union of India under Article 131. The Supreme Court can transfer
cases to itself from the High Courts or from one High Court to another under
Article 139A of the Constitution. It can also transfer civil cases from one
Court to another under S 25 of the Code of Civil Procedure, 1908, and likewise
criminal cases under S 406 of the Code of Criminal Procedure, 1973. Apart from
special leave petitions, in certain instances, appeals can be filed directly
against the judgments of lower courts and tribunals. Petitions challenging the
election of the President or Vice-President of India are also filed directly in
the Supreme Court. The chairperson of a public service commission may be
removed only after an inquiry by the Supreme Court. The Supreme Court has a
sanctioned strength of 31 judges, headed by the Chief Justice of India. The
seat of the Supreme Court is New Delhi and its language is English.
No comments:
Post a Comment