COI Unit-3 Part-2 Basic Information about Legal System

Que3.9. What’s the general court structure and scale in India? Answer 1. The Indian judicial system is a single intertwined system. 2. The Constitution of India divides the Indian bar into superior bar( the Supreme Court and the High Courts) and the inferior bar( the lower courts under the control of the High Courts). 3. The Supreme Court of India is the apex court of the country. It’s presided by the Chief Justice of India. 4. There are twenty- four High Courts in the country. 5. Each state has one High Court, although some High Courts have governance over multiple countries and Union homes. For illustration, the Guwahati High Court exercises governance over the countries of Assam, Nagaland, Mizoram and Arunachal Pradesh. 6. For executive convenience, countries are farthersub-divided into sections, each of which has its own District Court. 7. Barring a many countries, the original governance for both civil and felonious cases vests with the District Court. 8. The judicial system also consists of bars and commissions which are established under, and to deal with, specific bills. Que3.10. Write a short note on quarter courts in India. Answer 1. The quarter courts of India are the original quarter courts of the State governments for every quarter or for one or further sections together. 2. These Courts administer justice in India at a quarter position. 3. The loftiest court in each quarter is that of the District and Sessions Judge. 4. District and Sessions Judge is the top court of original civil governance besides the High Court of the State. 5. The quarter court is also a court of Sessions when it exercises its governance on felonious matters under the law of Felonious procedure. 6. The quarter court is presided over by one District Judge appointed by the state Governor with on the advice of state principal justice. 7. In addition to the quarter judge there may be a number of fresh District Judges and Assistant District Judges depending on the workload. 8. The fresh District Judge and the court presided have original governance as the District Judge and his quarter court. Que3.11. Write a short note on quarter consumer forum in India. Answer 1. To give simple, speedy and affordable redressal of consumer controversies, the CPA envisages a 3- leaguequasi-judicial ministry at the National, State and District situations. 2. District Consumer disagreement Redressal Forum, known as District Forum, deals with complaints involving costs and compensation lower than Rs. Twenty Lakh. 3. Consumers can file different types of complaints depending on their specific grievance by visiting the Consumer Court at the quarter position along with the documents needed for filing the complaint. 4. Following is a list of documents that the prospective suers need to carry with them to the Consumer Court at the time of filing the complaintA. Consumer Case( CC)i. Fee for making plaintiff, ii. Complaint with affidavit, iii. Supporting documents in favour of the complainte.g., damage, testimonialetc. iv. Limitations, if any( 2 times from cause of action)v. IndexB. eclectic operation( Mama)i. eclectic operation with affidavit ii. Supporting documents in favour of eclectic operation iii. IndexC. Criminal Petition( CP)i. IndexD. Interlocutory Application( IA)i. Complaint with affidavit ii. Supporting documents in favour of the complainte.g., damage, testimonialetc. iii. Limitations, if any( 2 times from cause of action) iv. figure for making complaintv. IndexE. prosecution operation( EA)i. prosecution operation with affidavit ii. pukka dupe of impugned order( s) iii. Limitations, if any iv. Index Que3.12. What do you understand by the term Bars? What’s the need of Tribunal? Answer 1. Tribunal is aquasi-judicial institution that’s set up to deal with problems similar as resolving executive or duty- related controversies. 2. A Tribunal, generally, is any person or institution having an authority to judge, arbitrate on, or to determine claims or controversies. 3. Bars weren’t part of the original constitution; it was incorporated in the Indian Constitution by 42nd Amendment Act, 1976. 4. It performs a number of functions likei. Adjudging controversies, ii. Determining rights between querying parties, iii. Making an executive decision, iv. Reviewing an being executive decision and so forth. Need of Tribunal 1. To overcome the situation that arose due to the pendency of cases in colorful Courts. 2. The bars perform an important and specialised part in justice medium. 3. They take a cargo off the formerly overburdened courts. 4. They hear controversies related to the terrain, fortified forces, duty and executive issues. Que3.13. Write a short note on High Courts in India. Answer 1. The loftiest judicial court in a state is the High Court. 2. It’s nominated as the alternate-loftiest in the country after Supreme Court of India. 3. presently, India has 25 High Courts established in different countries of the country. 4. The authorities of a High Court arei. Original Jurisdiction ii. Power of Superintendence iii. iv. Appellate Jurisdiction 5. The work of utmost high courts primarily consists of prayers from lower courts and writ desires in terms of Articles 226 and 227 of the constitution. Que3.14. Write a short note on Supreme Court of India. Answer 1. The Supreme Court of India is the country’s loftiest judicial court. It’s the final court of appeal in the country. 2. The Chief Justice of India is the head and principal judge of the Supreme Court and the court consists of a outside of 34 judges. 3. It takes up prayers against the verdicts of the High Courts, other courts and bars. 4. It settles controversies between colorful government authorities, between state governments, and between the centre and any state government. 5. It also hears matters which the President refers to it, in its premonitory part. 6. The law that Supreme Court declares is binding on all the courts in India and on the Union as well as the state governments. 7. The governance of the SC is of three typesi. Original ii. Appellate iii. Advisory 8. Supreme Court upholds the rule of law and also guarantees and protects citizens’ rights and liberties as given in the Constitution. thus, the Supreme Court is also known as the Guardian of the Constitution. Que3.15. What do you understand by the term Arbitration? Also mention types of Arbitration. Answer 1. Arbitration is a private arrangement of taking controversies to a lower inimical, less formal and more flexible forum and abiding by judgment, rather of carrying it to normal court. 2. Arbitration can be chosen by the parties either by way of an agreement or through the reference of the Court. 3. The parties in arbitration elect a good expert known as an adjudicator. 4. The process of disagreement resolution through arbitration is nonpublic. 5. The decision rendered by an adjudicator is known as an arbitral award. 6. The arbitral award is binding on the disputing parties. 7. Once an arbitral award is rendered, it’s recognised and executed akin to a court pronounced judgment. Types of Arbitration 1. Domestic Arbitration An arbitration with Indian parties, where the place of arbitration is in India and rules applicable are Indian. 2. Foreign Arbitration An arbitration where proceedings are conducted outside India and the award needs to be executed in India. 3. Ad- hoc Arbitration An arbitration which is governed by parties themselves. 4. Institutional Arbitration An arbitration where parties elect a particular institution. This institution in turn selects an adjudicator and lay out the rules applicable to arbitration. 5. Statutory Arbitration An arbitration which is mandatorily assessed on the parties by operation of a particular law or enactment, applicable to them. 6. International Commercial Arbitration An arbitration in which at- least one of the disputing parties is a occupant of a country other than India. Que3.16. Describe rights and duties of judges. Answer 1. An adjudicator must accept his appointment in jotting. similar acceptance may be made by subscribing the arbitration agreement. 2. An adjudicator must conduct the arbitration with due expeditiousness and take over measures on time in order to avoid any detention of the proceedings. 3. Unless agreed else, the parties may discharge by their concurrence an adjudicator that fails to perform his duties, or doesn’t perform them in a timely manner. 4. An adjudicator has the right to payment of charges and a figure for the work completed, unless he has waived these rights in jotting. 5. still, his decision doesn’t bind the parties unless they accept it, If an adjudicator has determined the quantum of his own charges and freights. Que3.17. Describe Arbitration and Conciliation Act of 1996. Answer 1. The Arbitration and Conciliation Act of 1996 is the applicable legislation that governs the process of arbitration in India. 2. The enactment provides for an elaborate codified recognition of the conception of arbitration. 3. The Indian Arbitration and Conciliation Act of 1996 is modelled on the United Nations Commission on International Trade Law( UNCITRAL). 4. The Arbitration and Conciliation Act, 1996 has steered a new period of disagreement resolution for domestic and marketable legal issues. 5. The Arbitration and Conciliation Act, 1996 was introduced in order to attract the ‘ transnational mercantile community ’. Que3.18. What do you understand by the term contract law? Also mention the essential rudiments of a contract. Answer 1. The Indian Contract Act is the law governing contracts in India. 2. According to the Indian Contract Act, 1872, an agreement that’s enforceable by law is a contract. 3. An agreement is a pledge. All agreements aren’t contracts. 4. Agreements must meet certain criteria- suchlike consideration, parties must be competent, free concurrence between parties, legal object in order to qualify as a contract. 5. It’s important that the persons to a contract should also have the intention and mindset to enter into contract.

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