Judicial and Administrative Framework – CS Professional Study Material

Chapter 1 Judicial and Administrative Framework – CS Professional Drafting, Pleadings and Appearances Notes is designed strictly as per the latest syllabus and exam pattern.

Judicial and Administrative Framework – Drafting, Pleadings and Appearances Study Material

Question 1.
Write note on the following:
Affidavits (Dec 2012, 4 marks)
Answer:
An affidavit being a statement or declaration on oath by the deponent, is an important document. Therefore, great care is required in drafting it. The consequences of a false affidavit are serious. The following rules should be remembered when drawing up an affidavit:

  1. Not a single allegation more than is absolutely necessary should be inserted;
  2. The person making the affidavit should be fully described in the affidavit;
  3. An affidavit should be drawn up in the first person;
  4. An affidavit should be divided into paragraphs, numbered consecutively and as far as possible, each paragraph should be confined to a distinct portion of the subject;
  5. Every person or place referred to in the affidavit should be correctly and fully described, so that he or it can be easily identified;
  6. When the declarant speaks of any fact within his knowledge he must do so directly and positively using the words “I affirm” or “I make oath and say”;
  7. Affidavit should generally be confined to matters within the personal knowledge of the declarant and if any fact is within the personal knowledge of any other person and the petitioner can secure his affidavit about it, he should have it filed. But in interlocutory proceedings, he is also permitted to verify facts on information received, using the words “I am informed by so and so” before every allegation which is so verified. If the declarant believes the information to be true, he must add “and I believe it to be true”.

Judicial and Administrative Framework - CS Professional Study Material

Question 2.
Write note on the following:
Applicability of principle of res judicata. (June 2019, 4 marks)
Answer:
The principle of res judicata aims at bringing finality to the litigation. The basic principle is that a final judgement rendered by a court of competent jurisdiction is conclusive on merits as to rights of the parties and constitutes an absolute bar against subsequent action involving the same claim. In other words, a matter once litigated, when it is adjudicated on merits, the same matter must not agitated in another court.

The principle of resjudicata applies only under following circumstances:

  • The matter directly and substantially in issue has been directly and substantially in issue in a former suit between same parties or between whom they claim litigation under the same title.
  • The matter is in the competent court to try such subsequent suit or the suits in which such issue has been subsequently raised and has been heard and finally decided.

The word former suit means suit decided prior, irrespective of the date of institution.

The matter must be decided on merits i.e. the issue was alleged by one party and denied by the other. The principle of res-judicata is one of convenience and not one of absolute justice and it should not be unduly conditioned and qualified by technical interpretations.

Judicial and Administrative Framework - CS Professional Study Material

Question 3.
Write notes on the following:
Powers of Parliament to delegate and limitations of Law making role of the Parliament. (Dec 2020, 4 marks)
Answer:
In view of the multifarious activities of a welfare state, the legislature cannot work out all the details to fit the varying aspects of complex situations.

It must necessarily delegate the working out of details to the executive or any other agency.

Hence, one of the most significant developments of the present century is the growth in the legislative powers of the executives.

There is no such general power granted to the executive to make l^w, it only supplements the law under the authority of legislature.

This supplementary legislation is called as ‘delegated legislation’ or ‘subordinate legislation’.

The development of the legislative powers of the administrative authorities in the form of the delegated legislation occupies very important place in the study of the administrative law.

The Parliament cannot supply the necessary quantity and quality legislation for effective running of the country. Some of the limitation of the law making role of the Parliament are as under:

(i) Limited period of time: The Parliament conducts its session only for a limited period of time whereas the complexity of modern administration requires that there must be a lawmaking body available on tap. Certain emergency situations may arise which necessitate special measures.

(ii) Complicated and technical matters: The volume of the business of the Parliament has increased and it has no time for the consideration of complicated and technical matters. The Parliament cannot provide the society with the requisite legislation because of lack of time.

(iii) Handling by experts: Certain matters covered by delegated legislation are of technical nature which require handling by experts. In such cases it is inevitable that powers to deal with such matters is given to the appropriate administrative agencies to be exercised according to the requirements of the subject matter.

(iv) Removal of difficulty clause: Parliament while deciding upon a certain course of action cannot foresee the difficulties, which may be encountered in its execution. Accordingly various statutes contain a ‘removal of difficulty clause’ empowering the administration to remove such difficulties by exercising the powers of making rules and regulations.

(v) Flexibility: The practice of delegated legislation introduces flexibility in the law. The rules and regulations, if found to be defective, can be modified quickly.

Judicial and Administrative Framework - CS Professional Study Material

Question 4.
Write notes on the following:
Supreme Court of India plays the role of the guardian of Constitution of India. (Dec 2020, 4 marks)
Answer:
(1) Supreme Court of India is the highest level of Court of Indian juridical system which is established as per Part V, Chapter IV of the Constitution of India. It plays the role of the guardian of the Constitution of India.

(2) The Supreme Court exercises original jurisdiction exclusively to hear the cases of disputes between the Central Government and the State Governments or between the States. The Supreme Court has original but not exclusive jurisdiction for enforcement of Fundamental Rights as per the provision of Constitution of India through the way of writs. This Court is also an appellate Court.

(3) Supreme Court has the power to exercise extra ordinary jurisdiction to hear any appeal related to any matter for which any court or tribunal had decided with judgment through the option of special leave petition except the case of tribunal related to Armed Forces.

(4) Supreme Court has the power to withdraw or transfer any case from any High Court. The Supreme Court has the authority to review any verdict ordered. The order of Supreme Court is binding on all courts across India.

(5) Advisory jurisdiction : The Supreme Court has the option to report its opinion to the President about any questions raised of public importance referred to it by the President.

Judicial and Administrative Framework - CS Professional Study Material

Question 5.
Distinguish between the following:
‘Revision’ and ‘appeal’. (Dec 2014, 4 marks)
Answer:
Difference between Revision and Appeal

Revision Appeal
Application for revision can be made only to the High Court. Appeal can be preferred to any Court superior to one from whose decree or order appeal is sought to be preferred. That superior court need not necessarily be a High Cburt.
Application for revision can be made to the High Court only when relief by way of appeal is not available. Appeal lies only from appealable decrees and orders.
Revision cannot be applied for as a right. Right of appeal is substantive, given by law.
The power of the High Court to exercise revisional jurisdiction either of its own motion or on the request of a party is discretionary. The Court to which an appeal has been preferred is bound to consider it according to the procedure prescribed.
If a party is dead and his legal representatives are not brought on the record within the prescribed time, the revision does not abate the High Court has power to bring the party to the Court. In the event of the death of a party if his legal representatives are not brought on the record within the time prescribed by law, the appeal abates.
Revision can be applied for only on grounds of jurisdiction and not on the question of law or fact. In an appeal the appellate Court has power to consider both the question of law and fact.

Judicial and Administrative Framework - CS Professional Study Material

Question 6.
Distinguish between “Summons and Warrant”. (June 2019, 4 marks)
Answer:
Summon Case: According to section 2(w) of the Code of Criminal Procedure, 1973 summon-case means a case relating to an offence, and not being a warrant-case. Those cases in which an offence is punishable with an imprisonment of fewer than two years is a summons case. A summons case doesn’t require the method of preparing the evidence.

Nevertheless, a summons case can be converted into a warrant case by the Magistrate if after looking into the case he thinks that the case is not a summon case.

Important points about summons case are as under:

  • A summons case can be converted into a warrant case.
  • The person accused need not be present personally.
  • The person accused should be informed about the charges orally. No need for framing the charges in writing.
  • The accused gets only one opportunity to cross-examine the witnesses

Warrant Case : According to Section 2(x) of Code of Criminal Procedure, 1973 a warrant case is one which relates to offences punishable with death, imprisonment for life or imprisonment for a term exceeding two years. The trial in warrant cases starts either by the filing of FIR in a police station or by filing a complaint before a Magistrate.

Later, if the Magistrate is satisfied that the offence is triable exclusively by the Court of Session, he sends the case to the Sessions court for trial. The process of sending it to Sessions court is called “committing it to Sessions court”.

Important features of a warrant case are as under:

  • Charges must be mentioned in a warrant case
  • Personal appearance of accused is mandatory
  • A warrant case cannot be converted into a summons case
  • The accused can examine and cross-examine the witnesses more than once
  • The Magistrate should ensure that the provisions of Section 207 are complied with. Section 207 of Cr. P.C. 1973, include the supply of copies such as police report, FIR, statements recorded or any other relevant document to the accused.

Judicial and Administrative Framework - CS Professional Study Material

Question 7.
Distinguish between the following :
Summons case and warrants case. (Dec 2019, 4 marks)

Question 8.
Distinguish between the following :
Distinguish between Appeal and Review. (Dec 2021, 4 marks)

Question 9.
Summary trial. (June 2019, 4 marks)
Answer:
Summary trial is the name given to trials where cases are disposed of speedily and the procedure are simplified and the recording of such trials are done summarily. Summary trials provide to procure justice even for small offences that may otherwise have taken years to complete legal proceedings.

Those cases in which an offence is punishable with an imprisonment of not more than six months can be tried in a summary way. Summary trials may be conducted in High Courts, City Civil Courts or Courts of Small Causes. It may also be conducted in certain other courts. However, the High Court may by notification in the Official Gazette order that only a particular category of suits may be tried by such court.

The trial procedure is provided from Section 260 to Section 265 of the Code of Criminal Procedure, 1973. The procedure followed in the summary trial is similar to summons case. In the judgement of a summary trial, the judge should record the substance of the evidence and a brief statement of the finding of the court with reasons. Imprisonment up to three months can be passed.

Stages of Criminal Trial in Summary Cases:

  • The procedure followed in the summary trial is similar to summons-case.
  • Imprisonment up to three months can be passed.
  • In the judgement of a summary trial, the judge should record the substance of the evidence and a brief statement of the finding of the court with reasons.

Judicial and Administrative Framework - CS Professional Study Material

Question 10.
‘Limited judicial control over delegated legislation can be exercised by the courts’. Discuss and cite leading case law, if any. (Dec 2019, 5 marks)
Answer:
Judicial control over delegated legislature can be exercised at the following two levels:
(1) Delegation may be challenged as unconstitutional; that is the delegation can be challenged in the courts of law as being unconstitutional, excessive or arbitrary
or

(2) That the Statutory power has been improperly exercised.
Limitations of delegated legislation set out under Article 13(3)(a) of the Constitution of India are as under :-
(a) Delegated Legislation should not infringe any provisions, basic structure (e.g Keshavananda Bharati, a famous case) or even the philosophy as described in The Preamble of the Constitution of India.
(b) Delegated Legislation should not infringe any fundamental right. J Even the procedure must confirm such rights.
(c) Delegated Legislation should be within the limits laid down in the statue. The validity of the rules can be described at this stage in two ways

  1. They run counter to the provisions of the Act, and
  2. They have been made in excess of the authority delegated by the legislature. Here the substance of the Rules and Regulations impugned has to be looked into and not the procedural requirements of the rule-making that may be prescribed in the statue. Latter is looked into procedural ultra vires rule.

High Court and Supreme Court have struck down defective Delegated Legislation Rules etc time and again.

Judicial and Administrative Framework - CS Professional Study Material

Question 11.
Explain the principle of res-judicata and it’s impact on litigation. (Dec 2020, 5 marks)

Question 12.
When are issues framed by the court? On what basis, issues are framed? (Dec 2020, 4 marks)
Answer:
The Court shall at first hearing, after reading the plaint and written statement ascertain upon what material propositions of facts or law parties are at variance.

Court is required to pronounce judgement on all the issues. Issues may be framed from allegations made on oath by the parties or in answer to interrogatories or from contents of documents produced by either party.

If the Court is of the opinion that the case or any part thereof may be disposed of on issue of law only, it may first try it, if issue relates to:

  1. Jurisdiction of the Court,
  2. Bar to the suit created by law for the time being in force.

Where the parties are at issue on some question of law or fact and issues have been framed by the Court as herein-above provided, if the Court is satisfied that no further argument or evidence than what the parties can at once adduce is required upon such of the issues as may be sufficient for decision of the suit and that no injustice will result from proceeding with the suit forthwith, the Court may proceed to determine such issues and if the finding thereon is sufficient for the decision, may pronounce judgement accordingly.

Judicial and Administrative Framework - CS Professional Study Material

Question 13.
Review of a case means re-examination or reconstruction of its own decision by the same court. Explain. (Dec 2020, 4 marks)
Answer:
Review means re-examination or re-consideration of its own decision by the very same court. An application for review may be necessitated by way of invoking the doctrine ‘actus curiae neminem gravabit which means an act of the Court shall prejudice no man. The other maxim is, ‘lex non cogit ao impossibillia’ which means the law does not compel a man to do that what he cannot possibly perform.

Section 114 of the Code of Civil Procedure, 1908 provides for a substantive power of review by a Civil Court and consequently by the appellate courts.

Section 114 of the code, although does not prescribe any limitation on the power of the court but such limitations, have been provided for in Order 47, Rule 1 of the CPC.

The section is worded as follows:
Review – Subject as aforesaid, any person considering himself aggrieved –
(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred
(b) by a decree or order from which no appeal is allowed by, this Code, or
(c) by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit.

An ‘aggrieved’ person is one who has suffered a legal grievance, i.e., against whom a decision has been pronounced which has wrongfully affected his title or wrongfully deprived him of something which he was entitled to.

All decrees or orders cannot be reviewed. The right of review has been conferred by Section 114 and Order XLVII of the Code.

Judicial and Administrative Framework - CS Professional Study Material

Question 14.
Illuminate the consequence of a civil suit in the following independent situations: (Aug 2021, 5 marks)

  1. Defendant has not appeared on the day fixed and the case not been adjourned.
  2. It was found that summons was not served to defendant for the day so fixed for appearance.
  3. Neither the plaintiff nor the defendant appears before the court on the day so fixed.
  4. The defendant appears and does not admit claim partly or wholly, but the plaintiff does not appear.
  5. The defendant appears and admits claim partly or wholly, but the plaintiff does not appear.

Answer:

  1. If defendant is absent, court may proceed ex-parte, if case not been adjourned.
  2. If it is observed that summon is not been served, the court may dismiss the suit.
  3. Where neither the plaintiff nor the defendant appears, the court may dismiss the suit.
  4. Where the defendant does not admit the plaintiff’s claim and plaintiff does not appear, the court may dismiss it.
  5. Where the defendant admits the plaintiff’s claim partly or wholly, the decree will be passed accordingly. If the defendant admits the claim, or part thereof, in which case the Court shall pass a decree against the defendant upon such admission, and where part only of the claim has been admitted, shall dismiss the suit so far as it relates to the remainder.

Judicial and Administrative Framework - CS Professional Study Material

Question 15.
“No revision where right to appeal exists”. Comment and state when revision may be treated as an appeal? (Aug 2021, 5 marks)
Answer:
Section 401 (4) of the Code of Criminal Procedure, 1973 (Cr. P.C.), provides that the party having right of appeal cannot apply for revision. The Cr. P.C. provides a remedy, by way of revision under Chapter XXX and if the party does not file an appeal against an order of the inferior criminal Court, he will not be permitted to prefer a revision against that order.

But legal bar does not stand in the way of High Court’s exercise of power of revision suomotu. It can itself call for the records of proceedings of any inferior criminal Court and has power to enhance the sentence by exercising its revisional jurisdiction.

According to section 115(2) the Code of Civil Procedure, 1908, the High Court shall not, under section 115, vary or reverse any decree or order against which an appeal lies either to the High Court or to any Court subordinate thereto.

According to section 401 (5) if an appeal lies under the Code of Criminal Procedure, 1973 but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interest of Justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly.

Judicial and Administrative Framework - CS Professional Study Material

Question 16.
“Tribunals are a part of the executive branch of the government which are assigned with the powers and duties to act in judicial capacity for settlement of disputes.” Comment and name any four of such tribunals along with the aim of formation. (Aug 2021, 4 marks)
Answer:
Tribunals in India are a part of the Executive Branch of the Government which are assigned with the powers and duties to act in judicial capacity for settlement of disputes. Part XIVA of the Constitution of India makes provisions for establishment and functioning of the Tribunals in India. They are quasi-judicial bodies that are less formal, less expensive and enable speedy disposal of cases.

  1. Debt Recovering Tribunal (DRT) has been established for expeditious adjudication and recovery of debts in order to reduce the non-performing assets.
  2. National Company Law Tribunal (NCLT) consolidates the corporate jurisdiction of Company Law Board, Board for Industrial and Financial Reconstruction, Appellate Authority for industrial and financial reconstruction and winding up matters etc. vested with High Court.
  3. Consumer Forum has been established for settlement of consumer disputes.
  4. Motor Accident Claims Tribunal deals with matters relating to compensation of motor accidents.
  5. National Green Tribunal disposes cases relating to environmental protection and conservation of forests etc.

Judicial and Administrative Framework - CS Professional Study Material

Question 17.
Discuss the stages of Criminal Trial in Summons Cases. (Dec 2021, 4 marks)
Answer:
Stages of Criminal Trials in Summons Case are as given below:-
1. Pre-trial : In the pre-trial stage, the process such as filing of FIR and investigation is conducted.

2. Charges : In summons trials, charges are not framed in writing. The accused appears before the court or is brought before the court then the Magistrate would orally state the facts of the offense he is answerable.

3. Plea of guilty: The Magistrate asked the accused if he pleads guilty or has any defence to support his case. If the accused plead guilty, the Magistrate records the statement in words of the accused as far as possible and may convict him on his discretion.

4. Plea of guilty and absence of accused : In cases of petty offences, where the accused want to plead the guilty without appearing before the Court, the accused should send a letter containing an acceptance of guilt and the amount of fine provided in summons. The Magistrate can on his discretion convict the accused.

5. Prosecution and defence evidence : If the accused does not plead guilty, then the process of trial starts. The prosecution and the defence are asked to present evidence in support of their cases. The Magistrate is also empowered to take the statement of the accused.

6. Judgement: When the sentence is pronounced in a summons case, the parties need not argue on the quantum of punishment given. The sentence is the sole discretion of the Judge.

Judicial and Administrative Framework - CS Professional Study Material

Question 18.
Explain Interlocutory proceedings and Interlocutory Orders. (Dec 2021, 4 marks)
Answer:
Interlocutory Proceedings :

  • Interlocutory proceedings are court hearings that focus on a specific matter related to a trial during the life cycle of the case.
  • The period involved between initiation and disposal of litigation is substantially long.
  • The intervention of the court may sometimes be required to maintain the position as it prevailed on the date of litigation.
  • In legal parlance it is known as “status quo”.
  • It means preserving existing state of things on a given day. In that context interlocutory orders are provisional, interim, and temporary as compared to final. ”
  • It does not finally determine cause of action but only decides some intervening matter pertaining to the cause.
  • The procedure followed in the court is that the separate application for interim relief is moved at the time of filing of suit or at a subsequent stage.
  • The court either grants the order ex-parte or issues urgent show cause notice and the reply is to be filed within short time.

Judicial and Administrative Framework - CS Professional Study Material

Interlocutory order:

  • An order which is not final but merely provisional or temporary is generally known as interlocutory order.
  • But the true test of determining whether or not, an order is interlocutory in nature is whether the order in question finally disposes of the rights of the parties or leaves the case still alive and undecided.
  • For Example, grant or cancellation of bail, adjournment of cases, etc. are interlocutory orders.
  • The Supreme Court has, however, held that the term ‘interlocutory order’ as used in Section 397(2) should be given liberal construction in favour of the accused in order to ensure fairness of the trial and the revision power of the High Court or the Sessions Judge could be attracted to “intermediate’ or ‘quasi-final orders which are not purely interlocutory in nature.

Question 19.
“The system of Appeal provides an opportunity to correct Judicial Orders which otherwise would operate unjustly” Elaborate with relevant provision under the Civil Procedure Code, 1908 and the Criminal Procedure Code, 1973. (June 2022, 5 marks)

Question 20.
Draft the following as per the instructions (Assume facts, if required):
Specimen application for review of a judgment. (June 2022, 4 marks)

Judicial and Administrative Framework - CS Professional Study Material

Question 21.
(i) Explain various stages of a criminal trial in a warrant case. (June 2022) (6 marks)
(ii) “A subordinate Court cannot be supposed to entertain a reasonable doubt on a point of Law.” Explain and state various provisions of reference under the Civil Procedure Code, 1908. (6 marks)

Question 22.
Sohan is tried summarily by the Metropolitan Magistrate on the charge of committing theft and is sentenced to undergo imprisonment for a period of six months. Can Sohan challenge this decision ? If so, on what grounds? (June 2012, 5 marks) [CSEP -1]
Answer:
Sohan can challenge the decision of the court.

A ‘summary trial’ is a fast-track procedure that provides for speedy trial of cases. Under Section 260 of the Code of Criminal Procedure, 1973, any Magistrate of First Class or a Metropolitan Magistrate or a Chief Judicial Magistrate can hear cases of offences not punishable with death, life imprisonment or even imprisonment of more than two years in a summary trial.

Included would be offences like petty theft (where the value of the stolen property does not exceed rupees two hundred), assisting in such theft * or in keeping its proceeds hidden, acquiring or keeping such stolen property, trespass, breaking into a house, insulting someone with the intention of provoking him to a violent act, and helping anyone in the performance of these crimes.

Section 261 covers the conduct of a summary trial by a Magistrate of second class.

Section 262 provides the procedure involved in a summary trial. These cases are also known as summons cases, since they do not normally make use of warrants. Moreover, the maximum punishment that can be pronounced in such cases is of imprisonment upto three months.

Judicial and Administrative Framework - CS Professional Study Material

Question 23.
Rush Bank, a banking company, wants to take action against the defaulting borrower, being Company Secretary advise the appropriate forum to file the petition. Suggest, whether THFL, and MBFC (not a banking company) can file the petition against the defaulting borrower before the same forum ? Give a reasoned reply. (Dec 2019, 4 marks)
Answer:
The Debt Recovery Tribunals have been constituted under Section 3 of the Recovery of Debts Due to Banks and Financial Institutions (RDDBFI) Act, 1993. The original aim of the Debts Recovery Tribunal was to receive claim applications from Banks and Financial Institutions against their defaulting borrowers. Debt Recovery Tribunal (DRT) was established for expeditious adjudication and recovery of debts due to banks and financial institutions in order to reduce the non-performing assets of the Banks and Financial Institutions.

DRT acts as a single judicial forum for adjudication of cases as well as execution of the decrees passed for recovery of debts due to banks and financial institutions under RDDBFI Act and Securitisation and Reconstruction of Financial Assets „.id Enforcement of Security Interests (SARFAESI) Act, 2002.

Hence Rush Bank can file the petition before the Debt Recovery Tribunal against the defaulting borrower.

Assuming THFL and MBFC (not a banking company) being financial institutions can also file the petition before the Debt Recovery Tribunal against the defaulting borrower.

Judicial and Administrative Framework - CS Professional Study Material

Question 24.
Write short note on Interlocutory order.
Answer:
Sub-section (2) section 397 bars the exercise of revisional power in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding. The statutory bar on the power of revision in relation to interlocutory orders is intended with the object of eliminating inordinate delay in the disposal of criminal cases and to ensure expeditious trials.

What is an interlocutory order has always been a debatable issue, more so, because it has not been defined anywhere in the Code of Criminal Procedure. An order which is not final but merely provisional or temporary is generally called an interlocutory order. But the true test of determining whether or not, an order is interlocutory in nature is whether the order in question finally disposes of the rights of the parties or leaves the case still alive and undecided. For instance, grant or cancellation of bail, adjournment of cases, etc. are interlocutory orders.

The Supreme Court has, however, held that the term ‘interlocutory order’ as used in Section 397(2) should be given liberal construction in favour of the accused in order to ensure fairness of the trial and the revisional power of the High Court or the Sessions Judge could be attracted to ‘intermediate’ or ‘quasi-final’ orders which are not purely interlocutory in nature.

Judicial and Administrative Framework - CS Professional Study Material

Question 25.
Write short note Debt Recovery Tribunal.
Answer:
The Debt Recovery Tribunals have been constituted under Section 3 of the Recovery of Debts Due to Banks and Financial Institutions (RDDBFI) Act, 1993. The original aim of the Debts Recovery Tribunal was to receive claim applications from Banks and Financial Institutions against their defaulting borrowers. (DRT) was established for expeditious adjudication and recovery of debts due to banks and financial institutions in order to reduce the non-performing assets of the Banks and Financial Institutions.

Prior to the introduction of Debt Recovery Tribunal, petitions had to be filed separately for adjudication of cases and execution proceedings in different courts depending upon their jurisdiction. DRT acts as a single judicial forum for adjudication of cases as well as execution of the decrees passed for recovery of debts due to banks and financial institutions under RDDBFI Act and Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interests (SARFAESI) Act, 2002.

Judicial and Administrative Framework - CS Professional Study Material

Question 26.
Write short note Ex-parte Decree.
Answer:
A decree against the Defendant without hearing him or in his absence/in absence of his defence can be passed under the following circumstances:-
(i) Where any party from whom a written statement is required fails to present the same within the time permitted or fixed by the court, as the case may be the court shall pronounce judgement against him, or make such order in relation to the suit as it thinks fit and on pronouncement of such judgement a decree shall be drawn up.

(ii) Where Defendant has not filed a pleading, it shall be lawful for the court to pronounce judgement on the basis of facts contained in the plaint, except against person with disability.

(iii) Where the Plaintiff appears and Defendant does not appear when suit is called up for hearing and summons is properly served the court may make an order that suit will be heard ex parte.

f an exparte decfee is passed and the Defendant satisfies that he was prevented by sufficient cause then he has the following remedies open:

  1. Prefer appeal against decree.
  2. Apply for Review.
  3. Apply for setting aside the Ex-parte Decree.

The words “Sufficient Cause” has not been defined and it will depend on facts and circumstances of each case.

The Defendant is not entitled to approach the court to set aside the exparte decree as a matter of right. An exparte decree is an equally effective decree unless set aside in appeal or by the same court. The court, which passed exparte decree, has the power to set aside the decree.

Judicial and Administrative Framework - CS Professional Study Material

Question 26.
Discuss modes of control over delegated legislation.
Answer:
Modes of control over delegated legislation: The practice of conferring legislative powers upon administrative authorities though beneficial and necessary Is also dangerous because of the possibility of abuse of powers and other attendant evils.

There is consensus of opinion that proper precautions must be taken for ensuring proper exercise of such powers. Wider discretion is most likely to result in arbitrariness. The exercise of delegated legislative powers must be properly circumscribed and vigilantly scrutinized by the Court and Legislature. The control of delegated legislation may be one or more of the following types:

  1. Procedural;
  2. Parliamentary; and
  3. Judicial

1. Procedural: Control of delegated legislation by procedure – From the citizen’s post of view the most beneficial safeguard against the dangers of the misuse of delegated Legislation is the development of a procedure to be followed by the delegates while formulating rules and regulations.

The Acts of Parliament delegating legislative powers to other bodies or authorities often provide certain procedural requirements to be complied with by such authorities while making rules and regulations etc. These formalities may consist of consultation with interested bodies, publication of draft rules and regulations, hearing of objections, considerations of representations etc.

Judicial and Administrative Framework - CS Professional Study Material

2. Parliamentary: Parliamentary control in India over delegation: Discretion as to the formulation of the legislative policy is prerogative and function the legislature and it cannot be delegated to the executive. Discretion to make notifications and alterations in an Act while extending it and to effect amendments or repeals in the existing laws is subject to the condition precedent that essential legislative functions cannot be delegated. In order to avoid the dangers, the scope of delegation is strictly circumscribed by the Legislature by providing for adequate safeguards, controls and appeals against the executive orders and decisions.

3. Judicial: Judicial control over delegated legislature can be exercised at the following two levels:
1. Delegation may be challenged as unconstitutional; that is the delegation can be challenged in the courts of law as being unconstitutional, excessive or arbitrary or

2. That the Statutory power has been improperly exercised.

3. The scope of permissible delegation is fairly wide. Within the wide limits delegation is sustained if it does not, otherwise; infringe the provisions of the Constitution. Article 13(3)(a) of the Constitution of India lays down that law, which includes any ordinances, order, by-law, rule, regulation, notification, etc. if found in violation of fundamental rights would be void. The limitations imposed by the application of the rule of ultra vires are quite clear. If the Act of the Legislature under which power is delegated is ultra vires, the power of the legislature in the delegation can never be good.

4. The court can inquire into whether delegated legislation is within the limits laid down by the statute. The validity of the rules may be assailed as the stage in two ways:-

  1. That they run counter to the provisions of the Act; and
  2. That they have been made in excess of the authority delegated by the legislature.

Judicial and Administrative Framework - CS Professional Study Material

Question 27.
Discuss procedural aspects of working of Civil Courts.
Answer:
Procedural aspects of working of Civil Courts:
1. Jurisdiction: The Civil Procedure Code,1908 stipulates that the courts shall have jurisdiction to try all suits of a civil nature excepting suits of which cognizance is either expressly or impliedly barred.
The jurisdiction is basically of three types.
(a) Pecuniary
(b) Territorial: The purpose of territorial jurisdiction is to ensure smooth and speedy trial of the matter with least inconvenience to the affected parties.
(c) As to subject matter: For example, Motor Vehicles Act provides for special tribunal for matters under it.

Similarly disputes relating to terms of sen/ice of government servants go to Administrative Tribunals. .

2. Stay: With the object of preventing courts of concurrent jurisdiction simultaneously trying two parallel suit in respect of the same matter in issue, Civil Procedure Code has vested inherent power in the court to stay the suit.

3. Res Judicata and bar to further Suits: The principle of res judicata aims at bringing finality to the litigation. The basic principle is that a final judgement rendered by a court of competent jurisdiction is conclusive on merits as to rights of the parties and constitutes an absolute bar against subsequent action involving the same claim.

4. Plaint: The entire legal machinery under the Civil Law is set in motion by filing of plaint and hence plaint is the actual starting point of all pleadings in a case. Though the law has not laid down any tight jacket formats for plaints, its minimum contents have been prescribed.

Judicial and Administrative Framework - CS Professional Study Material

5. Summons: When the suit is duly instituted summons may be issued to Defendant to appear and answer the claim. Summons is an instrument used by the court to commence a civil action or proceedings and is a means to acquire jurisdiction over party. It is a process directed to a proper officer requiring him to notify the person named, that an action has been commenced against him, in the court from where process is issued and that he is required to appear, on a day named and answer the claim in such action.

6. Appearance of Parties: On the day fixed in the summons the Defendant is required to appear and answer and the parties shall attend the court unless the hearing is adjourned to a future day fixed by the court. If the Defendant is absent court may proceed ex-parte. Where on the day so fixed it is found that summons has not been served upon Defendant as consequence of failure of Plaintiff to pay the court fee or postal charges the court may dismiss the suit.

7. Adjournments: Courts have the power to adjourn a case and take it up on a future date. Adjournments frequently sought by the parties contribute significantly to the delays caused in deciding the matters. The granting of adjournments is at the discretion of the court. The rules governing adjournments are considerably strict if applied in their true spirit.

8. Ex-parte Decrees: A decree against the Defendant without hearing him or in his absence/in absence of his defence can be passed under the following circumstances:-

  1. Where any party from whom a written statement is required fails to present the same within the time permitted or fixed by the court, as the case may be the court shall pronounce judgement against him, or make such order in relation to the suit as it thinks fit and on pronouncement of such judgement a decree shall be drawn up.
  2. Where Defendant has not filed a pleading, it shall be lawful for the court to pronounce judgement on the basis of facts contained in the plaint, except against person with disability.

9. Interlocutory Proceedings: The period involved between initiation and disposal of litigation is substantially long. The intervention of the court may sometimes be required to maintain the position as it prevailed on the date of litigation. In legal parlance it is known as “status quo”.’ It means preserving existing state of things on a given day. In that context interlocutory orders are provisional, interim, temporary as compared to final.

10. Written Statement: The Defendant is required to file a written statement of his defence at or before the first hearing or such time as may be allowed along with the list of documents relied upon by him. If Defendant disputes maintainability of the suit or takes the plea that the transaction is void it must be specifically stated. A general denial of grounds alleged in the plaint is not sufficient and denial has to be specific.

Judicial and Administrative Framework - CS Professional Study Material

11. Examination of Parties: Examination of parties is an important stage after appearance. At first hearing of the suit the court shall ascertain from each party or his pleader whether he admits or denies such allegations of fact as are made in the plaint or written statement. Such admissions and denials shall be recorded. The examination may be an oral examination.

12. Production of documents: The parties or their pleaders shall produce at or before the settlement of issues, all documentary evidence of every description in their possession or power, on which they intend to rely, and which has not been filed in the court or ordered to be produced.

13. Framing of Issues: The court shall at first hearing, after reading the plaint and written statement ascertain upon what material propositions of facts or law parties are at variance.

14. Affidavits: The court may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit or affidavit of any witness may be read at hearing, on such condition, as court thinks reasonable.

15. Final Argument: Once the documents have been exhibited in the court and the witness(es) of both the sides examined and cross-examined, the stage is set for ‘final arguments’.

16. Judgement: Judgement means the statement given by the judge on ground of which a decree is passed. The court after the case has been heard shall pronounce judgement in open court either within one month of completion of arguments or as soon thereafter as may be practicable, and when the judgement is to be pronounced judge shall fix a day in advance for that purpose.

17. Decree and Execution: After the decree is passed the process of execution which involves actual implementation of the order of the court through the process of the court starts the entire process of executing of decree.

Judicial and Administrative Framework - CS Professional Study Material

Question 28.
The summary trials are reserved for small offences to reduce the burden on courts and to save time and money. Discuss Briefly.
Answer:
Cases which generally take only one or two hearings to decide the matter comes under this category. The summary trials are reserved for small offences to reduce the burden on courts and to save time and money. Those cases in which an offence is punishable with an imprisonment of not more than six months can be tried in a summary way. The point worth noting is that, if the case is being tried in a summary way, a person cannot be awarded a punishment of imprisonment for more than three months.

Stages of Criminal Trial In Summary Cases

  • The procedure followed in the summary trial is similar to summons-case.
  • Imprisonment up to three months can be passed.
  • In the judgement of a summary trial, the judge should record the substance of the evidence and a brief statement of the finding of the court with reasons.

Judicial and Administrative Framework - CS Professional Study Material

Judicial and Administrative Framework Notes

Constitutionality
The power of Legislature to delegate its legislative power is not prohibited in the Constitution.
There are risks inherent in the process of delegation. An overburdened legislature or one controlled by a powerful executive may unduly overstep the limits of delegation. It may:
(a) not lay down any policy at all;
(b) declare its policy in vague and general terms;
(c) not set down any standard for the guidance of the executive;
(d) confer an arbitrary power to the executive to change or modify the policy laid down by it without reserving for itself any control over subordinate legislation.

Judicial and Administrative Framework - CS Professional Study Material

Modes of control over delegated legislation
The control of delegated legislation may be one or more of the following types:
(i) Procedural:
(ii) Parliamentary; and
(iii) Judicial

(i) Procedural
Control of delegated legislation by procedure: From the citizen’s post of view the most beneficial safeguard against the dangers of the misuse of delegated Legislation is the development of a procedure to be followed by the delegates while formulating rules and regulations. The Acts of Parliament delegating legislative power to other bodies or authorities often provide certain procedural requirements to be complied with by authorities while making rules and regulations etc,

(ii) Parliamentary
Parliamentary control in India over delegation: Discretion as to the formulation of the legislative policy is prerogative and function the legislature and it cannot be delegated to the executive. Discretion to make notifications and alterations in an Act while extending it and to effect amendments or repeals in the existing laws is subject to the condition precedent that essential legislative functions cannot be delegated.

(iii) Judicial
Judicial control over delegated legislature can be exercised at the following two levels:

  1. Delegation may be challenged as unconstitutional; that is the delegation can be challenged in the courts of law as being unconstitutional, excessive or arbitrary or
  2. That the Statutory power has been improperly exercised.

Judicial and Administrative Framework - CS Professional Study Material

Some of the important Tribunals are as follows
1. Debt Recovery Tribunal (DRT)
The Debt Recovery Tribunals have been constituted under Section 3 of the Recovery of Debts Due to Banks and Financial Institutions (RDDBFI) Act, 1993. The original aim of the Debts Recovery Tribunal was to receive claim applications from Banks and Financial Institutions against their defaulting borrowers. (DRT) was established for expeditious adjudication and recovery of debts due to banks and financial institutions in order to reduce the non-performing assets of the Banks and Financial Institutions.

2. National Company Law Tribunal
National Company Law Tribunal (NCLT) is a quasi-judicial body exercising equitable jurisdiction, which was earlier being exercised by the High Court or the Central Government. It has been established by the Central Government under section 408 of the Companies Act, 2013 with effect from 1st June 2016. The Tribunal has powers to regulate its own procedures.

The establishment of the National Company Law Tribunal (NCLT) consolidates the corporate jurisdiction of the following authorities:

  1. Company Law Board
  2. Board for Industrial and Financial Reconstruction.
  3. The Appellate Authority for Industrial and Financial Reconstruction
  4. Jurisdiction and powers relating to winding up restructuring and other such provisions, vested in the High Courts.

3. Consumer Forum

  • To protect the rights of the consumers in India and establish a mechanism for settlement of consumer disputes, a three-tier redressal forum containing District, State and National level consumer forums has been set up.
  • The District Consumer Forum deals with consumer disputes involving a value of upto Rupees twenty lakh.
  • State Commission has jurisdiction in consumer disputes having a value of upto ₹ 1 crore.
  • The National Commission deals in consumer disputes above ? 1 crores, in respect of defects in goods and or deficiency in service.
  • It is important to note that consumer courts do not entertain complaints for alleged deficiency in any service that is rendered free of charge or under a contract of personal service.

Judicial and Administrative Framework - CS Professional Study Material

4. Motor Accident Claims Tribunal (MACT)
The Motor Accidents Claims Tribunal deals with matters related to compensation of motor accidents victims or their next of kin. Victims of motor accident or legal heirs of motor accident victims or a representing. Advocate can file claims relating to loss of life/property and injury cases resulting from Motor Accidents. Motor Accident Claims Tribunal are presided over by Judicial Officers from the State Higher Judicial Service and are under direct supervision of the Hon’ble High Court of the respective state.

5. Central Administrative Tribunal (CAT)
An administrative Tribunal is a multi-member body to hear on cases filed by the staff members alleging non-observation,of-their terms of service or any other related matters and to pass judgments on those cases. For adjudication of disputes with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or other local authorities within the territory of India or under the control of Government of India and for matters connected therewith or incidental thereto.

6. National Green Tribunal (NGT)
National Green Tribunal was established for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation of damages to persons and property and for related matters.

Types of Courts
(i) Supreme Court of India
The Supreme Court exercises original jurisdiction exclusively to hear the cases of disputes between the Central Government and the State Governments or between the States. The Supreme Court has original but not exclusive jurisdiction for enforcement of Fundamental Rights as per the provision of Constitution of India through the way of writs. This court is also an appellate court.

Judicial and Administrative Framework - CS Professional Study Material

(ii) High Courts of India
Article 226 of Constitution of India has given the power to the High Courts to issue different writs for the enforcement of Fundamental Rights guaranteed under the Constitution. High Courts also hear appeals against the orders of lower courts. Article 227 of Indian Constitution has empowered all High courts to practice superintendence over all the courts of tribunal effective within the regional jurisdiction of the High Court.

(iii) Lower Courts of India
The District Court in India are established by the respective State Government in India for every district or more than one district taking into account the number of cases, population distribution in the district. These courts are under administrative control of the High Court of the State to which the district concerned belongs.

(iv) Revenue Courts
There is a government apparatus to deal with revenue matters. These are ‘courts’ but are not a part of Judiciary because they come under the administration of the State governments. Revenue courts deal with matters pertaining to stamp duty, registration etc.

Procedural aspects of working of Civil Courts
1. Jurisdiction
The Civil Procedure Code,1908 stipulates that the courts shall have jurisdiction to try all suits of a civil nature excepting suits of which cognizance is either expressly or impliedly barred.

The jurisdiction is basically of three types.
(a) Pecuniary
(b) Territorial: The purpose of territorial jurisdiction is to ensure smooth and speedy trial of the matter with least inconvenience to the affected parties.
(c) As to subject matter: For example, Motor Vehicles Act provides for special tribunal for matters under it. Similarly disputes relating to terms of service of government servants go to Administrative Tribunals.

2. Stay
With the object of preventing courts of concurrent jurisdiction simultaneously trying two parallel suit in respect of the same matter in issue, Civil Procedure Code has vested inherent power in the court to stay the suit.

Judicial and Administrative Framework - CS Professional Study Material

3. Res Judicata and bar to further Suits
The principle of res judicata aims at bringing finality to the litigation. The basic principle is that a final judgement rendered by a court of competent jurisdiction is conclusive on merits as to rights of the parties and constitutes an absolute bar against subsequent action involving the same claim.

4. Plaint
The entire legal machinery under the Civil Law is set in motion by filing of plaint and hence plaint is the actual starting point of all pleadings in a case. Though the law has not laid down any tight jacket formats for plaints, its minimum contents have been prescribed.

5. Summons
When the suit is duly instituted summons may be issued to Defendant to appear and answer the claim. Summons is an instrument used by the court to commence a civil action or proceedings and is a means to acquire jurisdiction over party. It is a process directed to a proper officer requiring him to notify the person named, that an action has been commenced against him, in the court from where process is issued and that he is required to appear, on a day named and answer ‘ the claim in such action.

6. Appearance of Parties
On the day fixed in the summons the Defendant is required to appear and answer and the parties shall attend the court unless the hearing is adjourned to a future day fixed by the court. If the Defendant is absent court may proceed ex-parte. Where on the day so fixed it is found that summons has not been served upon Defendant as consequence of failure of Plaintiff to pay the court fee or postal charges the court may dismiss the suit.

7. Adjournments
Courts have the power to adjourn a case and take it up on a future date. Adjournments frequently sought by the parties contribute significantly to the delays caused in deciding the matters. The granting of adjournments is at the discretion of the court. The rules governing adjournments are considerably strict if applied in their true spirit.

Judicial and Administrative Framework - CS Professional Study Material

8. Ex-parte Decrees
A decree against the Defendant without hearing him or in his absence/in absence of his defence can be passed under the following circumstances:
(i) Where any party from whom a written statement is required fails to present the same within the time permitted or fixed by the court, as the case may be the court shall pronounce judgement against him, or make such order in relation to the suit as it thinks fit and on pronouncement of such judgement a decree shall be drawn up.

(ii) Where Defendant has not filed a pleading, it shall be lawful for the court to pronounce judgement on the basis of facts contained in the plaint, except against person with disability.

9. Interlocutory Proceedings
The period involved between initiation and disposal of litigation is substantially long. The intervention of the court may sometimes be required to maintain the position as it prevailed on the date of litigation. In legal parlance it is known as “status quo”. It means preserving existing state of things on a given day. In that context interlocutory orders are provisional, interim, temporary as compared to final.

10. Written Statement
The Defendant is required to file a written statement of his defence at or before the first hearing or such time as may be allowed along with the list of documents relied upon by him. If Defendant disputes maintainability of the suit or takes the plea that the transaction is void it must be specifically stated. A general denial of grounds alleged in the plaint is not sufficient and denial has to be specific.

11. Examination of Parties
Examination of parties is an important stage after appearance. At first hearing of the suit the court shall ascertain from each party or his pleader whether he admits or denies such allegations of fact as are made in the plaint or written statement. Such admissions and denials shall be recorded. The examination may be an oral examination.

12. Production of documents
The parties or their pleaders shall produce at or before the settlement of issues, all documentary evidence of every description in their possession or power, on which they intend to rely, and which has not been filed in the court or ordered to be produced. ”

13. Framing of Issues
The court shall at first hearing, after reading the plaint and written statement ascertain upon what material propositions of facts or law parties are at variance.

Judicial and Administrative Framework - CS Professional Study Material

14. Affidavits
The court may at any time for sufficient reason order that any . particular fact or facts may be proved by affidavit or affidavit of any witness may be read at hearing, on such condition, as court thinks reasonable.

15. Final Argument
Once the documents have been exhibited in the court and the witness(es) of both the sides examined and cross-examined, the stage is set for ‘final arguments’.

16. Judgement
Judgement means the statement given by the judge on ground of which a decree is passed. The court after the case has been heard shall pronounce judgement in open court either within one month of completion of arguments or as soon thereafter as may be practicable, and when the judgement is to be pronounced judge shall fix a day in advance for that purpose.

17. Decree and Execution
After the decree is passed the process of execution which involves actual implementation of the order of the court through the process of the court starts the entire process of executing of decree.

Types of Criminal Trial
1. Warrant Cases
According to Section 2(x) of Code of Criminal Procedure, 1973 a warrant case is one which relates to offences punishable with death, imprisonment for life or imprisonment for a term exceeding two years. The trial in warrant cases starts either by the filing of FIR in a police station or by filing a complaint before a Magistrate. Later, if the Magistrate is satisfied that the offence is punishable for more than two years, he sends the case to the Sessions court for trial.

Important features of a warrant case are:

  • Charges must be mentioned in a warrant case
  • Personal appearance of accused is mandatory
  • A warrant case cannot be converted into a summons case
  • The accused can examine and cross-examine the witnesses more than once.

Judicial and Administrative Framework - CS Professional Study Material

2. Summon Cases
According to Section 2(w) of Code of Criminal Procedure, 1973, those cases in which an offence is punishable with an imprisonment of fewer than two years is a summon case. A summon case doesn’t require the method of preparing the evidence. Nevertheless, a summon case can be converted into a warrant case by the Magistrate if after looking into the case he thinks that the case is not a summon case.

Important points about summons case

  • A summons case can be converted into a warrant case.
  • The person accused need not be present personally.
  • The person accused should be informed about the charges orally. No need for framing the charges in writing.
  • The accused gets only one opportunity to cross-examine the witnesses.

Stages of Criminal Trial in a Summons Case

  1. Pre-trial
  2. Charges
  3. Plea of guilty
  4. Plea of guilty and absence of the accused
  5. Prosecution and defense evidence
  6. Judgement

Summary Trial
Cases which generally take only one or two hearings to decide the matter comes under this category. The summary trials are reserved for small offences to reduce the burden on courts and to save time and money. Those cases in which an offence is punishable with an imprisonment of not more than six months can be tried in a summary way. The point worth noting is that, if the case is being tried in a summary way, a person cannot be awarded a punishment of imprisonment for more than three months.

Judicial and Administrative Framework - CS Professional Study Material

Stages of Criminal Trial in Summary Cases

  • The procedure followed in the summary trial is similar to summons-case.
  • Imprisonment up to three months can be passed.
  • In the judgement of a summary trial, the judge should record the substance of the evidence and a brief statement of the finding of the court with reasons.

Appellate Forum
Any society that claims to uphold the supremacy of law will definitely have an elaborate provision for appeal under its various laws. This is because the majesty of judiciary not with standing, at the end of the day, judges are human beings and they can also be at fault just like any other individual. It is a fundamental tenet of a just society that the shortcomings of men should not operate to the disadvantage of fellow human beings in the courts of law.

Reference
Section 395 of Code of Criminal Procedure, 1973 (Cr.P.C.) empowers a Court subordinate to the High Court to make a reference to the High Court under sub-section (1) if following conditions exist:
1. The case pending before it must ihvolve a question as to validity of any Act, Ordinance or Regulation. A mere plea raised by a party challenging the validity of an Act is not sufficient to make a reference to the High Court unless the Court itself is satisfied that a real and substantial question as to validity of the Act is actually involved for the disposal of the case.

Judicial and Administrative Framework - CS Professional Study Material

2. Secondly, the Court should be of the opinion that such Act, Ordinance Regulation, as the case may be, is invalid or inoperative but has not been so declared by High Court or by the Supreme Court.

3. While making a reference to the High Court, the Court shall refer to the case setting out’its opinion and reasons for making a reference.

Revision

  • Sections 397 to 401 of the Code deal with the revisional jurisdiction of the High Court and the Sessions Court.
  • Revision lies both in pending and decided cases and it can be filed before a High Court or a Court of Session.
  • Very wide discretionary powers have been conferred on the Sessions Court and the High Court.
  • The object of the revision is to confer upon superior criminal courts a kind of paternal or supervisory jurisdiction in order to correct miscarriage of justice arising from misconception of law, irregularity of procedure, neglect of proper precautions of apparent harshness of treatment which has resulted on the one hand in some injury to the due maintenance of law and order, or on the other hand in some
    undeserved hardship to individuals.

Interlocutory Order
Sub-section (2) section 397 bars the exercise of revisional power in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding. The statutory bar on the power of revision in relation to interlocutory orders is intended with the object of eliminating inordinate delay in the disposal of criminal cases and to ensure expeditious trials.

Illegally or with material irregularity
The words ‘illegally’ and ‘material irregularity’ in Section 115 do not cover either error of fact or of law. These words do not refer to the decision arrived at but to the manner in which it is reached. The errors as contemplated relate to material defects of procedure.

Judicial and Administrative Framework - CS Professional Study Material

Section 115 empowers the High Court to satisfy itself upon three matters, viz., (a) that the order of the subordinate court is within its jurisdiction, (b) that the case is one in which the court ought to exercise jurisdiction, and (c) that in exercising jurisdiction the court has not acted illegally that is in breach of some provision of law, or with material irregularity.

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