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COURT CASES COURT CASES
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COURT CASES COURT CASES
GENERAL WORDS OF LAW
ABETTOR : One who induces another to commit a crime and
participate by action or by his presence in its commission.
ACQUITTAL: The verdict of a jury declaring a person indicted and
tried to be not guilty.
ADJUDGE : To render a judicial decision, to determine a
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ADJUDGE : To render a judicial decision, to determine a
controversy, to make a judicial determination.
ADJUDICATION : A judgment determining various rights in the
subject matter of a proceeding in equity. In bankruptcy, the
determination that a debtor is bankrupt, i.e, has a status which
subjects him and his property to special restrictions.
AFFIDAVIT: A sworn statement in writing sworn to
before a notary or other officer entitled to administer
oaths or to acknowledgements. Affidavit included
affirmation and declaration in the case of persons by law
allowed to affirm declare instead of swearing.
AFFIRMATION : A solemn statement which omits any
religious reference and is by statute made equivalent to
.
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religious reference and is by statute made equivalent to
an oath. The falsity of an affirmation is perjury.
BIGAMY : The Crime committed by a person already
married and undivorced, whose spouse is living and who
goes through a marriage ceremony with somebody else.
The term properly means a second marriage but is
applied to any number of such invalid unions.
CONTEMNER : A person who commits a contempt
of Court.
CONTEMPT OF COURT : Disobedience of a lawful
order of a court in a matter over which it has
jurisdiction.
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DIGAMY : In cannon law a valid second marriage after
the first one has ended by death or annulment.
PAROLE : The release of a person from prison subject
to his compliance with specified conditions, and upon
the violation of which he may be recommitted to
prison.
POLYGAMY : Marriage of one man to several wives
at the same time.
RESJUDICATE : The decided thing.
RES ADJUDICATA : The decided thing. Less correct
expression, occasionally used for resjudicata.
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RULE NISI : In the older practice, an order obtained
exparte to show cause why it should not be set aside.
The rule will made absolute i.e., the relief granted will
be affirmed, unless /nisi sufficient cause is shown to set
it aside, if such cause is shown, the rule will be
discharged.
SENTENCE : The judgement of a court in a criminal
case after a plea of guilty or the verdict of guilty.
SINE DIE : Without day. The phrase used when a body
of men adjourns Permanently, i.e., without setting a
date for reassembly; or when a cause of action is
dismissed against a defendant who then goes without a
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dismissed against a defendant who then goes without a
day set for his appearance.
SUB-JUDICE : Before a judge; in litigation. A general
term used to describe the fact that an issue is before a
court for its determination.
WHEREAS : An introductory word proceeding a
recital of facts. In leadings, it may not be used to
make positive allegations of fact.
MODUS OPERANDI : The manner or way of
operation.
MORAL TURPITUDE : An Act of moral turpitude is
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MORAL TURPITUDE : An Act of moral turpitude is
one which is dishonest, depraved, base or vile and
contrary to good morals.
INFRINGEMENT : The breach of any law.
Unlicensed use of copyright publication or a attended
article or the attempt to market a publication.
Infringement can be prosecuted by injuction.
INTER ALIA : Among other things
INTER VIVOS : Between living persons.
JEOPARDY : Danger. It is especially applied
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JEOPARDY : Danger. It is especially applied
to the danger of being convicted of a crime.
SELECTED IMPORTANT LAW TERMS
AND PHRASES
BENAMI : A sale or purchase made in the name of
some other than the actual vendor or purchaser.
CAVEAT : An intimation made to the proper officer
of a court of justice to prevent the taking of any step
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of a court of justice to prevent the taking of any step
without intimation to the party interested to appear
and object to it. A process to stop the institution of
a person, and more frequently to stay the probate of
a will, the issue of letters of administration, a license
of marriage, etc.,. The person filing or entering a
caveat is called the caveator.
CRIMINAL TRESPASS: Whoever enters into or
upon property in possession of another with intent to
commit an offence, or to intimidate, insult or annoy
any person in possession of such property or having
lawfully, entered into or upon such property,
unlawfully remains there with intent thereby to
intimidate, insult or annoy any such person, or with
intent to commit an offence, is said to commit
criminal trespass.
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criminal trespass.
HOSTILE WITNESS : A witness who so conducts
himself under examination in chief that the party who
has called him is allowed to cross-examine him and
to treat him as though he had been called by the
opposite party.
INTERLOCUTORY INJUCTION : An injunction
granted for the purpose of keeping matters in status quo
until a decision is given on the merits of the case.
PREJUIDCE : Prejudging a matter.
PROSECUTION : The proceeding with, or following up,
and matter in hand. The proceeding with any suit or
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and matter in hand. The proceeding with any suit or
action of law. A proceeding either by way of indictment
or information, in the criminal courts, or order to put an
offender upon his trail.
RESJUDICATA : A matter or thing which has been
adjudicated upon.
RESTITUTION: (Restitution) The restoring of any
thing unjustly taken from another.
SEDITION : Sedition consists in attempts
made, by meetings or speeches, or by publications,
to disturb the tranquility of the State, which do not
amount to treason.
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MANDATORY INJUNCTION : An injunction
ordering some positive act, whether or not it be
expressed in a negative form i.e the pulling down of
a house erected after plaintiff had given notice of his
right of way and after he had commenced his action
for an injunction, damages would be no equivalent
in such a case.
SELECTED FOREIGN WORDS AND MAXIMS
OF LAW
ADJOURN SINE DIE : Adjournment to a date that
is not at the present moment fixed.
ALIBI: Elsewhere. It is defense resorted to where
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ALIBI: Elsewhere. It is defense resorted to where
the party accused, in order to prove that he could
not have committed the crime with which he is
charged, offers evidence that he was in a different
place at the time the offence was committed.
MANDAMUS: The word mandamus literally mean a
command. The order of mandamus is an order of a most
extensive remedial nature and is, in form a command
issuing from the High Court of Justice directed to any
person corporation. The Supreme Court can issue
mandamus under Article 32.
ONUS : The Onus Probandi or burden of proof lies on
the party who substantially asserts the affirmative of the
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the party who substantially asserts the affirmative of the
issue.
RESJUDICATE : The rule of resjudicate enacted in
Sec.11 of the CPC is based on the principle that a decision
once rendered by a competent court on matter in issue
between the parties after a full enquiry should not be
permitted to be agitated over again.
ULTRA VIRES : Beyond the scope, power or
authority of any Company, Corporation or statutory
body.
LOCUS IN QUO : (The place in which) The place
where it is alleged a thing has been done or
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where it is alleged a thing has been done or
happened.
LOCUS STANDI : The right of a party to an action
to appear and be Heard on the questions of any
Tribunal.
DEFINITION OF AFFIDAVIT AND IMPORTANT
POINTS/PROCEEDURE TO BE ADOPTED WHILE DRAFTING
AFFIDAVIT.
An affidavit is a declaration as to facts made in writing and
sworn before a person having authority to administer oath. Affidavit
includes affirmation and declaration in the case of persons by law
allowed to affirm or declare instead of swearing.
The test of an affidavit may reflect the personal knowledge of
the deponent touching the facts or it may be drawn on the strength
of information passed on from authentic source having credibility. of information passed on from authentic source having credibility.
Next, the contents may reflect the knowledge of the deponent with
reference to records.
Finally, the Affidavit is to be sworned to by a person having
authority to administer the oath giving the date of swearing and the
designation of the person, before whom it is sworned.
The affidavit is drafted in the first person, in contrast,
the plaint is drafted by a third person.
SUIT
A plaint contains the narration of claim giving cause
of action for the suit and ending with prayer seeking the
relief.
In a suit instituted, the parties may desire to seek In a suit instituted, the parties may desire to seek
interim relief for protection the property in dispute or move
the court seeking assistance for progress of the trial of the
suit. Every such relief can be subject matter of a petition
and such petition must be supported by an affidavit.
The orders passed thereon by the court will be in
force until the disposal of the suit as ordered by the court.
PROCEDURE AND PRINCIPLES TO BE FOLLOWED IN DRAFTING
COUNTER AFFIDAVITS AND FURTHER FOLLOW UP ACTIONS.
In all cases where affidavits re communicated with a notice, counter affidavits
have to be filled, rebutting/disproving/denying/contradicting the contentions
raised by the petitioner basing on the available recorded evidence.
Normally, the High Court will communicate a copy of the writ petition along
with a notice directing the respondent (if he intends to appose the petition) to
appear personally or by advocate on the appointed time and to show cause why
the writ petition should not be complied with by filing the counter Affidavit.
Immediately, the concerned officer should address the Government pleader to Immediately, the concerned officer should address the Government pleader to
enter appearance in the court and take long adjournment for filing counter
simultaneously para-wise remarks should be prepared without undue delay and
the same should be sent to the Government pleader along with the connected
records either by Regd. Post & A/D or through the concerned Assistant in case of
urgency/emergency.
On this, the Government pleader will prepare the draft counter affidavit and
send the same to the concerned officer i.e., Respondent.
PROCEDURE AND PRINCIPLES TO BE FOLLOWED IN
DRAFTING COUNTER AFFIDAVITS AND FURTHER FOLLOW
UP ACTIONS.
The respondent after approving it will get it fair typed on
both sides of thick white paper in double line spacing with
1 margin on all sides
Duly signed and sworn at the end of each page by both the
attesting and swearing officers with their designation
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attesting and swearing officers with their designation
stamps will be sent to Government pleader with five extra
copies along with original for being filed in the High Court.
It should be born in mind that fair counter should be
accompanied by all the attested copies of documents
referred to in the counter affidavit
Fair counter copies should be prepared in strict conformity
with the guidelines as otherwise the court will refuse to
accept.
Finally, the concerned officer (Respondent) after getting the
counter affidavit filed in the court by the Govt. pleader, watch
Contd..
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counter affidavit filed in the court by the Govt. pleader, watch
the stage of the case by pursuing action with the Govt.
pleader till the disposal of the writ petition and receipt of
intimation and communication of the order/Judgment.
The same procedure should be followed in respect of drafting
of Affidavit also in respect of all Judicial Courts including
APAT.
SUITS
PROCEEDURE AND PRINCIPLES WITH REGARD TO THE
FILLING OF SUIT AND DEFINITION OF PLAINT
Every suit shall be instituted in the shape of a plaint
(Sec.26). Any proceeding, which does not commence with a
plaint, cannot be deemed to be a suit. The plaint shall be
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plaint, cannot be deemed to be a suit. The plaint shall be
written, type-written, or printed fairly and legibly, on
stamped paper or on substantial foolscap folio paper with an
outer margin of 2 wide and an inner margin of 1 wide and
a separate sheet should be attached together book wise on
which the docket showing the name of the court, and its
place, names of parties, the provision of law under which it
was filed and the address of the advocate should be
mentioned. The plaint shall contain the following particulars
Name of the court in which the suit is filed.
Description of suit of as O.S/O.P/or SC.No.. of 19
Names of parties (Plaintiff and defendant). It is known as short cause
title.
Provision of law under which it is filed.
Name and description and the place of residence of the plaintiff and
defendant. This is known as Long Cause Title.
Where the plaintiff or defendant is a minor or a person of unsound mind,
a statement to that effect.
The facts, constituting the cause of action.
The date or dates when the cause of action arose.
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The date or dates when the cause of action arose.
The facts showing that the court in which the suit is filed has jurisdiction
to try the same. (Both territorial and pecuniary)
Where the plaintiff has allowed a set off or relinquished a portion of his
claim, the same should be state.
Statement of value of the subject matter of the suit for purposes of
jurisdiction and court fee.
Amount of court fee paid and the provision of law under which it is paid.
The reliefs prayed for in the plaint.
Verification of plaint.
DEFINITION OF VAKALAT
It should be signed by the plaintiff and attested by an
advocate other than the plaintiff. The advocate for the
plaintiff should endorse on the Vakalat the work Accepted
and sign under it. A single vakalat can be filed by an
Advocate for any number of plaintiffs.
NAME OF THE COURT IN WHICH THE SUITS FILED NAME OF THE COURT IN WHICH THE SUITS FILED
Every suit shall be instituted in the court of the lowest
grade competent to try it (Sec.15).
Every suit shall be instituted in the court within whose
jurisdiction the cause of action arose or the subject
matter of the suit is situated or where the defendant
resides or carries on business, as the case may be at the
time of filing the suit.
DOCUMENTS TO BE FILED ALONGWITH THE
PLAINT
The plaintiff along with the plaint should also file
sufficient number of copies of plaint duly signed or
certified as true copies for service on the defendant and
the following papers. the following papers.
Vakalat (2) Process Applications (3) Suit Documents
and other documents (4) Court fee stamps (5)
Statement in Form No.7 (Immovable property
particulars).
PROCEDURE WITH REGARD TO THE DRAFTING OF
WRITTEN STATEMENTS IN RESPECT OF SUITS FILED IN
THE COURTS AGAINST GOVERNMENT.
On the filing of the suit against the state Government together
with summons notifying the date of appearance, copy of the plaint will be
served on the collector (in respect of suits against the Government). A
copy of the plaint is forwarded to the concerned department to offer para
wise remarks/proposed defense in the suit.
The said defense is narrated by the concerned department in a
note called para-wise remarks. While writing the para-wise remarks the
concerned official should look into the depth of problem and state his
defense. Merely and casually denying the allegations will not assist the
G.P./Asst. Government pleader in preparing the written statement of
defense. Therefore contesting the claim set up in the plaint and
challenging the pleadings, para-wise remarks should be submitted that
would serve as a foundation for preparing the written statement.
The written statement should contain a statement
in concise form of the material facts on which the
defendant resists the suit claim but not evidence by
which they are going to be supported. It should be
divided into paragraphs numbered consecutively, each
allegation being contained in a separate paragraph.
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allegation being contained in a separate paragraph.
Where the defendant pleads any mis-representation or
fraud, breach of trust, willful default, or undue influence,
the details of the same shall be stated in the written
statement. Neither presumption of law, nor the principle
of burden of proof, need be mentioned.
The written statement would also contain the
address of the parties for the services of notice, and
should be signed and verified by the defendant or
defendants in the same manner as required in the plaint.
A copy of the said written statement shall be served on
the other side and the same endorsed on the original of
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the other side and the same endorsed on the original of
the written statement before it is filed in the court. Every
allegation in the plaint, if not denied specifically or by
necessary implication or stated to be not admitted in the
pleading of the defendant shall be taken to be admitted.
There should be no general or evasive denial.
Under order 27 Rule 5, C.P.C time can be taken for filing written
statement which should not exceed 2 months. So during that period the
concerned department should be alerted to rush para-wise remarks. Some
times on the filing of a suit the plaintiff will be seeking urgent orders to stay or
injunction. These orders will be passed by the court only after notice to the
Government. When notice is received on such urgent interim applications,
more care is needed in rushing instructions to Government Pleader/Asst.
Government Pleader to enter appearance in the court and take long
adjournment for filing counter. If there is any non response and there is any
delay in making appearance, the court will have no option except to pass
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delay in making appearance, the court will have no option except to pass
adverse orders exparte. It will be a big task to get set aside exparte orders. For
setting aside the exparte orders, an application under order 9, R7 along with
the affidavit explaining the cause in sufficient detail for which the defendant
could not appear on the appointed date either by himself or by counsel i.e,
absence was neither willful, wanton nor negligent and finally praying the
honorable court to set aside the exparte order and to permit the petitioner
(defendant) to participate in the trial and pass such order or orders as the
honorable court may deem fit and proper in the circumstances of the case
(application will be in the shape of I.A.No /1999 is OS.NO. /99).
No suit shall be instituted against the Government or a public
officer in respect of any act purporting to be done by such Public
Officer in his office capacity until the expiration of two months next
after notice in writing under Sec.80 C.P.C has been served on the
Secy. To the Government/Collector of the District and other officers of
the Central Government, as the case may be.
A suit to obtain an urgent or immediate relief against the Government
SUIT BY OR AGAINST THE GOVERNMENT OR PUBLIC
OFFICERS IN THEIR OFFICIAL CAPACITY
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A suit to obtain an urgent or immediate relief against the Government
or any Public Officer may be instituted with leave of the court without
serving any notice as required by sub sec (1) of sec.80 C.P.C., but
court shall not grant relief in the suit whether interim or otherwise
expect after giving to the government or Public Officer as the case
may be a reasonable opportunity of showing cause in respect of the
relief prayed for in the suit. If the court is satisfied after hearing the
parties that no urgent or immediate relief need be granted in the suit
return the suit for presentation to it after complying with the
requirements of Sec.80 (1) C.P.C.
When the plaintiff is an indigent person, he will not be paying
court fee on the plaint and he may institute a suit in-informa pauperis.
The Government may not be a party to such a suit but a copy of the plaint
will be served on the Collector. Thereafter, the Revenue branch of District
administration has to probe to find out if the plaintiff possessed of means
to pay court fee. This enquiry must be done at Departmental level and
instructions must be given to Government pleader/ Assistant Government
pleader to oppose pauper application. If the court is of the view that the
plaintiff has means to pay court fee, may reject the application for
INDIGEN TPERSON(InFormapauperis)
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plaintiff has means to pay court fee, may reject the application for
permission to sue as an indigent person, if it is considered that the
applicant is not an Indigent person, that he has within two months next
before the presentation of the application disposed off any property
fraudulently or in order to be able to apply for permission to sue as an
indigent person. When such pauper suits are disposed off, the court will
endorse in the decree fixing the liability to pay court fee. Again the
Revenue branch of the administration has to take steps to realize the
money as if it is arrears of land revenue.
Section 148 A of C.P.C applies not only to original
proceedings but also first appeals and second appeals, and
other appeals filed under C.P.C when an order or decree is
passed or pronounced in favour of petitioner by the lower
court and when he anticipates or apprehends that the
respondent may file first appeal/Second Appeal/CMA/writ
petition and that in the said proceedings it is quite likely that
he may seek stay or suspension of the orders in question,
CAVEAT AND ITS IMPLICATIONS
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he may seek stay or suspension of the orders in question,
then the petitioner may file a Caveat stating that the
respondent has no prima facie case to obtain any orders
much less, Interim orders and that he is only trying to
procrastinate and delay the matter with an intention to
deprive the petitioner of the fruits of the impugned order in
his favour, and that he is entitled to enter appearance to
contest the matters which he is seeking interim order.
Finally, he will request the court not to pas any exparte
interim orders without hearing them and that notice on
any application for Exparte Interim order be directed to
be given to the petitioner or his councel so that
whatever orders are to be passed, they can be passed
after hearing the petitioner. The petitioner should send
a copy of this Caveat to the Respondent by RP & AD
Contd.
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a copy of this Caveat to the Respondent by RP & AD
and enclose the relevant postal receipt to the Affidavit
filed by him. Thereby, the petitioner will get the
opportunity of being heard before the orders are
passed.
COMTEMPT OF COURTS CASE AND ITS
IMPLICATION
HIGH COURT OF JUDICATURE
It is to be noted that generally a contempt case will arise for
disobedience of a lawful order of a court, deliberately, willfully and
knowingly in a matter over which it has jurisdiction. It will be filled in the
court under section 10 to 12 of contempt of courts Act 1971, seeking to
commit the Respondent for contempt of court for disobeying the orders
of the High Court deliberately, will fully and knowingly on which the High of the High Court deliberately, will fully and knowingly on which the High
Court will issue notice to the respondent to show cause why in the
circumstances stated in the petition and the affidavit filed in support
thereof, he should not be punished for contempt of court, granting
reasonable time to file counter. Immediately, on receipt of court notice,
it is for the Respondent to approach the government pleader with the
connected records and enlighten him in writing the
reasons/circumstances under which the orders of the High Court could
not be implemented, so that he will draft the appropriate counter
affidavit and file it in the court.
If the High court considers that there are satisfactory
reasons that there is no case of contempt of court, an order
will be passed closing the contempt case. In case, if it is
proved beyond reasonable doubt that there is a case of
contempt of court against the Respondent for disobeying the
orders passed earlier deliberately, willfully and knowingly,
then the order is passed by High Court punishing the
respondent by way of imprisonment/Fine/Warning.
Contd..
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respondent by way of imprisonment/Fine/Warning.
In order to avoid facing contempt of courts, there is
imperative need for the concerned departmental officers to
see that the orders of the courts are either implemented
without any undue delay wherever practicable and if it is
impracticable or not possible to implement the orders, they
should approach the Bench of the High Court or the Supreme
Court on Appeal.
The above procedure should be followed
in respect of contempt cases also which
arises due to non-implementation of
orders of A.P. Administrative Tribunal
A.P.ADMINISTRATIVE TRIBUNAL
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orders of A.P. Administrative Tribunal
concerning the cases of service matters.
PREPARATION OF COUNTER IN RESPECT OF O.A.
FILED IN A.P.A.T
The language to be used while drafting a
counter should be lucid and concise.
The jurisdiction of the A.P.A.T is confined to
matters like recruitment, promotions, seniority
and other service matters.
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and other service matters.
Firstly, one must see whether the applicant has
exhausted all the other remedies available to
him departmentally for redressal of his
grievance before knocking the doors of the
A.P.A.T for justice (S.20 of the A.P.A.T Act
1985)
(Contd..)
Secondly, whether the O.A is barred by limitation of time is
to be examined as the tribunal cannot admit an application
after one year from the date the final orders have been
made in connection with the grievance of the Applicant
(Sec. 21 of the A.P.A.T Act, 1985)
It is better to begin the counter with a brief history of the
case. This should be followed by para-wise remarks on the
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case. This should be followed by para-wise remarks on the
averments made by the applicant in the O.A. either by
rebuttal or by giving the factual position. In the counter,
correct rule position should be highlighted. It should also
be seen whether the relief sought for by the applicant is in
order or not.
FILING OF COUNTER IN RESPECT OF THE WRIT
PETITION FILED IN THE HIGH COURT
A writ petition is filed by a petitioner in the
high court aggrieved by the judgment of the
Honble A.P.A.T or other lower courts invoking
the writ jurisdiction of the high court under art
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the writ jurisdiction of the high court under art
226 of the C.O.I. Writ petition can also be filed
straight away if the petitioner is aggrieved in
some other way.
There should be sufficient grounds to file a
writ petition.
(Contd..)
To Start with, the brief History of the case should
be prepared. Then the grounds under which the
writ petition is filed questioning either the
tribunals orders or the judgment of a lower
court, should be prepared.
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While concluding, it should be mentioned clearly
for setting aside the orders of the Honble
A.P.A.T or in the alternative for an Interim stay
of the orders of the tribunal.
There are two types of issue of notices by the Honble A.P.A.T.
One is notice before admission and the other is notice under
rule nisi. Notice before Admission is issued with regard to
admitting the O.A or not. Under Rule Nisi the O.A. will be
admitted without notice and notice in rule nisi will be issued
as to whether the relief sought for can be granted or not.
Regarding notice before admission, steps should be taken to
file the counter immediately in consultation with the
concerned Govt. pleader and get the O.A dismissed at the
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concerned Govt. pleader and get the O.A dismissed at the
admission stage itself in other respects, if the time stipulated
by the Honble A.P.A.T. to file counter is inadequate, the
Honble A.P.A.T may be requested to grant extension of time
for filing the counter through the Govt. Pleader as
preparation of counter may involve verification of records
etc., or obtaining of remarks from the subordinate offices.
However, counter should be filed with in the time requested
and under no circumstances should it exceed the time frame.
TIME TO FILE COUNTER IN THE A.P. HIGH COURT
It should be borne in mind that the counter has to
be filed within the time stipulated by the Honble
A.P.H.C. If the time for filing the counter is
inadequate, the procedure mentioned for the
A.P.A.T is to be adopted. However, in the case of
high court, the maximum time limit prescribed for
filing the counter is six months.
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It is stressed that all the respondents included
either in a O.A or a w.p. have to file counters. Even
if there is no claim of the applicant/ petitioner
pending with a respondent, he has to state the
same by filing a counter in the APAT or the High
Court.
ACTION TO BE TAKEN BY THE RESPONDENTS
WHEN THE A.P.A.T. PASSES AN INTERIM ORDER
Sometimes the Honble A.P.A.T may issue an interim
order in a particular O.A. The Passing of an interim
order by the A.P.A.T comes in the way of the
respondents taking action from their point of view.
The respondents must file vacate stay petition along
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The respondents must file vacate stay petition along
with the detailed Counter Affidavit praying the
Honble A.P.A.T to vacate the interim orders. This is
called Vacation Miscellaneous Application (V.M.A)
or V.M.A. No In O.A. No.. This
will be signed by the concerned G.P. in the A.P.A.T.
We have seen that as per Rule.19 of the A.P.A.T
(Procedure) Rules, 1989 the orders of A.P.A.T can
be challenged or questioned by filing review
petition within 30 days from the date of order of
which the review is sought. But in reality, the
orders of the A.P.A.T are not received in time. For
this the respondents have to file a condone delay
petition along with the review petition explaining
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petition along with the review petition explaining
the reasons for the delay in filing the review
petition. This is called R.M.A.No. in
R.P.No..In O.A.No
The same procedure holds good in respect of the
writ petition filed in the High Court Questioning
the orders of A.P.A.T.
As per Rule. 19 of the A.P.A.T (procedure) rules, 1989 no application
for review shall be entertained unless it is filed within 30 days from
the date of order of which the review is sought.
The dept. aggrieved by the orders of the A.P.A.T must seek the
opinion of the concerned G.P. in the A.P.A.T, and ascertain whether
the case on hand is a fit case for filing the review petition in the
A.P.A.T. Based on the written advice of the G.P, further action has to
FILING OF REVIEW PETITION IN THE APAT
AGAINST ITS ORDERS IN O.AS OR W.PS IN THE
A.P.H.C
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A.P.A.T. Based on the written advice of the G.P, further action has to
be taken.
As far as the next level of appeal open to the dept is concerned, the
Dept., if it feels strongly that the orders of the APAT are not in
conformity or in consonance with the orders of the Govt. in the
matter, it should definitely file a w.p. in the A.P.H.C against the
orders of the A.P.A.T after taking the written opinion of the
concerned G.P in the High Court.
(Contd..)
W.P has to be filed within three months from the date of
receipt of the order of the A.P.A.T against which w.p is filed.
If the concerned dept. is aggrieved by the orders of the
High Court, it can file writ appeal on the advice of the
concerned G.P in the High Court. The next course of appeal
open to the dept. is filing of special leave petition in the
Supreme Court after taking the written opinion of the
Advocate General in this regard.
Writ appeal has to be filed in the High Court within one
46
Writ appeal has to be filed in the High Court within one
month from the Date of the order of High Court of which
appeal is sought.
In G.O.R.T.No.146 LAW (c) Dept. Dt. 08.02.2001, Govt. have
authorized all the secretaries to Govt., H.O.Ds and dist.
collectors to file appeals by way of S.L.P in the Supreme
Court against an adverse judgment of the High Court basing
on the advice of the concerned Govt. Law officer without
seeking prior permission of the Govt. Where, however, an
important policy matter is involved, the case may be
circulated before filing S.L.P in the Apex Court.
(Contd..)
It should be borne in mind that wherever
necessary reviews and appeals have to be filed
invariably. It is because if the orders of the
A.P.A.T or the High Court are contrary to the
Govt. Orders in force and against the policy of
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Govt. Orders in force and against the policy of
the Govt., the judgments need to be
challenged, lest the same may result in
significant outflow of funds from the state
exchequer.
CONTEMPT CASES
Contempt application (C.A) or contempt case (C.C) is filed by
the applicant/petitioner in the Honble tribunal or Honble
High Court as the case may be, if the orders of the Honble
tribunal/Honble High Court are not implemented by the
respondents. It is suggested that, if the orders of either the
Honble A.P.A.T or the Honble High Court are not contrary to
the orders of the Govt. and if the concerned G.P. feels that
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the orders of the Govt. and if the concerned G.P. feels that
there are no grounds for going on an appeal, it would be
better for the respondents to expeditiously implement the
orders of the court within the stipulated time.
Prompt filing of counters by the respondents either in the
O.As/W.Ps or the C.A is called for. Dilly-dallying will not
serve the purpose. Contempt cases have to be taken seriously
and prompt action should be taken for filing a counter in the
matter.
The A.P.A.T (Contempt of Courts) Rules,
1992:
If the contempt alleged is against the state
Govt. and/or on HOD and/or any Public Officer
who is alleged to have committed the contempt in
Rule 4:
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who is alleged to have committed the contempt in
his official capacity, no particular officer need be
impleaded co-nominee as party respondent. But if
the applicant alleges that any particular officer
has willfully committed contempt, such officer
shall be impleaded as a party respondent.
Rule 5:
Every case of contempt shall be posted
for preliminary hearing before division
bench. If the bench does not dismiss it in
limini, it may issue notice to the G.P.
concerned. After giving an opportunity of
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concerned. After giving an opportunity of
hearing to the petitioner and the G.P. the
bench may either dismiss the petition or
admit it and order notice to the
respondent.
Rule 6:
If the respondent for the alleged contempt is
the State Government or H.O.D or any other public
officer in its official capacity, notice shall be
served on the Secretary to Govt., H.O.D or the
Public Officer. If any respondent is an individual
impleaded by name, notice shall be served on him
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impleaded by name, notice shall be served on him
personally.
provided that the tribunal, may, while ordering
notice or on application or memo signed by the
respondent permit appearance by an Advocate,
subject to further orders of the tribunal.
Rule 8:
If the respondent still fails to respond, the
tribunal, may issue a warrant bailable or non-
bailable, for his arrest to ensure his attendance on
the date fixed for the hearing.
In respect of the contempt cases filed in the
Honble A.P.H.C, prompt action should be taken to
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Honble A.P.H.C, prompt action should be taken to
file counter affidavit in the contempt case filed by
the petitioner for non-implementation of the orders
of the Honble High Court. Failure to abide by the
orders of the Honble High Court will lead to issue
of arrest warrant etc., and taking of coercive action
against the respondents.
A.P. LOKAYUKTA AND UPA LOKAYUKTA
The A.P. Lokayukta and Upa Lokayukta act,
1982 came into effect from 23.09.83. It has
been set up for the investigation of
administrative action taken by certain local and
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administrative action taken by certain local and
public authorities in the state of Andhra
Pradesh. The act is mainly intended to curb
political corruption among certain Public
Servants
FUNCTIONS
Section 9:
The institution of Lokayukta and Upa Lokayukta
is a fact finding body. Their main function is to
investigate the Administrative Action in respect of
which an allegation is made against any Public
Servant has to be investigated into by Lokayukta
or Upa Lokayukta as the case may be, after
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or Upa Lokayukta as the case may be, after
following the procedure relating to the specific
complaints received as provided under Section 9
and the procedure in respect of investigation as
laid down under section 10 of the act.
The Lokayukta or Upa Lokayukta shall not
investigate any allegation.
1. In respect of which a formal and Public
Inquiry has been ordered under the public
services inquiries act, 1850.
2. In respect of a matter which has been
referred for enquiry under the commissioner
of inquiry act, 1952 in case where the
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of inquiry act, 1952 in case where the
Lokayukta or Upa Lokayukta as the case
may be has given his prior concurrence for
such inquiry.
Under Section 15 of the Act, the Lokayukta
or Upa Lokayukta cannot investigate into
allegations against:
a) The Chief Justice or any Judge of the High Court
or a member of the Judicial Service.
b) Any officer or servant of any Court in the State.
c) Advocate General, A.P.
d) The Chairman or a member of the A.P.P.S.C.
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d) The Chairman or a member of the A.P.P.S.C.
e) The Chief Election Commissioner the Election
Commissioner and the Regional Commissioner
referred to in Art. 324 C.O.I and the Chief
Electoral Officer of A.P.
f) The Speaker and Dy. Speaker of the Legislative
Assembly.
THE A.P. LOKAYUKTA AND UPA-LOKAYUKTA
(INVESTIGATION) RULES, 1984.
Rule 5:
Preliminary verification of the complaint commences.
Rule 6:
Commencement of investigation into the complaint. A
copy of the complaint is sent to the Public Servant concerned
against whom allegation is made and the public servant is
afforded an opportunity to submit a detailed report in the
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afforded an opportunity to submit a detailed report in the
matter.
If the grievance of the complainant stands redressed, the
complaint will be closed. Based on the report of the Public
Servant concerned if the Lokayukta or Upa Lokayukta is
convinced that the complainant has no case, the complaint will
be dismissed.
THE CONSUMER PROTECTION ACT, 1986
This act provides for better protection of
the interests of consumers and for that
purpose to make provision for the
establishment of consumer councils and other
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establishment of consumer councils and other
authorities for the settlement of consumers
disputes and for matters connected therewith.
Sec. 2 (d): Consumer means any person who:
Buys any goods for a consideration which has
been paid or promised or partly paid and partly
promised or under any system of deferred
payment and includes any user of such goods
other than the person who buys such for
consideration paid or promised or partly paid
59
partly promised, or under any system of
deferred payment when such use is made with
the approval of such person, But does not
include a person who obtains such goods for
resale or for any commercial purpose or
Sec. 2 (d): Consumer means any person who:
Hires any services for a consideration which
has been paid or promised or partly paid and
partly promised or under any stem of deferred
payment and includes any beneficiary of such
services other than the person who hires the
service for consideration paid or promised or
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service for consideration paid or promised or
partly paid and partly promised or under any
stem of deferred payment, when such services
are availed of with approval of the first
mentioned person.
Sec. 2 (e): Consumer Dispute:
Means a dispute where the person against whom a
complaint has been made denies or disputes the
allegations contained in the complaint.
In our Department we come across cases coming under
the purview of the Consumer Protection Act.
Immediately on receipt of a case of this nature what we
have to see is whether there is really a deficiency of
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have to see is whether there is really a deficiency of
service on our part. Then we have to proceed with the
preparation of counter.
service on our part. Then we have to proceed with the
preparation of a counter.
It is pertinent to say that the services
rendered by this department do not
come under the purview of the
Services Defined under Sec. 2(d) of
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Services Defined under Sec. 2(d) of
the Consumer Protection Act, 1986.
THANK
YOU
THANK
YOU
63
YOU YOU