Case laws

Ans: During a case in Gujarat High Court of Bheeka Ram Vs Wife & Ors on 22-01-1999, it was held that no maintenance to deserted wife who forbade to live with  her husband. The high court while deciding the case held that wife and on behalf of her two minor sons filed an application under Section 125, Cr.P.C. against her husband for maintenance. It was alleged that Wife was married to him, 12-13 years ago but for some time her husband as well as his parents were torturing the lady for dowry and due to which she was beaten and expelled of the house and after a lot of efforts she was again kept by them. It is also further submitted that she bought a land by selling her jewellery and with the help of her parents she built a house and started living there but three months before filing the application, the Husband tried to kill her by burning and thereafter he is neglecting her. It was stated that husband earned Rs. 60/- per day by doing Mason work. She prayed to be paid mainte...

Ans: At the stage of Interim Maintenance if we have no such mentioned documents or evidences then court will grant Interim Maintenance to the wife and the court would order to proceed for Trial in the case.  Here we are focussed on proving that it is the wife who had denied to live with her husband without any reasonable cause as well as she is trying to misuse the provisions of maintenance.

Ans: Evidences on which Interim Maintenance can be denied:  1. Working Women - A working woman who can is able to maintain herself and has running income per month at the time of granting Interim Maintenance. Proof of Salary as Salary Certificate, Experience Certificate, Bank Statements showing regular income per month, Income Tax Returns etc. 2.  Any previous statement of wife in which she denies to live with her husband without any sufficient reason. (Statement given in other case)  3. Any written agreement in which she had forbidden to live with her husband without any ample reason.  4. Any unreasonable pre condition to live with her  husband in the previous statement and the written agreement.  5. Any decree by court other than divorce in which the desertion by wife is clarified.  6. Any decree by court other than divorce which clarifies adultery of wife.  7. Any decree by court under mutual consent for living separately.

Ans: In case Ajithkumar vs Simmi on 5 December, 2016, Madras High Court opined that the findings in Rohtash Singh case has been adhered to in Parvatevva @ Roopa case and in Mathialagan case by the Karnataka and the Madras High Courts. In the light of the view expressed by the Hon'ble Supreme Court in para 12 of its judgment in  Rohtash Singh vs Smt. Ramendri And Ors on 2 March, 2000, the Madras High Court held that the wife is disentitled to claim maintenance from August, 2006 to 8.7.2016. So from the above, it is cleared that if wife refuses to live with husband without any sufficient reason and the marriage between the couple subsists or no divorce has been granted to the couple and the wife can be denied to claim maintenance from her husband and can be barred through section 125(4) Cr.P.C.

Ans: According to Section 125(4) of Cr.P.C, no wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she denies to live with her husband, or if the couples are living separately by mutual consent.  It is very well explained in the case Rohtash Singh vs Smt. Ramendri And Ors on 2 March, 2000 by the Supreme court of India. The Hon’ble Supreme Court held that under this provision, a wife is not entitled to any Maintenance relief from her husband if she is living in adultery or if she has denied to live with her husband without any sufficient cause or if the couple is living separately by mutual consent. Thus, the entire situation contemplated by Sub-section (4) of Section 125 Cr.P.C. assumes the existence of marriage. The provision would be applicable where the marriage between the parties exists and not where the divorce has been taken by any spouse.

Ans: Today’s scenario is very well explained by Andhra High Court in S.Rehana Sulthana @ Rehana Begum vs B.Mohammad Ghouse & Another on 28.03.2016 that in the society regardless of religion, region and caste though it is somewhat painful. Now days, the number of matrimonial cases is abundantly increasing day by day due to obvious reasons. Due to lack of patience, intolerance, unconcern, greediness and financial independence among newly married couple may be the root cause for the family disputes. It is a matter of common knowledge that the real cause for differences between the couples may be so many else other than which they are fighting in the Courts. It is the duty of the parents as well as elders to impart the value of marital knot to the younger couple in order to enjoy the married life in a fruitful manner. If the elders of both sides intervene at right time as well as identify the real cause for differences between the couples, the Courts may not be overburdened with ma...

Ans: On the misuse of the provisions for claim maintenance, it is opined by Madras High Court on Hari Har Raj Kalingarayar vs Aarti on 22 June, 2018 that it is a matter of deep concern that though the law for maintenance is a valuable and beneficial legislation safeguarding helpless wife, who is unable to maintain herself, but there are some instances where the wife focus her husband as like that of an ATM and the beneficial provisions of law are considered to be utilized as a tool of harassment. 

Ans: Right to life under Article 21 of the Constitution of India means “right to livelihood”. A woman can not be denied of such right being dragged out of her matrimonial home. She has a right to sustain her life as well as it must be with dignity. A person cannot be permitted to live a life like an animal and a person can not be thrown away from grace. A woman can not be compelled to roam for her basic necessities somewhere else. She is entitled to lead a life in the similar manner as she would have lived in the matrimonial house. This is where status comes into play that is where the obligations of the husband, in case of a wife, become a prominent one and she cannot be allowed to live a life of beggar and destitute on the scrap heap of society and the very concept of sustenance and maintenance generates there and there is a duty cast upon the husband to look after his wife as well as upon his children. But on the other hand, law has also cast a duty upon the courts that justice ...

Ans: In the case of Padmja Sharma v. Ratan Lal Sharma, (2000) 4 SCC 266, the honourable Supreme Court held that “the concept behind maintenance is to protect the wife from destitution.” Further, the right to maintenance includes provisions for food, clothing, residence, education, medical attendance, as well as treatment. The maintenance can not be excessive and it is provided to live under undignified conditions.

Ans: In case of Mangat Mal V. Punni Devi, 1995(6) SCC 88, though it was a case that arises under section 14 of Hindu Succession Act as to what would be the reasonable amount of maintenance,  the Apex court held that the maintenance, must, therefore include the provision for food and clothing and the like and take into account the basic need of a roof over the head. 

Ans: In the Judgement of Jasbir Kaur Sehgal V. District Judge, Dehradun,1997(7) SCC 7, the Apex Court held there is no set formula for fixing the amount of maintenance. The amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and the mode of life she was used when she lived with her husband. At the same time, the amount so fixed can not be excessive or extortionate.

Ans: Considering the judgement of honourable Supreme Court of India in Kalyan Dey Chowdhury V. Rita Dey Chowdhury Nee Nandy , it would be appropriate to grant 25 percent of income of husband as maintenance and same can not be interfered by the high court. In that view of the matter, finding no grounds to interfere with the order of the trial court, the criminal Revision is dismissed.

Ans: In this citation of Bhaskarrao s/o wamanrao, bhuibhar V. Sau Smita ,Bhaskarrao bhuibhar and another, Bombay High Court, August 22, 2022, relying on the citation of Seema and others V. Gaurav Juneja, 2019, it is submitted that 25 percent of the salaried income of husband would be just and proper rate for awarding maintenance.

Ans: In the Judgement of Seema and Others V. Gaurav Juneja ,2019, the Punjab and Haryana High Court told that 25 percent of salaried income of husband would be just and proper rate for awarding maintenance.

Ans: In the Judgement of Prashant s/o Premraj Telang Vs. Anita Prashant Telang and others, (Criminal Writ Petition No. 453/2021) decided on 29.07.2022, it is contended that that the order of maintenance shall maintain a right balance in both the situations.

 Ans: Govind Singh v. Smt. Vidya (1999). It is true that Section 24 of the Hindu Marriage Act, 1955 (maintenance pendente lite ) permits any party to file a maintenance application if the other party is able to provide maintenance and the other party has no means of sustenance. In the case of Govind Singh v. Smt. Vidya (1999), that appeared before the Rajasthan High Court, it seemed that the appellant, Govind Singh, had rendered himself incompetent by ceasing to operate the hired auto-rickshaw. It was a well-established Anglo-Saxon law precept that no one may be permitted to become incapacitated and that adage holds true in the case of a working husband. The Court, therefore, observed that a person who voluntarily incapacitated himself from earning, would not be entitled to claim maintenance from the other spouse.

Ans: In the citation of Reema Salkan v. Sumer Singh Salkan, it said, "The Apex Court holds that Section 125 of the Cr.P.C. was conceived to ameliorate agony, anguish, financial suffering of a woman and, therefore, maintenance should be awarded on a rational basis. At this distance of time, keeping in mind the spiraling inflation rate and high cost of living, an order should be passed granting such maintenance." It then held "In the light of the judgment rendered by the Apex Court (supra), it cannot be said that the petitioner was not entitled for enhancement in maintenance. The earning of the husband was not in dispute, as the Court records that merely because the husband earns Rs.1.5 lakhs to Rs.2.00 lakhs a month, enhancement of maintenance cannot be granted. Therefore, the reason rendered by the concerned Court is on the face of it, is erroneous."

Ans: In this case, the Hon'ble High Court of Delhi has held that when Income of both husband as well as wife are almost similar and both almost equally qualified, there is no justification to grant interim maintenance to the wife. The honourable high court held that the maintenance to wife is to provide the sustenance according to the status of husband and not to exploit him.

Ans: Because of the change to Section 125 CrPC by Madhya Pradesh Act (10 of 1998), the learned counsel for the appellant had contended that the maximum sum that may be given as maintenance under Section 125 CrPC in the state of Madhya Pradesh might be Rs. 3,000/-. It appears that Section 125 of CrPC has been further amended in Madhya Pradesh by a subsequent amendment by Madhya Pradesh Act (15 of 2004), which does not contain any upper limit on the amount of maintenance that can be granted under the aforementioned provision and instead leaves it to the magistrate’s discretion. Consequently, the appellant’s counsel’s contention stood without merit. After the Code of Criminal Procedure (Amendment) Act, 2001, which eliminated the phrase “not exceeding five hundred rupees in the whole,” any state amendments to Section 125 of CrPC that established a ceiling on the amount of maintenance to be provided to the wife, became invalid. The appeal in the present case was therefore dismissed. 

Ans: The present case of Manoj Yadav v. Pushpa @ Kiran Yadav (2011) concerned an appeal that was filed against the impugned judgement of the Madhya Pradesh High Court dated 23.01.2009 passed in Criminal Revision No. 12/2008. That judgement was rendered in a criminal revision which was brought against the learned Additional Family Court, Gwalior’s order dated 04.10.2007 rendering respondent maintenance of Rs. 1,500/- per month under Section 125 CrPC. The respondent had requested an increase in the maintenance by means of her criminal revision. The High Court, in the impugned decision, awarded the wife-respondent in this matter monthly maintenance of Rs. 4,000/- with effect from January 1, 2009. That Order had been questioned before the Apex Court in the present case.

Ans: The purpose of section 138 of the Negotiable Instruments Act was mentioned in this case by the Hon’ble Supreme Court of India. The court noted that section 138 was added to the statute when it was passed with the specific purpose of creating a particular provision involving strict responsibility as it related to cheques as negotiable instruments. A key tool for the regulation of the  Negotiable Instrument Act is Section 138 of the Act, which establishes severe responsibility in the event of a payment default. The numerous actions are being done to implement changes made possible by the Negotiable Instruments Act of 1881 to make the law more strict in default of cheque. 

Ans: In this citation, the issue of cheques with fraudulent signatures being presented for cash in bank and was investigated by the honourable Supreme Court. It was decided that a bank is not legally obligated to render any kind of payment in response to a cheque that is presented for encashment but also bears forgeries. It would be assumed that the bank has broken the law if bank debits the client for the amount of the cheque and makes any payment in favor of such cheques.

Ans:  In circumstances when cheque is not honored, the Negotiable Instruments Act of 1881 is applicable. Since 1881, several amendments have been made to this Act. The dishonor of a check is a criminal offence under Section 138 of the negotiable instrument Act, which carries a maximum two-year jail sentence, a monetary fine, or both. Within 30 days of receiving the bank’s “Cheque Return Memo,” the payee or drawee must give the drawer the notice. The notification must state that the payee or drawer must receive the amount of the check within 15 days of the drawer’s receipt of the notice. The payee has the right to submit a criminal complaint under Section 138 of the Negotiable Instruments Act if the cheque issuer or drawer does not make a new payment within 30 days of receiving the notification.

Ans: It is legal to refer a criminal compoundable case as one under Section 138 of the Negotiable Instrument Act to mediation.

Ans: The Apex Court did not intend to increase the interim maintenance ordered to the appellant by the High Court during the pendency of the husband’s appeal because she was working and earns Rs.9,000/- per month.  However, the Court deemed it proper to direct the respondent to pay a sum of Rs.5,000/- per month to the applicant for the maintenance of their daughter during the pendency of the appeals before the High Court, taking into account the child being the daughter of a high-ranking officer, the exorbitant fee structure in good schools, and the cost of living. The Honourable Supreme Court held the objective to grant maintenance is to fulfill the needs of wife and children according to the husband's status and not to put burden on husband.

Ans: The honourable Supreme Court while deciding the review petition made reference to the case of Dr. Kulbhushan v. Raj Kumari & Anr., wherein it was held that 25% of the husband’s net salary would be just and proper to be awarded as maintenance to the wife.

Ans: The honourable Supreme Court held that the objective of maintenance is to provide better sustenance to wife according to the status of husband and not to furnish burden to husband. In the citation of (SC), Hbl J. R. M. Lodha, order on 20-07-2010, Appeal No. 5660 of 2010, Arising SLP (C) No. 6736 of 2007, Neeta Rakesh Jain Vs Rakesh Jeetmal Jain. Citation No. AIR 2010 SC 3540; (2010) 12 SCC 242; 2010 (7) JT I 76 (SC), the honourable Supreme court reduced the interim maintenance paid to wife.

Ans: Certain guidelines had been set down by the honourable Supreme Court in its judgment in the case of Rajnesh versus Neha (2020). The criteria will include the parties’ status, the applicant’s (in this case the wife’s) needs, and the respondent’s income and property, the claimant’s liabilities and financial responsibilities, the parties’ age and employment status, the parties’ residential arrangements, the parties’ minor children’s maintenance, and illness or disability.

Ans: The honourable Supreme Court in Bhuwan Mohan Singh v. Meena & Ors (2014) has held that Section 125 of CrPC was conceived to alleviate the agony, anguish, and financial suffering of a woman who has left her matrimonial home for the reasons set forth in the provision so that the Court can make appropriate arrangements for her and her children if they are with her. The term “sustenance” does not always imply that one is living an animal’s existence. She has the legal right to conduct her life in the same manner as she would have in her husband’s home. 

Ans: Yes, the amount of maintenance can be acquired through attachment and auction in compliance with Rajnesh V. Neha judgement of honourable Supreme Court. 

Ans: The honourable Supreme Court also noted that there is a tendency on the part of the wife to exaggerate her needs, and there is a corresponding tendency by the husband to conceal his actual income. To make an  assessment for grant of interim maintenance, the bench has also directed that affidavit of disclosure of Assets and Liabilities shall be filed by both parties in all maintenance proceedings, including pending proceedings before the concerned Family Court / District Court / Magistrates Court.

Ans: The honourable Supreme Court has observed that the objective of granting interim / permanent alimony/maintenance is to ensure that the dependant spouse is not leaded to destitution or vagrancy on account of the failure of the marriage, as well as it will not be made as a punishment to the other spouse. The maintenance amount awarded must be reasonable as well as realistic, and to avoid either of the two extremes i.e. maintenance awarded to the wife should neither be so extravagant which becomes oppressive and unbearable for the respondent, nor it should be so meagre that it drives the wife to penury.

Ans: In accordance with the citation of Kalyan Dey Chowdhury vs Rita Dey Chowdhury Nee Nandy on 19 April, 2017, the maximum limit of maintenance decided by  honourable Supreme Court is 25 percent amount of Husband's Gross Salary provided there is no children.  Since the husbands pay premium and other installments, thus the gross salary will be considered.

Ans: In accordance with the citation of Kalyan Dey Chowdhury vs Rita Dey Chowdhury Nee Nandy on 19 April, 2017, the maximum limit of maintenance decided by  honourable Supreme Court is 25 percent amount of Husband's Gross Salary if there is no children.  Since the husbands pay premium and other installments, thus the gross salary will be considered.

Ans: There is no prescribed period of limitation and there is no prescribed court fee for Writ Petition (Criminal) in Supreme Court. 

Ans: The prescribed court fee of Writ Petition( Civil) is Rs 50 per petitioner in Supreme Court and there is no prescribed limitation period i.e. the writ petition can be filed any time.

Ans: After removal of defects, the defective matters are to be re-filed within 28 days from the date of communication of defects. An application seeking condonation of delay is to be filed, in cases of delay. Such applications are also listed before the Court for passing of an appropriate order. Once the re-filing is complete, the matters are again scrutinized to ensure that communicated objections have been deleted. Thus, matter is registered only after ensuring that the application is in proper order.

Ans: A new system that has been made effective from 4th of May, 2009 enables the filing of check list and ordinary cases at two counters, meant for this purpose. This is followed by immediate issuance of the Diary Number. Further, the defective transfer and writ petitions can also be returned to the advocate concerned for curing of the defects and re-filing of these defective petitions.

Ans: Supreme Court Rules provide that all applications, petitions, plaints and other documents that are required to be presented by the party concerned, by the party's duly authorized agent or an Advocate-on-Record duly appointed for the purpose, at the Filing Counter of the Court between 10.15 a.m. to 1 p.m. and 1.30 p.m. to 4.30 p.m. on weekdays (working) and from 10.30 a.m. to 12.30 p.m. on working Saturdays. Further, the documents prescribed by the rules of the Court to accompany any such filing as filing a requirement should also be done. A counter for fresh matter is also kept open to receive fresh matters between 5.00 pm to 8.00 on working days.

Ans: Procedure of e-filing in Supreme Court: E-filing of cases by any Advocate-on-Record or Petitioner-in-person has now been made possible. The program developed by National Informatics Centre is user friendly. The official website of the Supreme Court provides detailed step by step Guidelines, frequently asked questions and e-manual for e-filing. Further, the payment of prescribed court fees and printing charges at 1.50 Rs. per page can be paid through any Visa /Master card issued by certain specified banks. For the purpose of e-filing, all Advocate-on-Record have been given a password by the Registry of the Supreme Court. This password can be changed by Advocate-on-Record by accessing the website. Petitioner-in-person is required to submit proof of his identity such as ration card/ pan card / identity card/ driving license/ voter ID card by scanning the document. The documents such as affidavits and vakalatanamas can also be submitted by scanning and uploading them on the website. A...

Ans: The following documents are included in Part-II and are to be destroyed after the period mentioned alongside: 1. Appearance, power of attorney and Vakalatnama [one year] 2. Affidavits [one year] 3. Taxation files including bills of costs [one year] 4. Register of bills of costs [one year] 5. Despatch Register [one year] 6. Applications for condonation of delay and such other formal applications [one year] 7. Correspondence in cases [one year] 8. Unclaimed documents other than original documents [one year] 9. Office notes in the case files [one year] 10. Copies of summons and notices [one year] 11. Copying Register [one year] 12. Surplus copies of printed records, and of pleading and petitions [one year] 13. Minutes Book of the Judge to be destroyed by burning on the laying down of office by the Judge unless the Judge desires to retain them in his personal custody [one year] The records can be preserved in physical, digitized, scanned, microfilmed or any such other form as the Chie...

Ans: The following documents are included in Part-l of records which are preserved permanently:  1. Index 2. Judgment 3. Decree or Order 4. Pleadings (Plaint, written statement, set off and counter claim) 5. Petition of appeal, reply in petition of appeal and rejoinder to the reply, with such annexures as are original documents 6. Statement of Case 7. Original petitions including admitted Special Leave Petitions and Article 32 petitions, objections/reply to the notice and rejoinder to the reply, with such annexures as are original documents 8. Reference received under Article 143 9. Reference received under Article 317 (1) 10. Memorandum of compromise, award of arbitrators, which results in a decree. 11. Original documents 12. Papers of historical, sociological, scientific or archival value and such other papers, as in the opinion of the Court or the Registrar should be permanently preserved. 13. Served Summons and Notices 14. Acknowledgments(s) of receipt of summons and notices by...

Ans: The records are divided into two parts. Part-I deals with the information that is to be preserved permanently. Part-ll deals with the information that is to be preserved for the period specified in the Rules.

Ans: The Supreme Court grants the power of inspection of pleading, documents or records of the case to every party and their advocate. Court fee prescribed for such an inquiry is Three Rupees. Such an inspection can be carried out in the presence of an officer of the Court, after 24 hours notice in writing to the parties concerned/appeared. Supreme Court also makes the process of inspection available for a person who is not party to the case, after good cause is shown for this purpose.

Ans: Request for copies can be made either by the parties or their advocate upon filing an application, giving essential particulars of the case in which copies are sought. As a matter of practice, every such application is given a computer generated registration number and receipt. Defective applications are displayed in the defect list displayed on the notice board. Non-defective applications are generally processed within a day or two, however the Supreme Court Rules provide for supply of copies within 7 days of an application. Ordinary office copies are charged at a fee of One rupee per page. Urgent ordinary copies can be requested by paying an urgency fee of five rupees per document additionally. Fee of Rs. 10/- is also payable for each certification, if an ordinary certified copy is required and urgency fee of five rupees along with certification fee of Rs. 10/-per document is payable as additional fee for urgent certified copies. Supreme Court is also authorized to supply certif...

Ans: Supreme Court has a copying branch, responsible for supply of copies. There are four kinds of copies that are supplied by the branch and that are as following: Office Copy, Ordinary Certified Copy Urgent Office Copy; and Urgent Certified Copy.

Ans: A court of record is a court whose acts and proceedings are registered for perpetual memory and testimony. Article 129 of the Indian Constitution makes the Supreme Court the 'court of record' and empowers it to punish for contempt of itself. Further, Article 215 empowers the High Court to be a court of record as well. Enabling the Apex Court to punish for its contempt serves dual purpose. It not only ensures that dignity of the Court against any insult or injury is maintained, but more importantly serves as a mechanism to protect the rights of the public so that the administration of justice is not objected or interfered with. Any such act challenges the authority of the Court, which ultimately questions the justice deliverance by such an adjudicating body. The only weapon available to judiciary against such attempts is the long hand of Contempt of Court. Contempt of Court means civil contempt or criminal contempt." Civil contempt means willful disobedience to any jud...

Ans: It has been laid down by the Supreme Court that the following categories of decisions of the Supreme Court have no binding force: a. Obiter Dicta, i.e., statements which are not part of ratio decidendi i.e., rule of law on which judicial decision is based.  b. A decision per incurium, i.e., a decision given in ignorance of the terms of a statute or rule having the force of a statute. c. A decision passed sub-silento, i.e., without any argument or debate on the relevant question. d. An order made with consent of the parties, and with the reservation that it should not be treated as a precedent.

Ans: Article 141 of the Indian Constitution states that, "the law declared by Supreme Court shall be binding on all the courts within territory of India." This article recognizes the role of the Supreme Court to alter the law, in course of its function to interpret legislation, in order to bring the law in harmony with social changes. This doctrine of precedent provides finality and adherence to previous judgments, and also ensures consistency in the application of law. The binding part of a judgment is the ratio and not any finding on facts, or an opinion of Court which is not central to dispute. It has been observed that only principles of law that emanates from judgment of Supreme Court which have aided the Court in reaching the conclusion of the problem are binding precedents.

Ans: As mentioned earlier, the Supreme Court shifted to its present location in the year 1958. The architectural design of the building is such that it projects the image of justice. The central wing of the building appears like the central beam of the scales and consists of five court rooms with the Chief Justice's Court at the centre. Further, the Court of Chief Justice is largest, with a floor area of 3,000 sq.ft. The left wing of the building comprises of the Bar Room, the library of the Court and the offices of the Law Officers. The right wing shelters the offices of the Court. In 1979, the east and the west wing, consisting of two court rooms each were added to the complex. Further, in 1994 a second extension of the building was made connecting the east and the west wing of the first extension. On the main lawns in front of the complex lies a sculpture of lady (Mother India) sheltering a child (young Republic of India), who is upholding the laws of land symbolically shown in ...

Ans: The Registry of the Supreme Court of India maintains the database created in the Supreme Court by the National Informatics Centre (NIC, Department of Information Technology, Government of India). This database is responsible for providing an information system which is designed to provide information on pending and disposed off cases of the Supreme Court of India. The Registry of the Supreme Court is headed by the Secretary General who is assisted in his work by seven Registrars, and twenty one Additional Registrars etc. Further, Article 146 provides for the appointments of officers and servants of the Registry of Supreme Court. The Supreme Court Registry is divided in 45 Sections, is not only responsible for management of Supreme Court's day-to-day work and but also assistance of the judges of the Supreme Court. The total work of the Registry is divided into various categories, wherein the work assigned to any one category is taken care of by a unit called Section. In total, ...

Ans: In late 2014, the Modi Government enacted the National Judicial Appointments Commission (NJAC) Act and the Constitutional (99th) Amendment Act. Article 124 (2) establishes the procedure for the appointment of every judge of the Supreme Court by the President of India. The President is authorized to make such appointments after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary. The Constitution (Ninety-ninth Amendment) Act, 2014 modified the Article 124 of the Indian Constitution by adding Article 124 A, for the creation of the National Judicial Appointments Commission replacing existing collegium system. The National Judicial Appointments Commission Act aimed at limiting the primacy of the judiciary and increasing the Government's involvement in such appointments. It was proposed that the National Judicial Appointments Commission is to be comprised of the Chief Justice of India and two-senior most...

Ans: Article 124 of the Constitution of India provides for the establishment and constitution of Supreme Court. It establishes the composition of Supreme Court, qualifications for and procedure of appointments and removal of a Supreme Court Judge.  Article 125 provides for the salaries etc of the Hon'ble Judges. Article 126 of the Constitution of India, 1950 establishes the appointment of acting Chief Justice, when the office of the Chief Justice of India is vacant or the Chief Justice is unable to perform the duties of his office. Further, Article 127 establishes the procedure for appointment of ad hoc judges and Article 128 provides for the attendance of the retired judges at sittings of the Supreme Court. Initially, the Constitution provided for the appointment of seven puisne judges. However, with increase in workload lead to the realization of the need for more judges. Thus the judges of Supreme Court has been increased to 33 under the Supreme Court (Number of Judges) Amendmen...

Ans: The Supreme Court of India  is the supreme judicial authority of India and the highest court of the Republic of India under the constitution. It is the highest constitutional court and has the final decision in all legal matters. It also has the power of judicial review. The Chief Justice of India is the Head of the Supreme Court and Supreme Court consists of a maximum of 33 judges excluding Chief Justice of India and Supreme Court has extensive powers in the form of original, appellate and advisory jurisdictions.  Shri Dhananjaya Y. Chandrachud is the current Chief Justice of India.

Ans: Supreme Court of India came into existence with enactment of the Indian Constitution on 26th January, 1950. It is located on Tilak Marg, New Delhi. The Supreme Court of India functioned from the Parliament House till it moved to its present building in 1958. It has a 27.6 meter high dome and a spacious colonnaded verandah.' The inauguration of the Supreme Court took place on 28th January, 1950 in the Parliament building. The inaugural ceremony was put under part of the record of the Supreme Court, to ensure that the Rules of the Supreme Court were published and the names of all Advocates and Agents were brought on the rolls of the Supreme Court. The Constitution of India, 1950 originally envisioned a Supreme Court with a Chief Justice and 7 puisne judges, and left it on the Parliament to increase the number. At present the Supreme Court comprises of the Chief Justice and his fellow judges appointed by the President of India from time to time. Supreme Court Judges retire at the...

Ans: Article 130 of the Indian Constitution provides that the seat of the Supreme Court shall be at New Delhi. Further, Article 130 also provides that Chief Justice of India, with the approval of the President, can appoint place or places other than New Delhi as the seat of the Supreme Court. This provision has been the subject of a lot of discussion recently. It has been argued that to lessen the burden of the Supreme Court and to reduce the pendency of cases before it, there should be four cessation Courts located each at the Northern Zone at Delhi, Eastern Zone at Kolkata, Southern Zone at Chennai / Hyderabad and Western Zone at Bombay.

Ans: Article 125 of Indian Constitution ensures the independence of Judiciary as it makes sure that the executive will not be able to alter the salary and allowance of Sitting Judge of Supreme Court to his disadvantage.

Ans: Every state in India is divided into judicial district which are presided over by the District and Session Judge. The jurisdictional limits of the court are the geographical limits of that judicial district.

Ans: Indian Judiciary comprises of various Tribunals, Commissions and Appellate Boards created for a specific purpose. They derive their power and jurisdiction from the statute constituting them. For instance: Chief Information Commissioner has the authority to deal with matters pertaining to right to information act, 2005 only.

Ans: High Courts are the apex judicial structure of the states and union territories. They have the jurisdiction over a state, a union territory  or a group of states and union territories. High Courts have been empowered with writ, Appellate and revisional jurisdiction. However, high courts of Kolkata, Delhi, Mumbai and Chennai enjoy original jurisdiction as well. Further, even high courts are empowered with the power of judicial review. High Courts have the power to issue writs under Article 226 of Indian Constitution, just like the power given to Supreme Court under article 32 of Indian Constitution.  However, there lies a very important distinction. Supreme Court can issue writs to enforce fundamental rights mentioned under part 3 of Indian Constitution whereas high court can issue writs for fundamental rights as well as for other purpose. All the writs i.e., habeas corpus, Mandamus, prohibition, certiorari and Quo Warranto can be filed in High Court. High Courts can ...

Ans: The Supreme Court of India is apex judicial forum and final court of appeal as provided under part V, Chapter IV of the Constitution of India. Supreme Court is empowered with Original, Appellate, Writ and Advisory Jurisdiction.  Further, the court also exercises the power of judicial review. The Supreme Court of India has Original, Appellate and Advisory Jurisdiction. The Original Jurisdiction gives the power to the Supreme Court to hear the matters which are concerned with: Firstly, the dispute between the Government of India and one or more States. Secondly, if there is a dispute among the states. Thirdly, under Article 32[1] the Supreme Court has the Jurisdiction to hear in regard to enforcement of the fundamental rights. It can issue directions, orders or writs. The Supreme Court has the jurisdiction of international commercial arbitration under Arbitration and Conciliation Act, 1996. The Supreme Court has appellate jurisdiction over all the courts and tribunals in India. ...

Ans:This implies the authority on the court to hear and adjudge matters in accordance with the summary jurisdiction. These cases are carried out as summary trials, such that dispute is speedily resolved.

Ans: Probate Jurisdiction: Probate Jurisdiction enables the court to hear and adjudge on the matters pertaining to the estate belonging to a dead person and its guardianship. For instance: Matters pertaining to the administration and execution of the will of the deceased person.

Ans: The Jurisdiction granted upon the courts to hear and adjudge the matters pertaining to the maritime and merchantile law is referred to as admiralty jurisdiction.

Ans: Certain specific matters can be adjudicated by more than one court of law. Such a jurisdiction is referred to as concurrent/ co-ordinate jurisdiction. 

Ans: Appellate Jurisdiction enables the court to rehear and review the case  that has already been decided by the court of lower division.  High Court and Supreme Court can adjudicate in the matters that have been brought in the form of appeal. They can either overrule or upholds the lower court judgement. In certain cases, the court can modify the judgement as well. 

Ans: It is the jurisdiction that enables the court to hear and try certain cases as the court of first instance itself. Unlike appellate jurisdiction, the cases are tried for the very first time. For instance: the original jurisdiction of the Supreme Court gives it authority to adjudicate upon the matters pertaining to the election of a President or Vice President. 

Ans: Pecuniary is defined as relating to money. It implies whether a court can adjudicate upon the suits of monetary value/amount of case or suit in question. 

Ans: Territorial jurisdiction is the authority vested in particular court to adjudicate over matters arising within a predefined territorial/ geographical limit.  The courts can not entertain suit not falling within its territorial/ geographical limit. For instance: The High Court of Madhya Pradesh can entertain suits arising within its pre-defined territorial limits only; unless otherwise provided by the legislature.