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Showing posts from June 27, 2021

Attorney General Of India

 The Attorney General for India is the Indian government's chief legal advisor, and is its principal barrister in the Supreme Court of India. They are appointed by the President of India on the advice of the Union Cabinet under  Article 76(1)  of the Constitution and hold office during the pleasure of the President. They must be a person qualified to be appointed as a Judge of the Supreme Court. Hence, they must have been a judge of some high court for five years or an advocate of some high court for ten years, or an eminent jurist in the opinion of the President. Attorney General is necessary for advising the Government of India on legal matters referred to them. They also perform other legal duties assigned to them by the President. The Attorney General has the right of audience in all Courts in India as well as the right to participate in the proceedings of the Parliament, though not to vote.The Attorney General appears on behalf of Government of India in all cases (including su

Review Petition v/s. Curative Petition v/s. Mercy Petition With Special Reference To Nirbhaya Case

Review Petition In India, a binding decision of the Supreme Court/High Court can be reviewed in a review petition. A review petition cane be filed by the parties aggrieved by the decisions of Supreme Court. The provision of review is an exception to the principle of stare decisis as courts generally do not unsettle a decision, without a strong case. As per Article 137 of the Constitution of India and the rules made under Article 145, the Supreme Court of India has the power to review its judgment pronounced by it. As per Supreme Court rules, 1966 such a petition is to be filed within 30 days of the pronouncement of judgment or order and that petition should be circulated without oral arguments to the same bench that delivered the judgment. Furthermore, if a review petition is dismissed by the Supreme Court, it may consider a curative petition filed by the petitioner so as to prevent abuse of process. In accordance with Order XVII, Rule1(1) of Code of Civil Procedure, 1908, a civil revi