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In legal contexts, pendency is the state of a case that is pending i.e. has been opened but not concluded. The judiciary in India works in hierarchy at three levels - federal or supreme court, state or high courts, and district courts. [1] The court cases is categorised into two types - civil and criminal.
Legal Systems of the World. Comparative law is the study of differences and similarities between the law and legal systems of different countries. More specifically, it involves the study of the different legal systems (or "families") in existence around the world, including common law, civil law, socialist law, Canon law, Jewish Law, Islamic law, Hindu law, and Chinese law.
The civil court/district court is judged by the district and sessions judge who is the judicial head of a district with a limited control over administration also. It is the principal court of original civil jurisdiction besides the high court of the state and which derives its jurisdiction in civil matters primarily from the Code of Civil ...
The common law, as applied in civil cases (as distinct from criminal cases), was devised as a means of compensating someone for wrongful acts known as torts, including both intentional torts and torts caused by negligence, and as developing the body of law recognizing and regulating contracts.
A Lok Adalat can take up civil cases (including marriage and family disputes) and compoundable criminal cases. The decision of a Lok Adalat deciding any case coming before it is deemed as final, and any award or decree issued is enforceable on competing parties. [16] Additionally, the issued order cannot be recalled or reviewed by the court.
The high courts of India are the highest courts of appellate jurisdiction in each state and union territory of India.However, a high court exercises its original civil and criminal jurisdiction only if the subordinate courts are not authorized by law to try such matters for lack of peculiar or territorial jurisdiction.
(a) The High Court can hear appeals in civil cases if the amount involved in the case is at least Rs. 5000. (b) The High Court in criminal cases hears the appeal in which the accused has been sentenced to four years imprisonment by the Sessions Judge. v (c) The death sentence awarded by Sessions Judge is subject to approval by the High Court.
In India, as in the majority of common law jurisdictions, the standard of proof in tort cases is the balance of probabilities as opposed to the reasonable doubt standard used in criminal cases or the preponderance of the evidence standard used in American tort litigation, although the latter is extremely similar in practice to the balance of ...