Can you question a judge?
Can you question a judge?
The Judge Can Ask Additional Questions But if the judge has additional questions or believes that more testimony is necessary to help get at the truth of a given issue, he or she may question the witness themselves. A judge can even call witnesses on their own in some circumstances.
What is an issue of fact?
A dispute in court in which the significance of a fact or facts is denied. ‘it was an issue of fact to be determined by the jury’
Can Supreme Court decide disputed questions of facts?
The Hon’ble Supreme Court has held that in cases where the dispute of fact is of the nature whereby they do not require elaborate evidence to be adduced in order to determine the disputed question of fact such cases should not be denied maintainability in the light of dispute of facts.
When can a writ petition be filed?
Under Article 226, a writ petition can be filed before any High Court within whose jurisdiction the cause of action arises, either wholly or in part. It is immaterial if the authority against whom the writ petition is filed is within the territory or not.
What is civil appeal in Supreme Court?
An appeal may be filed against any judgment, decree or final order in a civil proceeding of a High court if the High Court certifies that the case involves a substantial question of law of general importance and that in the opinion of the High Court the said question needs to be decided by the Supreme Court.
When can the Supreme Court refuse to grant relief Article 32?
The right to approach the Supreme Court under Article 32 can only be suspended in times of an Emergency – and even then, not when it comes to the right to life and personal liberty.
In which of the following cases government Cannot be held liable?
The government cannot be sued for torts in respect of its sovereign functions. However, it can be sued for torts committed by its officials while exercising non-sovereign functions. After the Kasturilal case (1965), the Supreme Court has narrowed the scope of sovereign functions of the government.
What are non sovereign functions?
While non-sovereign functions are those functions that are amenable to the jurisdiction of an ordinary civil court and if the state does any tortious act or breach of contract, it will be liable for the wrong done.
Can Supreme Court Judgement be challenged?
The parties aggrieved on any order of the Supreme Court on any apparent error can file a review petition. Under Supreme Court Rules, 1966 such a petition needs to be filed within 30 days from the date of judgement or order.
How for state is liable for wrongs of its servants discuss?
Vicarious Liability of state is also known as the tortious liability of the Government. State’s liability for the tortious actions of its employees is called as tortious liability of the State. State is liable for the acts of negligence, wrongful execution and omission or commission either voluntarily or involuntarily.
What is tortious liability?
Tortious liability [P8] Law of tort is a part of English common law. The definition of tortious liability is as: “Tortious liability arises from the breach of a duty primarily fixed by law; this duty is towards persons generally and its breach is redressible by an action for unliquidated damages.”
What are the three essential ingredients for employers vicarious liability?
Employers’ liability In order to be vicariously liable, there must be a requisite relationship between the defendant and the tortfeasor, which could be examined by three tests: Control test, Organisation test, and Sufficient relationship test.
Why is defamation a tort?
Defamation is tort resulting from an injury to ones reputation. It is the act of harming the reputation of another by making a false statement to third person. Defamation is an invasion of the interest in reputation. Defamation law allows people to sue those who say or publish false and malicious comments.
