How do you respond to a petition?

How do you respond to a petition?

Draft an Answer.Pull the header information from the plaintiff’s petition. Title your Answer “Answer to Plaintiff’s Petition/Complaint.” Center this title and make it bold.Introduce yourself. Admit, deny, or claim that you lack sufficient knowledge to admit or deny each of the plaintiff’s numbered allegations.

How many days do you have to respond to a petition?

If you decide to file a response, you have 30 days from the date you were served with the Summons and Petition to respond.

Is a petition the same as a motion?

A motion is a request to a court for a desired ruling. It is either in writing or oral. A petition is a formal application in writing made to a court or other official body requesting judicial action of some character.

When petition is filed?

A petition is made to the court by a petitioner against a respondent, versus a complaint, which is filed by a plaintiff against a defendant. A petition asks the court to provide a court order, while a complaint is filed to seek damages or to get the defendant to start or stop doing something.

What is the difference between appeal and petition?

A petition is filed initially at the first stage before any court has rendered any decision on a matter. A writ petition is filed to protect constitutional rights or fundamental rights like right to property. Appeals are filed after orders or judgment of lower courts.

What power does a petition have?

The Petition Clause of the First Amendment to the U.S. Constitution guarantees the right of the people “to petition the Government for a redress of grievances.” The right to petition has been held to include the right to file lawsuits against the government.

What is the difference between review petition and curative petition?

The main difference between the review petition and curative petition is the fact that review petition is inherently provided in the constitution of India whereas the emergence of the curative petition is in relation with the interpretation of the review petition by the Supreme Court which is enshrined in article 137.

Who can file a curative petition?

A curative petition may be filed after a review plea against the final conviction is dismissed. It can be entertained if the petitioner establishes that there was a violation of the principles of natural justice, and that he was not heard by the court before passing an order. It must be rare rather than regular.

Under which Article curative petition is filed?

No time limit is given for filing Curative petition. It is guaranteed under Article 137 of Constitution of India i.e. powers of the Supreme Court to review of its own judgements and orders.

What is the Article 142?

Article 142 allows the Supreme Court to pass any order necessary to do “complete justice” in any case. “The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it…” the Article states.

What is the Article 143?

Article 143 of the Indian Constitution confers upon the Supreme Court advisory jurisdiction. The President may seek the opinion of the Supreme Court on any question of law or fact of public importance on which he thinks it expedient to obtain such an opinion.

What is Article 132?

(1) An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in the territory of India, whether in a civil, criminal or other proceeding, if the High Court certifies under article 134A that the case involves a substantial question of law as to the interpretation of this …