Legal Services

IS THERE A WAY TO ENSURE JUSTICE AT ALL COSTS? Once the Supreme Court reaches a verdict, it is considered final and binding and both parties have to accept it whether they are satisfied with the same or not. However, very recently, an issue was raised as to whether an aggrieved individual/party is entitled to receive any kind of relief or remuneration from the State against the order of the Apex Court after it has dismissed the request for the case being dismissed. This issue was raised and highlighted so that a party is guaranteed the justice that has been promised in the Constitution of India. After receiving a mixed bag of reviews and acclamations, the issue was put into effect and the process that a party had to undergo to benefit from the same is what is called a curative petition. WHAT IS THE PHILOSOPHY OF CURATIVE PETITIONS? The primary objective behind allowing curative petitions was to minimize the abuse of law and order, cure lapses in the system of justi...

Right to Freedom is one of the fundamental rights as scripted in the Indian Constitution. Even as a defendant, you are entitled to a bail hearing. Indian Criminal Law has a provision of bail under Section 438 of the CPC (Criminal Procedure Code). If you are in the middle of getting bail and you are not clear with the procedure, then I would recommend that you stick to this article. The term bail might be confusing and misleading for folks from a non-legal background. If you are one of them, then, let me walk you through the process of a bail hearing. After a person is charged with a criminal offense, he/she could apply for bail. It is an assurance that the defendant will appear before the court for the subsequent hearings. If he or she fails to appear in the court then they have to face the consequences. These consequences may include revocation of privileges granted to the defendant. It might also involve monetary bonds or any other form of exchange of the defendant’s assets. A...

From the matters derived from Rupa Ashok Hurra vs. Ashok Hurra and Anr of the year 2002, the Supreme Court of India had newly evolved the concept of Curative Petition . This is where a question is raised whether an aggrieved individual is actually entitled to any relief or some form of assistance, even against the final order or a judgment taken by the Supreme Court. This is processed after the dismissal for a petition’s review. The whole process of the Curative Petition of the Indian Supreme Court states that a case which is held for judgment is in the idea of preventing abuse of its procedures and/or to cure the types of gross miscarriages that may happen in a justice. This may act as an aid in reconsidering every judgment from the court that can be taken for an action or exercise against any of its inherent powers. Generally, for filing this petition, no time duration is required.  Typically, on filing an anticipatory bail, any opposing party will be notifie...

What is an Anticipatory Bail? Anticipatory bail is an official statement of bail issued towards a person who might be arrested for a non-bailable offense. If the person involved thinks that he/she may be soon arrested for a non-bailable offense which wasn’t committed by him/her, he/she can officially ask for an Anticipatory Bail to be drafted. The process of the Bail: For the official drafting of the Anticipatory bail, the person responsible has to contact a court of authority. Once the High Court/Supreme Court receives the bails special leave petition , the court can ask the person to provide sufficient reasons to show that he/she might be wrongly accused of a felony. If the court finds the reasons valid, it may draft an Anticipatory Bail on the name of the person. The court also imposes certain restrictions on the person responsible following the issue of the Anticipatory Bail statement. One important thing to note is that for a person to be released v...