Can we directly file a case in high court or the supreme court of India, without going to subordinate courts?
In India, there is hierarchy of courts, which means one has to first approach the lower courts for remedy. However, this rule is subjected to the following exceptions:Violation of Fundamental rights- If an individual’s fundamental rights like Right to Equality, Life, Freedom of Expression is violated, then she can directly approach the High Court under Article 226 or Supreme Court under Article 32 of the Constitution of India, 1949.Writs- Writ is a formal command and there are 5 kinds of writ that can be filed directly in the High Court or Supreme Court.These are:a. When a person has been arrested on illegal grounds and not produced before the Magistrate within 24 hours- Writ of Habeas Corpus.b. When a public official, public body, , inferior court has failed to perform it’s duty, the Higher or the Supreme Court commands such bodies to fulfill it’s obligations- Writ of Mandamus.c. The Supreme Court and High Courts may prohibit the lower courts from doing something that exceeds their jurisdiction and power- Writ of Prohibition.d. An order to move a suit from an inferior court to superior court- Writ of Certiorari.e. Quo Warranto- The writ to prevent usurpation of public office by anyone.3. Dispute between Central and State governments or between two or more States are directly heard by the Supreme Court.
Can I file a case against someone who has caveat, in a manner that he/she wouldn't be informed prior?
No.If a person has filed caveat in Court, and the caveat still subsists, then you cannot have the case heard without serving notice on the caveator/caveatrix, as it may be.The only option you have is to wait for three months to elapse since the filing of caveat, and attempt to file the suit before the person gets a chance to re-file the caveat. This is a very small window of opportunity, and it is highly unlikely to succeed. However, if the caveator/caveatrix is cavalier about refiling the caveat, then you might just get your chance.
What actions can you take against the police if they knowingly file a false FIR against you and if the senior police isn't accepting your grievance regarding this matter?
We often see that Police files FIR without verifying the facts and it become difficult for innocent person who was deliberately implicated in a case.Senior officer can not cancel FIR whether true or false, they can only direct their sub ordinates to carry out fair and impartial investigation. You can get relief only from court , The High Court can quash (annul) the FIR if it think that it is biased/falsely implicated against the justice, for this you have to file writ petition as per Article 227 Constitution of India. The court can also issue stricture against the police officers if found at wrong end.In case FIR is not quashed , the police After completion of investigation of FIR file a final charge sheet before the competent court to take cognizance (action) on the case. In the charge sheet many columns are there which suggest S. No. of FIR , date/time/place of occurrence, details of complainant/accused person(s) and brief facts of investigation and outcome of investigation with supportive documents.There is a column in charge sheet if after investigation it is revealed that complaint was false information there is provision in IPC as per section 182 which sates thatFalse information, with intent to cause public servant to use his lawful power to the injury of another person.—Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant—(a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or(b) to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.but this punishment is awarded when investigation established that information was falsely given to police authority.
My Divorce case - India?
Unfortunately this is a very pitiable situation where wife got infected by Hepatitis B Virus & now detected as having the Hepatitis B disease which is in communicable form. The said disease has been medically classified under the Category of Venereal diseases. The parties in question seems Hindu by religion, married according to Hindu form of marriage hence covered under the Hindu Marriage Act,1955 in India. Section 13 of the Hindu Marriage Act,1955 provides for the grounds for divorce & section 13 (1)(v) provides:- Any marriage solemnized, whether before or after the commencement of the Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party has been suffering from venereal disease in a communicable form. The wife in the case has Hepatitis B in a communicable form, hence this will be a valid ground for the husband to seek divorce from her on this ground itself. The issues with regard to the fact how & when the wife got infected of this disease, the husband tested negative for the disease hence the disease has not communicated to him by the wife, will be raised but the plan reading of the above provision of the Hindu Marriage Act,1955 with regard to the grounds for divorce what has to be seen by the court whether the said disease is a form of venereal disease & whether it is of communicable form? The medical evidence with regard to both the above mentioned questions will be in affirmitive hence sufficient for the court to grant decree of divorce to the husband. The issue with regard to manly features of walking & talking , well built body structure is no ground for dissolution of marriage.
If a civil court case is dismissed, can the same case be reopened?
depends on what happened in the dismissal The doctrine of preclusion prevents a plaintiff from bringing suit against parties over a set of circumstances more than once. This works for a different theory of law over the same set of facts as well as an issue that has already been decided in court. A case that has a final judgment cannot be reopened Your case could be dismissed for failure to state a claim upon which relief can be granted (Rule 12). In this case, you could submit a new complaint with a valid claim and continue to adjudicate. The same is true for lack of personal or subject matter jurisdiction. The term is dismissed with or without prejudice. Should a case come to a final judgment, the recourse is appeal. Based on the error alleged, the court may review the case with different levels of scruitiny and may remand the case to the lower court for a retrial or findings of fact. This is the process at the federal level. Most states have adopted rules similar to the FRCP for continuity reasons.
Can the police bust a party if it is private property protected with a gate?
If i were to go to a party on private land with a gate ( piece of steel cable anchored between two trees) can they come onto the property in attempts to arrest people?