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GENERAL AND COMMERCIAL

LAWS


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CONSTITUTION OF INDIA


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TYPES OF CONSTITUTION

UNITARY -- ITS FEATURES

FEDERALITS FEATURES

-DUAL GOVERNMENT

-DISTRIBUTION OF POWERS

-INDEPENDENCE OF JUDICIARY

-SUPREMACY OF CONSTITUTION


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INDIAN CONSTITUTION IS BASICALLY FEDERAL WITH

UNITARY FEATURES:

--All new laws can be passed only under Item 97 of Union

List

--Union can pass laws on State List under five exceptionalcircumstances

--If there is a contradiction between law passed by Union

and State on the same subject under Concurrent List, onlythe law passed by the Union, subject to certain conditions,

prevails


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FUNDAMENTAL RIGHTS

PART III

They are available against the State

STATE (Art. 12): It includes Governments, Parliament and

Local Authorities

Whether it includes Judiciary or not in the context ofJudiciary being independent?


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All laws existing on the date of Constitution, if they contain

any provision inconsistent to Fundamental Rights, shall be

void (Art. 13 (1))

State cannot make any law in future inconsistent to the

provisions relating to Fundamental Rights (13 (2) )

AMENDABILITY OF FUNDAMENTAL RIGHTS

Law includes amendments, rules, regulations etc.

Whether State can make any amendments to FR and if it

does, is it a violation of Art. 13 (2) ?

Golaknathscase and Keshvananda Bharatiscase


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RIGHT TO EQUALITY (ART. 1418)

ART. 14: RIGHT TO EQUALITY

Equality before law and equal protection of law

Test of valid classification:

-Clear distinction between those who are covered and

omitted in the law

-The distinction should have reasonable nexus to thepurpose of law

-Both must be fulfilled


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ART. 15:

No discrimination by State against any citizen

On the only grounds of race, religion, caste etc

It applies to private persons also when they maintain a

public property

Exceptions:

-State can make a special law for women and children

-State can make a special law for advancement of sociallyand educationally backward classes of citizens and SCs andSTs


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ART. 16:

Similar to Art. 15 but it applies only to State employments

Exceptions:

-State can make reservations in favour of BCs if it is of the

opinion that such class is not adequately represented in

State employment

-A religious office under State can be reserved for a person

only from that religion

ART. 17: ABOLITION OF UNTOUCHABILITY

ART. 18: ABOLITION OF TITLES except military and academic

titles


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RIGHT TO FREEDOM (ART. 1922)

ART. 19: Available only to citizens

19(1) (a) Freedom of speech and expression

-Exceptions under 19 (2)

19(1) (b) Freedom to assemble peacefully and without arms


19(1) (c) Freedom to form associations or unions-Exceptions under 19 (4)


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19 (1) (d) Freedom to move throughout the territory of India

19 (1) (e) Freedom to reside and settle in any part of India

-Exceptions to both above under 19 (5)

19 (1) (g) Freedom to practise any profession or do anybusiness


(CHINTAMAN RAO CASE)


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ART. 20

(1) Protection against ex post facto laws

(2) Protection against double jeopardy

(3) Protection against self incrimination

ART. 21 A

State shall provide compulsory and free education to

children between the age of 6 and 14


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ART. 21: PROTECTION OF LIFE AND PERSONAL LIBERTY

-Meaning of life

-Various interpretations of personal liberty

- It covers only physical movement (AK GOPALAN CASE)

- It also covers right to privacy (KHARAG SINGH CASE)- It also covers right to travel abroad (SATWANT SINGH

SAWHNEY CASE)

Presently it includes right to bail, right to speedy trial, rightto free legal aid, right not to be handcuffed except under

special circumstances etc.


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ART. 22: PROTECTION AGAINST ARREST AND DETENTION

The arrested person should be given reasons and allowed tohave a lawyer of his choice

To be produced before the nearest magistrate within 24

hours of his arrest

Such protection is NOT available to

--a person arrested and detained under any Preventive

Detention Law and --to an alien enemy


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RIGHT AGAINST EXPLOITATION (Art. 23 and 24)

Art. 23:

Traffic in human beings and various forms of forced labour

are prohibited except where State can impose compulsory

service for public purposes without discrimination on thegrounds only of race, religion etc.

Art. 24:

Children below the age of 14 shall not be employed in any

factory or mine or in any other hazardous employment


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FREEDOM OF RELIGION (ART. 2528)

Art. 25:

Every person is entitled to preach and practise any religion

of his choice subject to reasonable restrictions imposed by

the State in the interest of public order, morality etc.

Art. 26:

Every religious denomination has a right to maintaininstitutions for religious or charitable purposes, to manage

its own affairs etc.


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Art. 27:

No person shall be compelled to pay any taxes for promotion

of any particular religion or religious denomination

Art. 28:

No religious instruction shall be provided in any educational

institution maintained wholly out of State funds

No one can be compelled to take part in any religiousinstruction in any State aided educational institution unless

he or his guardian has given consent


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CULTURAL AND EDUCATIONAL RIGHTS (Art. 29 and 30)

Art. 29:

-Every citizen residing in any part of the country shall have aright to preserve and practise his distinct language, culture,script etc.

-No citizen shall be denied admission in any State owned orState aided educational institution on the grounds only of

race, religion, caste, language etc.

Art. 30:

-All minorities have a right to establish and manage

educational institution of their choice-State shall not discriminate any educational institution forgrant of aid on the ground only that it is managed by aminority whether religious or linguistic


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RIGHT TO CONSTITUTIONAL REMEDIES (ART. 32)

-Any one aggrieved by violation of any fundamental rights

can move Supreme Court directly by way of a writ

-This right cannot be suspended except as provided by the

Constitution (like under emergency)


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DIRECTIVE PRINCIPLES

PART IV

Meaning

Not enforceable

Examples:

--Equal work and equal pay

--Equal justice and free legal aid

--Provision of Living wages

--Prevention of concentration of economic wealth to

common detriment (Art. 39 (b) and (c)

--Uniform civil code for all citizens

Difference between FR and DP

RELATIONSHIP BETWEEN FR AND DP


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RELATIONSHIP BETWEEN FR AND DP

Initially the law violating FR was held as void though it was

as per DP

Subsequently principle of harmonious construction was

applied to hold a part of the law as valid

Later on, 25thAmendment was passed introducing Art. 31C

providing that any law passed to give effect to Art. 39 b and

c shall not be held void even if it violates Art. 14 or 19. This

Amendment was held to be valid in public interest

Later on, 42nd Amendment was passed in 1976 providing

that any law passed on DP was valid even if violates Art. 14

or 19 which was held by Supreme Court as unconstitutional


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FUNDAMENTAL DUTIES

PART IV A AND ARTICLE 51 A

Applies only to citizens

Examples:

- Respect national anthem and national flag

- Maintain brotherhood

-Protect environment and monument

-Cherish culture and heritage

Not enforceable


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PRESIDENTS ORDINANCE MAKING POWERS

ART. 123

When even any House of Parliament is not in session

On matters in which Parliament has powers to make laws The council of Ministers should recommend

The President should be satisfied about the need

It must be placed before both Houses of Parliament within 6

weeks of reassembly for making it a law It lapses if not approved by that time

It cannot be normally challenged except on mala fide

grounds


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GOVERNORS ORDINANCE MAKING POWERS

ART. 213 Similar to Presidents powers except it can be only on the

matters in which State Legislature has powers to make laws

Governor can make ordinance on the following matters onlywith the prior consent of President:

-If such matter can be otherwise introduced in the State

Legislature only with the consent of President

-If any law is passed by the State Legislature on such matteronly after getting the prior consent of President

-If it appears to Governor that such matter should be

referred to President before making ordinance


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JURISDICTION FOR MAKING LAWS

TERRITORIAL JURISDICTION:

Any law passed by Parliament will be valid throughout the

territory of India and also abroad on Indian citizens in their

personal civil matters

Any law passed by a State will be valid only within the State

unless a close nexus can be established between the law

making State and the State where it is proposed to be

implemented


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JURISDICTION BASED ON SUBJECT MATTER:

UNION LIST:

- 97 entries and the 97this a residuary item

-Only Union can make a law on any new matter which is not

covered in any List

STATE LIST:

-66 entries

-Only a State can make laws on those entries

-However, under the following 5 circumstances, Parliament

can make laws on any State List matters:


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1) In national interest (Art. 249)

2) During the operation of proclamation of emergency (Art.

250)

3) In the matters affecting two or more States with the

consent of those States (Art. 252)

4) To give effect to international agreements (Art. 253)

5) When there is a break down of Constitutional machinery

in the State (Art. 356 b and c )


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CONCURRENT LIST:

47 Entires

Both Parliament and States can pass on these matters

However, if there is a repugnancy, the law passed by the

State will be referred to President for his assent. If President

assents, the law passed by the State will prevail in that

State. However, Union can again make another law

nullifying the State law and making the Union law valid even

in that State.


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INTERPRETATION OF LISTS

Plenary powers

Harmonious construction (Advocates Act, 1961)

Pith and Substance Rule (Broadcasting and Public health)

Retrospective only for civil matters

Colourable legislation


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FREEDOM OF TRADE AND COMMERCE

PART XIII

ART. 301: It is free throughout the territory of India and no

restrictions (Imposition of tax can be regulatory or

compensatory)

ART. 302: Parliament has powers to impose any reasonable

restrictions in public interest

( ) l h d


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ART. 303 (1): Parliament cannot however discriminatebetween two states

ART. 303 (2): It can however discriminate to deal with anysituation arising out of scarcity of goods

ART. 304 (a): A State can impose any tax on goods importedfrom other States provided similar tax imposed on local

goods

ART. 304 (b): A State can impose reasonable restriction onfreedom of trade in public interest but such bill can be

introduced in Legislature only with prior permission ofPresident

ART 305: State create monopoly which cannot be challenged


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SAVING OF FUNDAMENTAL RIGHTS:

ART 31 A: Any law relating to acquisition of property by the

State in public interest or amalgamation by the State of anytwo or more companies in public interest cannot be

challenged

ART. 31 B: Any law passed and placed in ninth schedulecannot be challengedIt generally covers land acquisition

and economic laws

ART 31 C: (Refer relationship between FR and DP)


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WRIT JURISDICTION

ART. 32 AND 226

HABEAS CORPUS: To produce the body

MANDAMUS: Order to do

PROHIBITION: Order not to do

CERTIORARI: Order to remove any defect due to (already)

acting beyond jurisdiction

QUO WARRANTO: To show authority for holding any publicoffice


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INTERPRETATION OF STATUTES

Interpretation means giving meaning to

The need arises because the law is made by one but

interpreted by the Courts and there is a difference in time

also

There is no law as to how to interpret

The Court interprets following certain principles depending

on circumstances


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PRIMARY RULES OF INTERPRETATION:

1) Literal Construction or Golden Rules of Interpretation

2) Reasonable Construction or UT RES MAGIS VALEAT QUAM

PAREAT

3) Harmonious Construction

4)Ejusdem Generis

5) Mischief Rule of Heydons Rule

6) Strict Construction


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SECONDARY RULES OF INTERPRETATION:

1) EXPRESSIO UNIUS

2) CONTEMPORANIA..

3) GENERALIA

4) NOSCITUR..

Same words will have same meaning throughout the law


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INTERNAL AIDS TO INTERPRETATION:

Title to the Act

Preamble

Chapters or Parts

Sections

Definitions

Illustrations

Exceptions

Proviso Schedule to the Act etc.


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EXTERNAL AIDS TO INTERPRETATION

1) Parliamentary debate

2) Dictionary

3) Expert opinion

4) Social circumstances

5) Judicial precedents etc.


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PRESUMPTIONS

Meaning

Principles followed by courts:

-Principles of natural justice

-Accused is innocent till proved guilty

-Negative words convey mandatory compliance

-The law maker knows how to make law

-The law maker uses precise words etc.


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CIVIL PROCEDURE CODE, 1908


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The purpose of the Act is to provide for different types of

Civil Courts, their jurisdiction and the procedure to be

adopted by them in trying a civil suit

CAUSE OF ACTION:

-It means the reason for which an aggrieved person can

move the court for action by the court


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JUDGMENT:

-It means the reasons for the decision

DECREE:

-It means the final adjudication of a civil suit whichconclusively determines the rights of the parties

ORDER:

-It means the formal expression of any decision of civil court

other than a decree


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TYPES OF COURTS

Supreme Court

-Only appellate jurisdiction except when State is involved

High Court

District Court

Court of Small Causes


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JURISDICTION

Original Jurisdiction

Appellate Jurisdiction

Pecuniary Jurisdiction

Court of Special Jurisdiction

Territorial Jurisdiction

-Immovable property (where the property is located)

-Movable property (where the cause of action has arisen orwhere the defendant ordinarily resides or carries onbusiness or is employed


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Sec. 9: Courts shall try all suits unless barred by jurisdiction

Sec. 15: Suit shall always be instituted in the court of lowest

jurisdiction

Sec 10 : STAY OF SUITS (RES SUB JUDICE)

-A suit is pending in a competent court-Same parties cannot move another competent court with

another suit for the same or substantially same cause of

action

-If it is moved, the subsequent suit is stayed-The purpose is to ensure that the time of the court and time

and efforts of parties are not waster


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Section 11: Bar of suits (Res judicata)

-A competent court has passed a decree on a suit based on

merits

-No subsequent suit can be instituted in another competent

court by the same parties on the same or substantially same

subject matter

-If instituted, the subsequent suit is barred

-The reasons are similar to Section 10

-Any matter which is given as a ground of defence should be

given at the earliest instance

PROCEDURE IN A CIVIL SUIT


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PROCEDURE IN A CIVIL SUIT

The aggrieved person submits a plaint containing his

grievances in a competent court

The court sends a copy of the plaint to the defendant for hisreply within a prescribed time limit

The defendant submits his reply

Based on the plaint and reply, the court finds out the facts inissue

The court fixes dates of hearing and sends summons to bothparties and witnesses to appear and give evidences


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If, in spite of reasonable summons

-plaintiff does not appear, the suit is dismissed

-defendant does not appear, the court proceeds ex partyand

decides

-both do not appear, the suit is dismissed

Defendant has e following rights in the proceeding which

should, of course, be exercised at the beginning of the

proceeding:

-Right of set off

-Right of counter claim

-Right of equitable set off

h d h di d d


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The court conducts the proceeding and passes a decree

The decree is sent to the Execution Court and the parties

shall confirm to the same, the execution of the decree

In case of money suits, the parties are known as JudgmentDebtor and Judgment Creditor

SUIT BY OR AGAINST MINOR

Only through a guardian or next friend

When the minor attains the age of majority, he shoulddischarge the guardian or next friend and proceed in his owncapacity


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SUMMARY PROCEDURE

Instituted under Order XXXVII

Whenever money is due based on documents like P/N, B/E

etc.

Summon is sent to the defendant for his reply within 10 days

If defence is to be heard, it becomes a regular suit;

otherwise, the court passes a decree on the suit summarily

Limitation period is 12 months for such suits


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REFERENCE (SECTION 113)

A subordinate court may need clarification or opinion

Reference is made to High Court suo moto or on applicationby any party to suit

The opinion given by HC is followed by the subordinate court

REVIEW (SECTION 114)

Aggrieved person may move the same court for review whenno appeal has been allowed under law or appeal allowed

but not preferred

It can be filed when a new evidence has been found outwhich could not have been got earlier


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CODE OF CRIMINAL PROCEDURE,

1973


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Meaning of criminal law

Concept of Mens Rea

DEFINITIONS:

-Offence: Any act or omission punishable by law

---Bailable offence: Any offence which is shown as bailable inthe first schedule

---Non bailable offence: Any other offence.

Bail means release of a person from police custody topersonal custody based on security


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Section 437:

For a non bailable offence, bail may be granted by the court.

However, it will not be granted if there is reasonable

suspicion that he may have committed an offence

punishable with death or life imprisonment OR it is a

cognizable offence and he has already been convicted of an

offence punishable with death, life imprisonment orimprisonment of seven years or more etc.

However even in the above cases, bail may be granted if the

accused is a woman or of less than 16 years or sick or infirm.

It is always granted subject to certain conditions


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Anticipatory Bail (Section 438)

-Whenever anyone apprehends that he may be arrested on

false accusations

-of having committed a non bailable offence

-he may apply to High Court or Sessions Court

-for anticipatory bail.

-If it is granted, it means that whenever he is arrested, he is

released on bail immediately

-Bail is granted to certain conditions


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Offence may also be classified as

-Cognizable (accused can be arrested without a warrant) or

-Non cognizable

-As per Section 155(4), if the accused has

committed more than one offence and one of them

is cognizable, all will be treated as cognizable and he

can be arrested without warrant


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TYPES OF COURTS

Supreme Court:

-Only appellate jurisdiction and that is also only under three

circumstances

High Court

Sessions Court

Magistrate Court

JURISDICTION OF COURTS


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High Court can award any punishment authorised by law

Session Court can award any punishment authorised by law

but death sentence has to be confirmed by High Court

Assistant Sessions Judgecan award imprisonment up to 10years

Chief Judicial or Chief Metropolitan Magistrate can award

imprisonment up to 7 years


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Magistrate Grade I can award imprisonment up to 3 years or

impose fine up to Rs. 10000 or both

Magistrate Grade II can award imprisonment up to 1 year or

impose fine up to Rs. 5000 or both

If fine is imposed but not paid fully or partly, imprisonment

in lieu of non payment of fine can be for maximum of the

capacity of the Court to impose imprisonment (Section 30)

PROCEDURE IN A CRIMINAL CASE


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Any one can report a criminal incident to the police by wayof FIR

The police will decide whether the matter is cognizable ornon cognizable

Based on FIR, the police will conduct preliminaryinvestigation by visiting the place of crime and if it iscognizable offence, the accused may be arrested withoutwarrant

If it is non cognizable matter, the police will file chargeagainst the accused in the competent court and seekwarrant if found necessary


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If the offence is punishable with imprisonment up to 2 years,

it is known as summons case and in other cases, it is known

as warrant case

Summons and Warrants differ in many aspects like the

purpose, the validity period and to whom they are issued

Arrest means restricting the free movement of a person by

the police and taking him into police custody

ARREST WITHOUT WARRANT (Section 41)


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ARREST WITHOUT WARRANT (Section 41)

-Any one who is reasonably suspected to have been involved

in a cognizable offence

-Any one who has been released on bail or parole subject to

conditions and he makes a breach of any of the conditions

-Any one who escapes from police custody

-A deserter from the armed forces

-A proclaimed offender


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-Any one in possession of house breaking equipments under

suspicious circumstances

-Any one found with stolen property under suspicious

circumstances

-Any one against whom a request has been received fromabroad for having committed an offence

-Any one for whose arrest a request has been received from

another competent police officer who has the capacity toarrest without warrant


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SUMMARY TRIAL


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SUMMARY TRIAL

Meaning

It can be conducted by CJM or Metropolitan Magistrate orMagistrate I Class

It is possible for any offence which is punishable with

imprisonment not exceeding 2 years or when the offenceinvolves a property whose value is maximum Rs. 200/

After conduct of summary trial, the maximum punishmentcan be imprisonment of 3 months

It is the discretion of the Court to conduct such trial and theaccused cannot demand the same


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PUNISHMENT LIMITATION PERIOD


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PUNISHMENT LIMITATION PERIOD

Only fine Six months

Imprisonment of maximum 1 year One year

Imprisonment of maximum 3 years Three years

Imprisonment of more than No limitation

3 years period


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ARBITRATION AND CONCILIATION

ACT, 1996

The purpose of the Act is to provide for domestic arbitration


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The purpose of the Act is to provide for domestic arbitration,

international commercial arbitration and conciliation

This Act has been passed based on the recommendations ofUNCITRAL (United Nations Commission on International

Trade Laws)

Arbitration means any settlement of disputes withoutintervention of Courts through a mutually accepted person

known as arbitrator

Such settlement mechanism is also known as ADR (AlternateDispute Resolution) Mechanism

Arbitration Agreement as per Section 7 means any


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Arbitration Agreement as per Section 7 means anyagreement by the parties to submit to arbitration certaindisputes which have arisen or which may arise due to anylegal relationship

It must be in writing and signed by the parties

International Commercial Arbitration means any arbitration

relating to disputes arising out of legal relationships which isconsidered as commercial in India and at least one of theparties must be a foreign national, foreign company, foreignGovernment etc.

This Act does not apply to disputes relating to insolvency,trust, criminal matters, marriage disputes etc.

S i 10 Th i h b f


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Section 10: The parties may choose any number of

arbitrators but it shall not be an even number

Section 11: A person of any nationality may be an arbitrator

-If as per the agreement each party is to appoint an

arbitrator, then the arbitrators appointed shall appoint a

third arbitrator, referred as Presiding Arbitrator The law

provides for situations if one appoints but the other does

not.

The arbitrators are collectively known as Arbitral Tribunal

(even if there is only one arbitrator)

Section 12: Whenever any one is approached to be


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appointed as arbitrator, he should disclose in writing any

circumstances likely to give rise to justifiable doubts about

his impartiality

Appointment of the arbitrator may be challenged only if

- such disclosure is not made or

-if the arbitrator does not possess any qualification asagreed by the parties

Such challenge is to be made to arbitral tribunal within 15

days of becoming aware of the above circumstances

If the tribunal does not agree to the challenge, the

proceeding shall continue but the party subsequently may

apply for setting aside the award under Section 34

Section 14: The mandate of an arbitrator may be terminated


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if he is unable to perform his functions, he does not act

within reasonable time, he withdraws from his office or the

parties agree to terminate the mandate

Whenever the arbitrators appointment itself is terminated,

a substitute arbitrator is appointed to conduct the

proceedings

The tribunal is not bound by CPC, 1908 or Indian Evidence

Act, 1872

The decision of the arbitral tribunal, known as arbitral award

shall be by majority


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Section 33:


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Correction, Interpretation and Additional award:

-Whenever any award is wrong apparently OR it is not clearOR it does not fully cover decision on all disputes

-the aggrieved person may apply within 30 days

-to the arbitral tribunal

-for correction, interpretation and additional awardrespectively

-the tribunal to give the same within 30 days in the first two

cases and within 60 days in the last case

Section 34: Setting aside of award:


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g

-Application for the same to be given within 3 months

-The applicant to prove

--one party was under some incapacity--agreement itself is not valid under law

--he is not given proper opportunity of hearing

--the award exceeds jurisdiction

--the matter cannot be heard by the arbitrator--section 12 has been violated

--award is illegal or against public policy

The award is enforceable as if it were a decree if noapplication as above is given or it is given but not acceptedby the court

CONCILIATION


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CONCILIATION

Provisions are similar to arbitration except with regard to

-time of appointment

-disclosure requirements under Section 12

-decision is known as settlement-settlement is signed by parties

-no collective name

-number of conciliators etc.


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LIMITATION ACT, 1963

The purpose of the Act is to provide for a limitation period


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p p p p

within which the aggrieved party should move the Court for

remedy

This is to ensure that evidences are not lost, witnesses have

not died or forgot the matter and above all, the law does not

favour lazy.

This is an absolute law and even if the other party does not

object to the delay, the Court will not admit any matter after

the expiry of limitation period unless the law specifically

permits any delay.

Sec. 3: Any suit instituted, appeal preferred or application


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Sec. 3: Any suit instituted, appeal preferred or application

made beyond limitation period is void.

LIMITATION BARS REMEDY BUT DOES NOT EXTINGUISHRIGHTS.

-The only exception is when the suit is for right to

immovable property

Sec. 9: Continuous running of time: It means once the

limitation period starts, it will run continuously and end only

when the prescribed period of limitation is over. No

subsequent disability or inability can suspend the limitationperiod

In the following cases, the beginning of limitation period is


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g g g p

postponed:

-The day of cause of action is always excluded

-In case of appeal, the time taken by the Court to make

available the copy of the decree or order appealed against

-If there is an injunction order, till it is vacated by the Court

-If permission from the Government is required, the time

taken by the Government to give permission


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-If the plaintiff or defendant does not have capacity to

contract on the date of cause of action

-If plaintiff does not exist on the date of cause of action

-If the defendant is away from India or absconding

-If plaintiff is not bonafide aware of the right to cause of

action etc.

In the following cases, the expiry can be extended


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In the following cases, the expiry can be extended

-Sec. 4: If the expiry date is a court holiday, it is extended to

next working day

-Sec. 5: If sufficient cause is shown, the Court may extend

the limitation period. This section does not apply to suits.

Sufficient cause has not been defined but the Courts haveheld poverty, illness, sickness, local disturbances etc as

sufficient causes


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ACKNOWLEDGEMENT:

Sec. 18: Any admission of liability in writing before the

expiry of limitation period extends the limitation period to a

further period of three years from the date of

acknowledgement

Sec. 19: In case of part payment, a fresh limitation period

starts for the balance payment from the date of part

payment

LIMITATION PERIODS


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Suit by the mortgagor to redeem the

property 30 years

Suit by the mortgagee for foreclosure 30 years

Suit to recover immovable property

based on title 12 years

Suit for money due, breach of contract,accounts or for any matter for

which no limitation period is given 3 years

Suit under law of torts 1 year

APPEAL UNDER CIVIL PROCEDURE CODE, 1908


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Appeal to High Court 90 days

Appeal to any other Court 30 days

APPEAL UNDER CRIMINAL PROCEDURE CODE, 1973

Appeal against death sentence 30 days

Appeal against any other sentence

-if preferred to High Court 60 days

-if preferred to any other Court 30 days Appeal by the State

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