terminologies and fees
Sumir
(Querist) 11 October 2009
This query is : Resolved
Well I had possed this question before also but didnot get suitable satisfactory reply owiing to my lack of proper questions, I like to ask:
1. What is difference in terms of "Original Side" and "Appellate Side" and "Criminal Jurisdiction" of Bombay High Court. [ Refer URL: http://bombayhighcourt.nic.in/site/proceeding/apltdet.html
2. What is difference between Criminal Writ Petition, Criminal Appeal, Confirmation Cases, Criminal Revision Application, Criminal Application, Criminal Miscellaneous Application , Criminal References, Criminal Contempt Petition, in Bombay High Court[refer
URL: http://bombayhighcourt.nic.in/site/proceeding/mattypecr.html
3. Under which category a litigation challenging police inaction to register FIR lies?
4. What is court fees for above litigation payable to court? What has to be mode of payment?
5. What is fees of PIL payable to court and mode of payment? Can, as a point in relief asked, we can ask to initiate criminal proceeding in PIL?
6. What are formalities to be fulfilled for filing PIL?
Sumir
(Querist) 11 October 2009
7. Most appropriately case challenging police inaction to register FIR should be filed in Mdistrict court, metrpolitian court or HC?
Raj Kumar Makkad
(Expert) 12 October 2009
Better u go through in detail Criminal Procedure Code and relevant authorities in this regard.
Guest
(Expert) 12 October 2009
I will answer from question No.3
3. It can be challenged in writ jurisdiction under Article 226 seeking a direction / writ of mandamus against the police department for registering the FIR. Alternative remedy also lies in Section 156(3) of cr.P.C. before the area magistrate seeking a direction for registering the FIR. The second option is easier as it is difficult to convince the H.C. Judge on the merits of the case and also why a writ jurisdiction be invoked when alternative remedy is available. This also disposes question No.7.
4. In writ, Rs.50/- (Rupees fifty only) is the court fee payable through court fee stamps. In application, under Section 156(3), the fee is Rs.1.25 (Rupee one and paise twenty five only) also be payable through court fee stamps.
5. Same just like writ. Rs.50/- and by way of court fee stamps.
6. In PIL, locus standi has to be proved or public interest has to be shown by the petitioner.
joyce
(Expert) 12 October 2009
question no 1& 2 are procedural matter. original side. in original suit is OS inshort form, appallete side is in appeal cases appellant side.Criminal jurisdiction means specified area covered for deciding criminal cases in JMFC courts etc...
for secound querry, just meet a local lawyer friend and talk to him while tea time they can explain the differance.It all procedural.
Sachin Bhatia
(Expert) 12 October 2009
Better to read Criminal Procadure Code
