A registered case is placed before the Court for its hearing, known as the preliminary hearing. In Preliminary hearing the Court considers whether the case should be proceeded with by directing the respondents to show cause why the petition should not be admitted. In sometimes the Court admits a case without hearing the respondents, or dismisses the case in limine. The admitted is listed for a more detailed hearing. Limine means a motion made at the start of a trial requesting that the judge rule that certain evidence may not be introduced in trial. This is most common in criminal trials where evidence is subject to constitutional limitations, such as statements made without the Miranda warnings.
A statement made by a party to a lawsuit or a criminal defendant, usually prior to trial, that certain facts are true. An admission is not to be confused with a confession of blame or guilt, but admits only some facts. Each party in civil cases, is permitted to submit a written list of alleged facts and request the other party to admit or deny whether each is true or correct. Failure to respond in writing is an admission of the alleged facts and may be used in trial.
Cases for regular hearing are listed ordinarily in order of the date of admission/year of institution. However, special order cases are listed as per directions passed in such cases by the Court during the course of hearing.
A way of adjudicating a dispute in which one party asserts a claim or a right, and the other denies it. The dispute is usually resolved by the acceptance of one claim and the rejection of the other, making the proceedings adversarial. This is recognized in the Code of Criminal Procedure, 1973, the Indian Evidence Act, 1872 and the Code of Civil Procedure, 1908.
Fact-finding proceedings, not necessarily involving disputing parties. The Court investigates and ascertains the facts of a matter, for instance by appointing Commissions, which are given specific terms of reference. Often faced with difficulty in getting all the information necessary to resolve the issues brought in Public Interest Litigation, the Court has found this procedure to be convenient.
What is Public Interest Litigation (PIL) under Article 32 in India? Who can file PIL in India? Guidelines to file PIL? What are the conditions? How to file Public Interest Litigation under Article 32 of Indian Constitution? Which are the cases cannot be filed as PIL?