Q 9. Differentiate between Civil and Criminal Cases.
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Civil cases usually involve private disputes between persons or organizations. Criminal cases involve an action that is considered to be harmful to society as a whole (hence, these are considered offenses against the "state" or the jurisdiction of the prosecution).
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Civil cases :-
=> APPEALS IN CIVIL MATTER LIE TO THE SUPREME COURT, IF THE HIGH COURT CERTIFIES :
◾️ that the case involves a substantial question of law of general importance, and
◾️ that the question needs to be decided by the supreme court.
However if the High Court refuses to give a certificate, the supreme court can grant special leave to appeal in suitable cases.
Criminal cases :
TWO TYPES OF APPEAL IN CRIMINAL CASES LIE IN SUPREME COURT :
◾️ cases without the certificate of the high court .
◾️ cases with the certificate of the High Court .
The certificate of the high court is not required in case :
⚫️ where the High Court has reversed the judgement of acquittal given by the Lower court and punished the accused with a death sentence.
⚫️ a case which is withdrawn by the high court from A sub ordinate code and sentence the accused to death.
* in all other criminal High Court certification that the case involves a substantial point of law and interpretation of the Constitution is required for appealing to the supreme court.
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