21 BLL 1219 (Interlocutory App.).pptx

describes interliocutory app

1. DISCOVER . LEARN . EMPOWER CONT_21LCT-261 :: CODE OF CRIMINAL PROCEDURE-I Constitutional & strategy rights of arrested person Submitted To: Submitted By: Prof (Dr.) Renu Ashutosh Bagchi 21 BLL 1219 Section – B UILS, Chandigarh University, Gharuan , Punjab

2. INTRODUCTION Interlocutory is a legal term which essentially refers to an order, sentence, decree, or judgment, given in an intermediate or transitional stage between the beginning and end of a cause of action, used to give an impermanent or temporary decision on an issue. Along these lines, an interlocutory order isn’t final and isn’t liable to immediate appeal. 2

3. Meaning : “Justice delayed is justice denied” is a legal maxim which states that if some legal redress or equitable relief is available to an affected individual/party, but is not forthcoming in a timely fashion, it is effectively of the same nature as having no remedy at all. The Law aims at providing certain provisions and safety nets to solve the perpetual struggle of lethargic litigation process and the continuous running of time. Interlocutory Application is one such example of the remedies provided by law for an interim relief to a person. The term “ Interlocutory Application ” has been defined under Black’s Law Dictionary (9th Edition) as “A motion for equitable or legal relief sought before a final decision.” 3

4. An interlocutory application meaning is an application which is moved in the primary appeal. It is normally documented when you request some urgent relief or to convey certain new facts to the learning of the court. In the event that the supreme court order says ‘interlocutory application disposed of”, it implies that you had documented an application looking for some relief, and in the wake of hearing you on the application, the court has passed an order in your application. Interlocutory Petition mentioned in the Civil Rules of Practice, Rule 2 (j) states ” application to the court for any suit, appeal or proceedings already instituted in such court, other than a proceeding for execution of a decree or order.” It is fascinating to take note of that “application” is characterized in Rule 2 (c) that incorporates execution application, execution petition, and interlocutory application, both written and oral. ‹#›

5. The Code of Civil Procedure with its Rule 3(9) defines an Original Petition as a petition by which procedures are founded in a court other than a suit or appeal or proceeding in the execution of a decree or order. This elucidates and clarifies the distinction between an original appeal to and an Interlocutory order as The original appeal of is identified with the purpose of the start of a dispute while the interlocutory request is recorded within the main appeal. The original petition establishes the procedures while the interlocutory petition looks for interim relief. Interlocutory petitions can be named as a type of incidental procedures dissimilar to original appeal to and are recorded to support the principle/main petitions. Interlocutory petitions look for relief amid the pendency of the main appeal to and can be discarded before the final judgment. 5

6. Need for an Interlocutory Application? An interlocutory application is a request made by one party, asking the relevant court to make orders to help with their case’s preparation or procedure. Court proceedings rarely go smoothly, therefore, interlocutory applications allow you to seek orders to help keep your case on track or protect your rights in some way. Interlocutory Application stop parties from acting in an unfair or unethical way. A party will often use them when they believe the other party has not complied with its obligations under the court proceeding or timetable. Such as providing all details of a claim when requested. Once you make the interlocutory application, the other side may consent to the orders sought, and the court will make the orders. If they do not consent, then you can hold an interlocutory hearing. This allows the court to hear arguments from both sides before making a decision. ‹#›

7. Types of Interlocutory Applications Injunctive Relief Particulars Discovery Subpoenas Interrogatories Medical Examination Setting Aside a Default Judgment 7

8. Steps to Make an Interlocutory Application 1. Complete an Application Form 2. Provide Evidence 3. File and Serve 4. Ex Parte Hearing 5. Interlocutory Hearing 6. Preparation and Hearing 7. Orders 8

9. LANDMARK CASES 1. S.V.Rao v. M.Appala Swamy Held: Order 39 Rule 1 of Code of Civil Procedure, 1908 provides express provisions stating that the court is permitted to dispose of any Interlocutory Application by way of affidavit, and in view of the urgency involved in the matter, the standard procedure of examining the witnesses is dispensed with, and the court is given special powers to decide the matter upon the affidavits itself. 2 .Union of India vs. Amrik Singh Held: Courts generally issue injunctions in an ongoing litigation where the right/relief sought to be protected is clear and not where it is doubtful. 3. Nandan Pictures Ltd., vs. Art Pictures Ltd . Held: temporary injunction cannot be granted by the court to establish a new state of things/events, differing from the state of things/events which existed on the date when such proceedings were instituted before the Court. 9

10. 4 . Nawab Mir Barkat Ali Khan vs. Nawab Zulinquar Jahh Bahadur & Ors. Held: The Division Bench of the Andhra Pradesh High Court on the aspect of granting, or refusing to grant a temporary injunction to any party/person to suit held as follows: “It is well settled that the grant or refusal of a temporary injunction is covered by three well established principles namely: (1) Whether the petitioners have made out a prima facie case in the said matter , and (2) Whether the balance of convenience is in their favour or not i.e., whether it could cause greater inconvenience/injury to them if the injunction is not granted than the inconvenience which the opposite party or persons claiming through the opposite party would be put to if the temporary injunction is granted (3) Whether the petitioners would suffer irreparable injury/damage with the first condition , as sine qua non at least two of the conditions must be satisfied by the petitioner conjunctively and a mere proof of one of the three conditions does not entitle the petitioners to obtain a temporary injunction in their favour .” (5) Puri vs. Puri Held: The provisions of Order 39, Rule 3 under the Code are not mandatory but directory in nature, and any non-compliance thereof, though a serious matter, does not invalidate the ex-parte injunction given by the court. 10

11. Interlocutory Application Format:- INTERLOCUTORY APPLICATION BEFORE THE APPELLATE TRIBUNAL FOR ELECTRICITY IA NO. ______OF 200 In Appeal/Original Petition No. ________of 200 . CAUSE TITLE Set out the Appeal No. _________________of 200 Appeal / Petition short cause title Set out the 1. Appeal No.____________200 Cause Title – Interlocutory Application Petition for stay/direction/dispense with/ condone delay /calling records The applicant above-named state/s as follows : 1. Set out the relief (s) 2. Brief facts 3. The basis on which interim orders prayed for 4. The balance of convenience, if any : (All interlocutory applications shall be supported by an affidavit sworn by the Applicant/on its behalf and attested by a Notary Public). DECLARATION The applicant above named hereby solemnly declare that nothing material has been concealed or suppressed and further declare that the enclosures and typed set of material papers relied upon and filed herewith are true copies of the originals or fair reproduction of the originals or true translation thereof. Verified at_________dated at _______this day __________of _______200 . Counsel for Applicant                                                                                                                                                                                                        Applicant VERIFICATION I __________________(Name of the applicant) S/ o.W / o.D /o. (indicate any one, as the case may be ) ___________age ____________working as __________ in the office of _______________resident of _______________ do hereby verify that the contents of the paras _____________to ___________are true to my personal knowledge / derived from official record ) and para _________ to _______are believed to be true on legal advice and that I have not suppressed any material facts. Date : Place :                                                                                                                                                      Signature of the Appellant/Petitioner or authorized officer 11

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13. Conclusion : Interlocutory applications and hearings are an important part of court proceedings. Above all, they allow the parties to correct any unjust behaviour by the other party and keep the proceedings in line with the court’s timetable. They can add significant time and expense to a court proceeding. You should consider the potential for common interlocutory applications when estimating your legal costs at the start of a hearing. 13

14. Reference : https://legodesk.com/legopedia/interlocutory-application-format-in-india/ https://legalvision.com.au/what-is-an-interlocutory-application/ https://www.lawinsider.in/columns/what-is-an-interlocutory-application 14

15. THANK YOU