This document summarizes Rule 45 of the Revised Rules of Procedure Annotated regarding appeals by certiorari. It outlines where petitions for review on certiorari must be filed, which are the Supreme Court. It can be filed from judgments of the Court of Appeals, Sandiganbayan, Regional Trial Courts, or other courts authorized by law. The petition must raise only questions of law. It also lists exceptions to the general rule that appeals by certiorari are limited to errors of law. Finally, it provides the time period of 15 days to file the petition for review on certiorari.
Code of civil procedure 1908 incidental proceedingsDr. Vikas Khakare
This explains the incidental proceeding arising from the main suit. It covers provisions about death of parties, marriage, insolvency, withdrawal of suit, compromise and when court may issue commission.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
Code of civil procedure 1908 incidental proceedingsDr. Vikas Khakare
This explains the incidental proceeding arising from the main suit. It covers provisions about death of parties, marriage, insolvency, withdrawal of suit, compromise and when court may issue commission.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
THE ANISMINIC DOCTRINE OF EXTENDED JURISDICTIONAL ERROR IN NEW SOUTH WALES SU...Dr Ian Ellis-Jones
First Published: (2007) 12 LGLJ 164 - All Rights Reserved. Disclaimer: The information contained in this publication does not constitute legal advice of any kind. The author Ian Ellis-Jones does not guarantee or warrant the current accuracy, legal correctness or up-to-dateness of the information contained in the publication.
Code Of Civil Procedure: Res sub-judice & Res Judicata by Mahamud WazedMahamud Wazed (Wazii)
Section – 10 deals with the doctrine of res sub-judice and section-11 deals with the doctrine of res –judicata. Section -10 provides the rule with regard to stay of suits where things are under consideration or pending adjudication by a court. On the other hand section-11 provides the rule relates to a matter already adjudicated. It bars the trial of a suit or an issue in which the matter directly and substantially in issue has been adjudicated upon in a former suit. Sections 10 and 11 are mandatory.
This contains important provisions of Indian Limitation Act 1963, definitions, principles, bar of suit, effects of limitation, computation of limitation period etc.
Code of civil procedure 1908 suplementary proceedingsDr. Vikas Khakare
This presentation explains what is supplementary proceedings. When court may issue arrest warrant before judgment, when court order attachment before judgment, when court may issue temporary injunction, when a receiver may be appointed.
PowerPoint presentation on the doctrine of jurisdictional error - for information purposes only - all rights reserved. Disclaimer: The information contained in this publication does not constitute legal advice of any kind. The author Ian Ellis-Jones does not guarantee or warrant the current accuracy, legal correctness or up-to-dateness of the information contained in the publication.
Code of civil procedure 1908 miscellaneous, interest,cost, exemption from app...Dr. Vikas Khakare
This contains miscellaneous provision like interest in suit, cost of suit, persons exempted for appearing in the court, caveat and inherent powers of court.
THE "JURISDICTIONAL FACT DOCTRINE" IN NEW SOUTH WALES LOCAL GOVERNMENT AND EN...Dr Ian Ellis-Jones
First Published: (2006) 12 LGLJ 16 - All Rights Reserved. Disclaimer: The information contained in this publication does not constitute legal advice of any kind. The author Ian Ellis-Jones does not guarantee or warrant the current accuracy, legal correctness or up-to-dateness of the information contained in the publication.
Cpc learning module 4 appearance, examination and trialDr. Vikas Khakare
This contains provisions as to appearance of parties before court, effects of appearance, non appearance, adjournment, examination by court, issue of commission, arrest before judgment, attachment before judgment, appointment of receiver, interest and cost.
THE ANISMINIC DOCTRINE OF EXTENDED JURISDICTIONAL ERROR IN NEW SOUTH WALES SU...Dr Ian Ellis-Jones
First Published: (2007) 12 LGLJ 164 - All Rights Reserved. Disclaimer: The information contained in this publication does not constitute legal advice of any kind. The author Ian Ellis-Jones does not guarantee or warrant the current accuracy, legal correctness or up-to-dateness of the information contained in the publication.
Code Of Civil Procedure: Res sub-judice & Res Judicata by Mahamud WazedMahamud Wazed (Wazii)
Section – 10 deals with the doctrine of res sub-judice and section-11 deals with the doctrine of res –judicata. Section -10 provides the rule with regard to stay of suits where things are under consideration or pending adjudication by a court. On the other hand section-11 provides the rule relates to a matter already adjudicated. It bars the trial of a suit or an issue in which the matter directly and substantially in issue has been adjudicated upon in a former suit. Sections 10 and 11 are mandatory.
This contains important provisions of Indian Limitation Act 1963, definitions, principles, bar of suit, effects of limitation, computation of limitation period etc.
Code of civil procedure 1908 suplementary proceedingsDr. Vikas Khakare
This presentation explains what is supplementary proceedings. When court may issue arrest warrant before judgment, when court order attachment before judgment, when court may issue temporary injunction, when a receiver may be appointed.
PowerPoint presentation on the doctrine of jurisdictional error - for information purposes only - all rights reserved. Disclaimer: The information contained in this publication does not constitute legal advice of any kind. The author Ian Ellis-Jones does not guarantee or warrant the current accuracy, legal correctness or up-to-dateness of the information contained in the publication.
Code of civil procedure 1908 miscellaneous, interest,cost, exemption from app...Dr. Vikas Khakare
This contains miscellaneous provision like interest in suit, cost of suit, persons exempted for appearing in the court, caveat and inherent powers of court.
THE "JURISDICTIONAL FACT DOCTRINE" IN NEW SOUTH WALES LOCAL GOVERNMENT AND EN...Dr Ian Ellis-Jones
First Published: (2006) 12 LGLJ 16 - All Rights Reserved. Disclaimer: The information contained in this publication does not constitute legal advice of any kind. The author Ian Ellis-Jones does not guarantee or warrant the current accuracy, legal correctness or up-to-dateness of the information contained in the publication.
Cpc learning module 4 appearance, examination and trialDr. Vikas Khakare
This contains provisions as to appearance of parties before court, effects of appearance, non appearance, adjournment, examination by court, issue of commission, arrest before judgment, attachment before judgment, appointment of receiver, interest and cost.
Taxation 101 basic rules and principles in philippine taxation by jr lopez go...JR Lopez Gonzales
This was the informative speech on the basic taxation principles in the Philippines. It was a thirty-minute speech on the basics of the Philippine Tax system presented to the students of the Mindanao State University - Iligan Institute of Technology on 8 August 2011 for the Political Science 2 Lecture Series. The document was uploaded by JR Lopez Gonzales of www.politikalon.blogspot.com.
Introduction to cpc 1962
particular and society in general. Especially in India, she is seen as preserver
of social norms, traditions, customs, morality and family cohesiveness. In the present
world a woman has taken up all responsibility of making a mark of her own to have
an own identity along with nurturing her family. But it is sad to see that women’s
achievement is also getting extended towards criminality in the social, cultural,
economic and political milieu of India. Female Criminality in India is at rise along
with the increase in crime against woman. The issue has reached to an alarming level
which has compelled all the socially responsible scholars to focus on root cause of
female turning to criminal activities in larger numbers. Female criminality has been
theoretically stated as complicated less understood and subject to easy control. The
social environment contributes a lot to the making of women criminals.
Female crime is a main indicator to measure a community’s moral standards.
Because compared with male crime, the number and proportion of female crime is
low, scholars and the judiciaries were not concerned about female crime for a long
time. But in recent years, the rapid growth of female crime and the emergence of the
new features had to be given extensive attention.1
Female crime has seriously affected
the marriage and family stability and social development. In this context, it is
particularly necessary to discuss the reasons for female crime and bring forward the
corresponding control measures
The phrase “Female crime’, by definition, refers to the crimes committed b
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Expert on Company Law (LLB/CS) Advocate Ms. Prachi Manekar Wazalwar (Bombay High Court). National Company Law Tribunal, Slides and Lectures at ICAI (WIRC). National Company Law Appellate Tribunal. Corporate Restructuring, M&A, Company Petition. Company Law Board. (NCLT, NCLAT & CLB). Prachi Adv Prachi Manekar Wazalwar has authored 'Management of SEZ' and 'Insights Into The New Company Law' 2013.
Igor Ellyn, QC, CS is a leading Toronto litigation lawyer, chartered arbitrator and mediator, who specializes in shareholders disputes and arbitration. In this highly informative presentation, Mr. Ellyn discusses litigation and arbitration of shareholder oppression cases.
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In this presentation, you will get an overview how to scale your news site up to 30 million page views based on lessons I had learned for the past five (5) years in achieving the milestone.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
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transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
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These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
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Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
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INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
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Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptx
Remedial Law Rule 45 estopia pdf
1. Notes on Civil Procedure by Lawrence Villamar
Source: “Revised Rules of Procedure Annotated” (Estopia, 2013)
Rule 45
Appeal by certiorari/Petition for Review on Certiorari
• WHERE FILED: Supreme Court
• FROM: Judgment/final order/resolution of:
◦ Court of Appeals
◦ Sandiganbayan
◦ RTC
◦ Other courts authorized by law
• Must be verified and must raise only questions of law
• AMMENDMENT: “Petitioner may seek the same provisional remedies by verified motion filed
in the same action or proceeding at any time during pendency” (AM No 7-7-12-SC December
4, 2007)
• Appeal by certiorari is limited only to errors of law. Exceptions:
◦ conclusion is the findinf grounded entirely on speculation, surmise, and conjecture
◦ the inference made is manifestly mistaken
◦ there is grave abuse of discretion
◦ the judgment is based on misapprehension of facts
◦ the findings of fact are conflicting
◦ the CA went beyond the issues of the case/finding are contrary to admission by the parties
◦ findings of the CA are contrary to the findings of trial court
◦ the findings of the fact are conclusions without citation of specific evidences on which they
are based
◦ facts set fourth in the petition are not disputed by respondents
◦ findings of fact by the CA are premised on supposed absence of evidence and contradicted
by evidenc eon record
• Factual findings of labor arbiter when affirmed by NLRC and CA are binding to the Supreme
Court. Findings of fact of CA affirming those of the trial court are accorded great respect by the
Supreme Court.
• Rule 45 is not the proper remedy to interlocutory orders of the Court of Appeals (only to appeal
findal judgments). Only judgments or final orders that completely dispose of the case can be
subject of an appeal by certiorari under Rule 45
• Petition for review on certiorari under Rule 45 is NOT the proper remedy for defendant
declared in default (Rule 41 Sec 2 para 3)
• Distinction between Rule 45 and Rule 65:
Rule 65 Rule 45
Grave Abuse of Discretion is the proper issue Grave Abuse of Discretion is not the proper issue
Issue involves reversible errors of law, if any
• Rule 65 is the proper remedy to question an improvident order granting execution pending
appeal
• Under Rule 45, petitioner may only raise questions of law. The Supreme Court is not a trier of
2. Notes on Civil Procedure by Lawrence Villamar
Source: “Revised Rules of Procedure Annotated” (Estopia, 2013)
facts (subject to exceptions enumerated above).
• The Supreme Court has original jurisdiction over petition for certiorari, prohibition, and
mandamus under Rule 65
• Petition for review on certiorari (under Rule 45) should only be filed with the CA in as much as
the appeallate court has exclusive jurisdiction over quasi judicial agency (like the NLRC) unless
otherwise provided by law or the Rules.
• Rule 65 is proper only when there is no “plain, speedy, adequate” remedy in the cours eof law.
A remedy is such if it will promptl relieve the petitioner from the injurious effects of judgment
and acts of the lower court or agency (Nautica vs Yumul 2005)
• Petition filed under Rule 65 may be treated as filed under Rule 45 is it is filed within the
prescribed period and there are special circumstances alleged therein.
• Modification made by the Supreme Court to the judgment of Court of Appeals must operate
against party who did not appeal. Exception: When the rights and liability of defendants are so
interwowen and inseperable e.g. solidary (Chan vs INC 2005)
• Certitorari will not lie unless a motion for reconsideration is filed. Exceptions:
◦ order is patent nullity e.g. court has no jurisdiction
◦ questions in certiorari has been duly raised and passed by lower court/same as those raised
and passed by lower court
◦ urgent necessity for resolution and further delay wuld prejudice the interest of government
◦ subject matter is perishable
◦ MR is useless
◦ Petitioner was deprived of due process/extreme urgency of relief
◦ In criminal case, releief from an order of arrest is urgent/granting of trial court is improbable
◦ Proceeding of lower court are a nullity due to lack of due process
◦ Proceedings was ex parte
◦ Where issue is one purely of law
◦ Where public interest is involved
• Final orders vs final and executory order:
Final orders Final and executory order
One that finally disposes of a case, leaving
nothing more for the court to do/adjudication on
the merits/res judicata/prescription
Final judgment upon expiration of the period to
appeal therefrom/no appeal was perfected
Execution issues as a matter of right
• The proper remedy from CA decusuib us a petition for review on certiorari under Rule 45
• A writ of certiorari (under Rule 65) is of the highest utility and importance for curbing
excessive jurisdiction and correcting errors and mist essential to the safety of the people and the
public welfare. Its appropriate function is to relieve aggrieved parties from the injustice arising
from errors of law committed in proceeding affecting justiciable rights when no toher means for
an adequate and speedy relief is open.
• The Supreme Court can not revuew factual findings on appeal, especially when they are borne
out of records or are based on substantial evidence.
• TIME OF FILING: 15 days from notice of the judgment or final order or resolution appealed
frin or denial of the petitioner's motion of new trial or reconsideration. May be extended to 30
3. Notes on Civil Procedure by Lawrence Villamar
Source: “Revised Rules of Procedure Annotated” (Estopia, 2013)
days with justifiable reasons, and on motion duly filed, and served, with full payment of docket
and other lawful fees and deposit for costs vefore expireation of reglementary period. If not
filed within period, decision of CA becomes final and executory and petition for review under
Rule 45 may be properly outrightly dismissed due to correlative right oof winner to enjoy the
finality of the decision.
• Failure to implead lower court does not automaticallu mean the dismissal of the appeal, but it
authorizes the dismissal of the petition.
• Review is not a matter if right but of sound judicial discretion (Sec. 6 Rule 45)
• Upon filing of petition, the Supreme Court assumes jurisdication regardless of whether or not
the petitionw ill be given due course
• Mode of appeal available to both civil and criminal except in criminal cases with penalty
imposed is death, reclusion perpetua or life imprisonment (Sec. 9 Rule 45).
• Motion for postponement, what must be borne: (a) reason for postponement and (b) merits of
the case of the movant. May not be interefered by mandamus or appeal, except when grave
abuse of discretion is shown. It is addressed to the sound discretion of the court predicated to
considerations that the end of justice and fairness should be served thereby, more than
convenience of court or parties. Postponement is part and parcel of procuderal system of
dispensing justice. Exception:
◦ substantial rights are affected and intention to delat is manfest