Some of the legal documents that Tibetans in Exile should know-I

By | December 15, 2016
0 Comment
  1. download
    Hierarchy of judicial/court system in India.
  2. Lok Adalat or Village court.


Though it’s functional but not as efficient because of financial constrain, reluctance of lawyers, police and   other govt. officials.

  1. District court.
  • State government has established district court in every district to handle cases from within the districts.
  • Administrative control under HC of the state.
  • Appellate jurisdiction to concerned HC
  • Additions to distriuct court thera are other subordinate courts within District courts.


  1. High court.
  • High court is appellate court from district court.
  • There are 24 high courts in India.
  • HC are bound by judgements or orders of SC u/s 141 of Constitution.
  • HC has original jurisdiction of both civil and criminal jurisdiction on its pecuniary values.
  • Normally HC is a court of appeal.
  • Under Article 226, writ petition can be filled before HC.
  1. Supreme Court of India.
  • Highest court of appeal from the judgement of subordinate courts.
  • Under Article 32 of the constitution writ petition can be filed before SC.
  • SC consists of chief justice and 30 other judges.
  • Proceedings of SC are English.

  1. First Information Report (FIR and its meaning, its usage, faults and types.
  • A first information report is a written document prepared by police, when they receive information about the commission of cognizable offence.
  • Under section 154 CrPC.
  • FIR is crucial and on such basis proceedings of criminal justice happens u/s 173 CrPC.
  • Correct name, address, to whom it’s against, and incident of the crime should be specifically stated with accurate time and place.
  • Anyone can file FIR and for minor FIR can be lodged under guidance of their parents or guardians.
  • Copy of FIR to taken from the police with dully signed.

Importance of filing First Information Report (FIR).

  • To start up any criminal justice system in motion.
  • Police comes into action after FIR.
  • To complain lost of property or wash off once own liability coming out of lost property.
  • Police support and assistance guaranteed.

ILLUSTRATION: – Case of Mr. Tse-Topgyal.

       Types of First Information Report.

  • Written FIR
  • Oral FIR
  • Zero FIR

    Situation when FIR refused to be lodged by police station.

  • Police may refuse to file FIR on many incident, i.e. no jurisdiction etc.
  • If refused to lodge than write a formal complaint against Superintend of Police u/s 154(3) CrPC.
  • Or if further refused than get a written order from Magistrate u/s 156(3) CrPC.
  • False FIR will put party guilty under sec. 177 IPC.
  1. Affidavit and its meaning, usage, types.
  • Affidavit: – Statement disclosed under oath of being everything correct and nothing untrue dully signed and attested.
  • Drafted under stamp paper.
  • If it is tobe produced before court than has to be attested under oath commissioner, rest can be attested by Notary public.

Things to keep in mind while drafting affidavit.

  • If you are signing an affidavit, please read the content of the document.
  • And then signed the doc.
  • Always drawn on stamp paper.
  • Make sure that contents of the affidavits are as per your need.
  • Affidavit cannot be of any illegal content. 
  • Show specimen of affidavit.

            Common types of Affidavits.

  • affidavit for birth
  • affidavit for name change
  • affidavit for disclaimers
  • affidavit for death.
  • affidavit for Bonafide resident
  • affidavit for declaration of facts.