A defense lawyer struggles for you in the court when you are facing
criminal charges. They are trained in such a way that they analyze the
cases by considering evidences to find out the weaknesses of the
opposition. They perform their strategies for the dismissal of the case
and reduction of charges. A defense lawyer evaluates the case and
advises the best way to proceed. They explain you about the status of
the case and the federal legislation.
A best professional lawyer has good communication skills
and exceptional knowledge about the legislature and the laws. A good
communication skill includes being a good listener and a good speaker.
The ability to judge and decide the next step to argue convincingly
during the hearing is also essential. They are very sensitive to
concentrate in the weak sides of the arguments and able to spot points
to the weaknesses immediately. A professional lawyer is experienced with
the knowledge and practice of law. They perform research effectively to
understand the case and get their client ready with the right strategy
for the case.
A curative petition is the last reconsideration of the judgment
considered by the Supreme Court. It is taken into consideration by the
judges in the chamber. Only in rare cases, this petition is given in
court hearing hence it is the final option. Under article 137 of the
constitution of India, the Supreme Court has the power to review
judgment declared by itself. You can file the curative petition within
30 days of the judgment of the Supreme Court. This petition aims to
minimize abuses of the judicial process and cure lapses in the system.
The court has the right to impose exemplary costs to the petitioner if
the request lacks merit. This concept started to apply during the case
of Rupa Ashok Hurra v/s Ashok Hurra in 2002.
Transfer petition in Supreme Court is stated under Section 25 where
the Supreme Court has the power to transfer the case or proceedings from
the High Court or Civil Court of one state to the High Court of another
state. This is performed if Supreme Court feels that it has to be
reconsidered for justice. Example for a petition is a criminal transfer
petition (under section 406) where the Supreme Court can act only when
parties are interested. The divorce transfer petition is filed by the wife only for valid reasons.
An anticipatory bail comes under Section 438 of the criminal
procedure code. If a person thinks that he/she may get arrested for a
non-bailable conduct, then he/she can apply for anticipatory bail in
Session Court or High Court. The authority to grant anticipatory bail in
India is the Supreme Court, High Court and Sessions Court. Bail is the
temporary release of a person for the given amount of time by the court.
While giving anticipatory bail from Supreme Court,
court ensures the nature of the accusation and possibility of the
person to get released from the case. The court also makes sure if the
accused person has undergone imprisonment in any offense earlier. If the
bail from Supreme Court is rejected then the police have the authority
to arrest the person without the warrant.