Day: September 17, 2023

Vinod Kumar vs State Of Punjab (23/09/2014)

advtanmoy 17/09/2023

The law requires special reasons to be recorded for grant of time but the same is not taken note of. As has been noticed earlier, in the instant case the cross-examination has taken place after a year and 8 months allowing ample time to pressurize the witness and to gain over him by adopting all kinds of tactics. There is no cavil over the proposition that there has to be a fair and proper trial but the duty of the court while conducting the trial to be guided by the mandate of the law, the conceptual fairness and above all bearing in mind its sacrosanct duty to arrive at the truth on the basis of the material brought on record.

Cross-examination is the art of asking simple questions in the right order – by John Stratton (2007)

advtanmoy 17/09/2023 2

Irving Younger’s ‘Ten Commandment’s of Cross-Examination’. Irving Younger’s ‘Ten Commandments of Cross-Examination’ are:

1. Be brief 2. Use plain words 3. Ask only leading questions 4. Be prepared 5. Listen 6. Don’t get into a quarrel 7. Avoid repetition 8. Disallow witness explanations
9. Limit questioning 10. Save the main point for the summation

অস্তচাঁদে – জীবনানন্দ দাশ

advtanmoy 17/09/2023

কোন্ রাজনন্দিনীর ঠোঁটে আমি এঁকেছিনু বর্বর চুম্বন! অন্দরে পশিয়াছিনু অবেলার ঝড়ের মতন!…..চুপে চুপে মুখে কার পড়েছিনু ঝুঁকে….ব্যাধের মতন আমি টেনেছিনু বুকে…..

  • A judge is the pillar of entire justice system and public has a right to demand virtually irreproachable conduct from a judge (SC-10/12/2019) - A person discharging judicial duties acts on behalf of the State in discharge of its sovereign functions. Dispensation of justice is not only an onerous duty but has been considered as akin to discharge of a pious duty, and therefore, is a very serious matter. The standards of probity, conduct, integrity that may be relevant for discharge of duties by a careerist in another job cannot be the same for a judicial officer. A judge holds the office of a public trust. Impeccable integrity, unimpeachable independence with moral values embodied to the core are absolute imperatives which brooks no compromise. A judge is the pillar of the entire justice system and the public has a right to demand virtually irreproachable conduct from anyone performing a judicial function. Judges must strive for the highest standards of integrity in both their professional and personal lives.
  • A daughter has no right u/s 14 of Hindu Succession Act of her father’s property if it is occupied by her brother through adverse possession (SC-28/08/2023) - A Hindu daughter has no right u/s 14 of Hindu Succession Act on the property of her father if it is occupied by her brother through adverse possession (SC-28/08/2023)- [See Pritam Singh v. State, AIR (1950) SC 169: (1950) SCR 453, Hem Raj v. State of Ajmer AIR (1954) SC 462: (1954) SCR 1133, Bengal Chemical & Pharmaceutical Works Ltd. v. Employees, AIR (1959) SC 633: 1959 Supp (2) SCR 136: (1959) 1 LLJ 413, Municipal Board, Pratabgarh and Anr. v. Mahendra Singh Chawla and Ors. (1982) 3 SCC 331: (1983) SCC (L&S) 19, Taherakhatoon (dead) by LRs v. Salambin Mohammad (1999) 2 SCC 635]

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