CIVIL

PRACTICE IN THE TRIAL OF CIVIL SUITS IN INDIA

KEYWORDS:- PRACTICE- CIVIL SUIT- PRACTICE IN THE TRIAL OF CIVIL SUITS:- Court hours, holidays, and cause lists ETC Reception of plaints and applications. Examination of the plaint Service of Processes Written Statements Settlement of Issues Documentary Evidence Hearing of suits, adjournments, Examination of Witnesses etc Dismissals in Default and Ex-Parte proceedings Speedy Disposal of cases… Continue reading PRACTICE IN THE TRIAL OF CIVIL SUITS IN INDIA

CIVIL

Category of cases where the trial is required to be fast tracked.

State of Karnataka v. Shivanna, (2014) 8 SCC 913 Directions issued bySupreme Court in form of mandamus to all police stations' "2. While we propose to consider this matter on merits after service of notice to the respondent-accused, we feel acutely concerned as to why the Union of India should not take initiative and steps… Continue reading Category of cases where the trial is required to be fast tracked.

Criminal

The jurisdiction of the criminal courts in inquiries and trials in India

9. Section 177 of Cr.P.C postulates that ordinarily offence shall be inquired into and tried by a court within whose local jurisdiction it was committed. Section 178, inter alia, deals with situations when it is uncertain in which of several local areas, an offence is committed or partly committed in one area and partly in… Continue reading The jurisdiction of the criminal courts in inquiries and trials in India

Criminal

Madan Mohan Vs. State of Rajasthan & Ors.[SC 2017 December]

KEYWORDS:-  DE FACTO COMPLAINANT -SESSIONS JUDGE ALLOWED APPLICATION U/S 193 Cr.P.C DATE : December 14, 2017 The De-Facto complainant  filed an application under Section 193 of the Code in the Sessions Trial complaining therein that the names of respondent Nos.2 and 3 - Ashish Meena and Vimal Meena though figured prominently in all the material documents… Continue reading Madan Mohan Vs. State of Rajasthan & Ors.[SC 2017 December]

Criminal

Interpretation of Criminal Statutes

Stare decisis is a maxim among ... lawyers, that whatever has been done before may legally be done again: and therefore they take special care to record all the decisions formerly made against common justice and the general reason of mankind. — Jonathan Swift, Gulliver’s Travels. "WE DO NOT KNOW WHAT THE LEGISLATURE HAD INTENDED BUT SURELY… Continue reading Interpretation of Criminal Statutes

CIVIL, Criminal

Right of the Accused Person in India

In 1978(2) SCC 424 Nandini Satpathy Vs. P.L. Dani Hon’ble Supreme Court laid down following guidelines about Right of accused to consult Advocate. “(a) Under Article 22(1), the right to consult an advocate of his choice shall not be denied to any person who is arrested. Articles 20(3) and 22(1) may be telescoped by making it prudent… Continue reading Right of the Accused Person in India

CIVIL, Criminal

Section 125 [488 Old] of Criminal Procedure Code [Law Points]

MAINTENANCE- The proceedings under Section 488 of the Old Code are quasi-civil in nature but that does not mean that the Magistrate dealing with them gets all the powers of a civil court or that all the rules governing the civil proceedings can be imported. Though Section 125 benefits a distressed father also, main thrust… Continue reading Section 125 [488 Old] of Criminal Procedure Code [Law Points]

CIVIL, Criminal

Judge is condemned when guilty is acquitted

judex damnatur cum nocens absolvitur [LATIN] Supreme Court in a case of Hardeep Singh vs. State of Punjab, 2014(1) RCR (Criminal) 623 wherein the Constitution Bench has consideration the provisions of Section 319 Cr.P.C and held that Section 319 Cr.P.C. springs out of the doctrine judex damnatur cum nocens absolvitur (Judge is condemned when guilty is acquitted) and this doctrine must… Continue reading Judge is condemned when guilty is acquitted

CIVIL, constitution

Complete Justice under Articles 136 and 142 by Indian Supreme Court

N. Suriyakala v. A. Mohandoss & Ors Tirupati Balaji Developers (P) Ltd. & Ors. v. State of Bihar & Ors. State of Maharashtra v. Champalal Punjaji Shah Gopal & Ors. v. State of T.N Kunhayammed & Ors. v. State of Kerala & Anr Manohar Lal Sharma v. Principal Secy & Ors Shahid Balwa v. Union of India & Ors… Continue reading Complete Justice under Articles 136 and 142 by Indian Supreme Court

Criminal

Inherent Power of High Court

THE IDEA Inherent powers are powers which are resident in all courts, especially of superior jurisdiction. These powers spring not from legislation but from the nature and the Constitution of the Tribunals or Courts themselves so as to enable them to maintain their dignity, secure obedience to its process and rules, protect its officers from indignity and wrong… Continue reading Inherent Power of High Court

CIVIL, Criminal

Rights of the Victim in Prosecution

Criminal Procedure Code under Amendment of 2009 ( W.E.F 31.12.2009) recognized the place of Victim and Victim's role in prosecution and appeal. Definition of Victim U/S 2 [wa]- "victim" means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the… Continue reading Rights of the Victim in Prosecution

CIVIL, Criminal

When Dispute Is Of Civil Nature, Giving It A Criminal tone Is Abuse Of Process

KEYWORDS: CHEATING - CRIMINAL BREACH OF TRUST - BREACH OF CONTRACT Cheating -Hridaya Ranjan Prasad Verma & ors -vs Stat of Bihar and anr (2000) 4 SCC 168 "It is held time and again that the distinction between mere breach of contract and the offence of cheating is a fine one .It would depend upon the intention… Continue reading When Dispute Is Of Civil Nature, Giving It A Criminal tone Is Abuse Of Process

Criminal

Co-relation between fair investigation and fair trial

186. Having pointed out the role, which a Public Prosecutor is required to play, particularly, in a sessions trial, it may also be, at the cost of repetition, emphasized that a defective, biased or mala fide investigation or a tainted investigation cannot give rise to a valid charge sheet, because such on investigation would, ultimately,… Continue reading Co-relation between fair investigation and fair trial

CIVIL, Criminal

Can Session prosecution be conducted by the counsel of a victim ?

In Shiv Kumar`s case , the legislative intention becomes manifestly clear that prosecution, in a sessions court, cannot, under the scheme of the Code, be conducted by any one other than the Public Prosecutor. The Legislature reminds the State that the prosecution of every accused must strictly conform to fairness of a criminal trial. 177.… Continue reading Can Session prosecution be conducted by the counsel of a victim ?

TRIAL

Ordinary Provisions for Inquiry and Trials before Criminal Courts in India

A criminal trial is a judicial examination of the issues in the case and its purpose is to arrive at a judgment on an issue as to a fact or relevant facts which may lead to the discovery of the fact issue and obtain proof of such facts at which the prosecution and the accused… Continue reading Ordinary Provisions for Inquiry and Trials before Criminal Courts in India

CIVIL, TRIAL

Summary Trials by Magistrate

Chapter XXI Summary Trials 260. Power to try summarily (1) Notwithstanding anything contained in this Code– (a)any Chief Judicial Magistrate; (b)any Metropolitan Magistrate; (c)any Magistrate of the first class specially empowered in this behalf by the High Court, may, if he thinks fit, try in a summary way all or any of the following offences:– (i)offences… Continue reading Summary Trials by Magistrate