Tag: TRIAL

Speedy Trial

The criminal courts should exercise their available powers, such as those under Sections 309, 311 and 258 of the Code of Criminal Procedure to effectuate the right to speedy trial. A watchful and diligent trial Judge can prove to be a better protector of such right than any guidelines. In appropriate case, jurisdiction of the High Court under Section 482, Cr.P.C. and Articles 226 and 227 of the Constitution can be invoked seeking appropriate relief or suitable directions. This is an appropriate occasion to remind the Union of India and the State Governments of their constitutional obligation to strengthen the judiciary – quantitatively and qualitatively – by providing requisite funds, manpower and infrastructure. We hope and trust that the Government shall act.

Trial means

Context of Civil Suit In legal parlance it means a judicial examination and determination of the issue in civil or criminal Court by a competent Tribunal. According to Webster Comprehensive Dictionary, International […]

General Rules for Sessions or Magisterial Trials

Every time an inquiry or trial is adjourned, an order of the Court in writing giving the reasons therefor shall be recorded. The reason for which an adjournment can be granted may be either the absence of a witness or any other reasonable cause as stated in Section 309 of the Code. Adjournment shall not ordinarily be granted in order to give time to the Advocates to prepare their address to the Court as this will lead to unnecessary delay in the disposal of cases.

Nisi prius trials

The verbal altercation which resulted in the formulation of irrevocable pleadings had to take place in court before the judges, who supervised the process and helped the parties to reach a suitable issue. Once the issue was reached, however, it was a simple business to put the issue to the jury and record their verdict.

S-307 of Code of Criminal Procedure-1898-Jury Trial

If in any such case the Judge disagrees with the verdict of the jurors, or of a majority of the jurors, on all or any of the charges on which (any accused person) has been tried, and is clearly of the opinion that it is necessary for the ends of justice to submit the case (in respect of such accused person) to the High Court, he shall submit the case accordingly, recording the grounds of his opinion, and, when the verdict is one of acquittal, stating the offence which he considers to have been committed (and in such case, if the accused is further charged under the provisions of S. 310, shall proceed to try him on such charge as if such verdict had been one of conviction)

General Rules applicable to Criminal Trials

Affidavits intended for use in Judicial Proceedings may be sworn or affirmed before any Court or Magistrate (or an Advocate other than the Advocate who has been engaged in such proceedings) or a Member of Panchayat or a Sub-Registrar, Nazir or Deputy Nazir or a Member of the Legislative Council or of the Legislative Assembly of the State or a Member of the Zilla Parishad or a Municipal Councillor or a Retired Gazetted Officer receiving pension from the Government or any other Gazetted Officer in the service of the State Government or the Central Government or a Notary as defined in the Notaries Act, 1952, or any Commissioner or other person appointed by the High Court for the purpose of taking affidavits or affirmations or any Judge or any Commissioner for taking affidavit in any Court of record in India.