- Ryan School Murder Case: How to assess Bholu’s culpability? (Guest post by Sh.Rajesh Mohan, IPS)
This is a guest post by Sh. Rajesh Mohan, IPS, Haryana Cadre (follow him on twitter here!) On 8th September 2017, a class II student was found murdered with his throat slit inside a washroom of the Ryan International School at Bhondsi, Gurugram in Haryana. After coming into the media limelight the case was transferred […]
- Outsourcing ‘Feeling’ or “The Letter Writer” (Poetry Night)
Do you mind outsourcing to me- What you always wanted to say, But couldn’t find a way. Listen, I can write that letter for you, Make those passions renew. I’m really good at it, With that decent-sized wit; And not just it… I’m also good at saying things I don’t mean, I’m sure you […]
- PMLA – A (P)oem On the (M)oney (L)aundering (A)ct.
“It’s very genesis is illegal; it can’t be a Money Bill! This vitiates everything; a lacunae that you can’t fill!” This issue – we decide not to decide, Let’s look at the other issues, for a moment, keeping this aside. The law is amazing; it’s beautiful; truly one of its kind, The legislature was competent, […]
- Pre-Trials Powers of a Civil Court to expedite disposal of cases(Guest Post)
Every trial is a voyage of discovery in which truth is the ultimate quest. A guest post by Ambanshu Sahni, Advocate practising at the Punjab & Haryana High Court and the Supreme Court. First published at https://lawsofindiaexplained.blogspot.com Indian Judicial system is facing a humongous problem of backlog of cases. The pendency of cases results in delays […]
- 10 things you must know about the new influencer endorsement guidelines issued by the CCPA
With great (social media) influence comes great responsibility. This is the essence of the new CCPA guidelines. Here: This is not a new development. ASCI had earlier come up with similar guidelines for influencers/celeb endorsers. However, the same were observed more in their breach than in compliance. This was because ASCI guidelines are only advisory/persuasive […]
- Law in 100 Words| Part 16 | Quashing of Criminal Proceedings on the basis of Settlement | Guest post by Sholab Arora
The power of a court to compound an offence u/s 320 CrPC is different from the power of the High Court to quash a criminal proceeding u/s 482 CrPC. The High Court can quash a criminal proceeding even if it involves a non-compoundable offence, however, subject to the two disjunctive preconditions stipulated in Section 482: first, […]
- Law in 100 Words | Part 15 | Section 6 of the Specific Relief Act; Speedy recovery of possession (Guest Post)
Section 6 of Specific Relief act, 1963 (hereinafter referred as SRA), obligates a court to provide summary relief to a person who is dispossessed without his consent of immovable property & without following the due process of law. The object of Section 6 of SRA is to provide immediate and speedy relief to a person who has been unjustly and […]
- Law in 100 Words | Part 14 | Calculating 60/90 days period for the purpose of Default/Compulsory Bail (S.167 CrPC)
Let’s take the facts of Ravi Prakash Singh v state of Bihar, (2015) 8 SCC 340 for the purpose of illustrating. Here are the brief facts: Accused first surrendered before the Court on 05.07.2013 and 1st remand order passed is passed on the same day. Bail application filed by the accused on 03.10.2013 on the ground that he is entitled to […]
- A few words on Re-examination of Witnesses | The Art of putting Humpty Dumpty back together again…
The purpose of re-examination is clear from the bare language of Section 138 of the Evidence Act. It reads: 138: Order of Examination – Witnesses shall be first examined-in chief then (if the adverse party so desires) cross-examined, then (if the party calling him so desires) re-examined. .. .. Direction of re-examination.—The re-examination shall be directed […]
- Some thoughts on the distinction between a mere breach of contract and offence of cheating.
The clear distinction between these two concepts is often ignored. Often deliberately – with a view to turn a patently civil dispute into a criminal case (to exert pressure, ease recovery, etc.). This is – no doubt – a very unfortunate tendency. (Over 70% of all cases pending at the trial court level are criminal […]
- A few words on The Art (and Science!) of Cross Examination and Trial Warfare.
A lot of you have written to me – over the years – on advice relating to cross examination. Well, advice isn’t worth much when it comes to something as practical and experiential as cross examination. (One can’t learn swimming in a library!). Having said that, a few broad principles that I’ve found particularly helpful […]
- Law in 100 Words | Part 13 | Judgment Writing #101 | How to write facts in a judgment (for aspiring trial court judges)
■Facts are key. A trial court is essentially a court of fact. ■At the High Court, all that a lawyer needs to do in order to get the leave to appeal is to demonstrate factual aspects not dealt-with in order get the leave granted in his/her favour. ■Good practice to read and internalize the whole file […]
- Law in 100 Words | Part 12 | Joinder of Charges/Accused – A Case Study.
Facts: •CBI receives information that the CMD of a PSU is allegedly accepting bribes from bidders/suppliers of the PSU. •The CBI lays down a trap. The wife of the CMD is also caught allegedly depositing gold bars in a bank locker. •Two chargesheets are filed. One against all the people involved in the alleged offence including the […]
- Law in 100 Words | Part 11 | Some Bail Law related reforms.
Scope of bail hearing should be limited. It should be clarified that a Bail hearing is not a mini trial, and a statutory amendment should clarify so. Especially, given the conflicting judicial decisions on this point. Reconsideration of higher threshold for bail in cases under special criminal laws. Time-bound disposal of bail applications. Make it a […]
- Law in 100 Words | Part 10 | Section 313 of the CrPC | Guest Post by Adv. Sholab Arora
Section 313 (1) (b) of CrPC obligates a trial court, after the prosecution evidence is complete, to question the accused “generally on the case…for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him”. The product of this exercise is generally referred to as ‘Section 313 Statement’, the […]
- My favourite books and authors. Top 45 non-law reads.
Many of you have reached out to me – over the years – seeking book recommendations, or asking me – who my favourite authors are. To be honest, I don’t think I’ve simply read enough in life to be equipped to suggest/recommend but, for what its worth, here are a few that I absolutely love. […]
- Law in 100 Words | Difference between Cancellation of Bail and Challenge to a Bail Order | Part 9
These two concepts are often misunderstood and confused. Cancellation of bail is where the prosecution (or the victim) moves the Court to get the bail (already granted!) cancelled due to a post-bail circumstance or violation of conditions after the grant of bail. This is done in cases where the Bail order was originally proper/tenable but the accused, […]
- A few lines on – Andrew Roberts’ Napoleon – the Great
A few lines on ‘Napoleon : The Great/A Life by Andrew Roberts’ *May contain spoilers. Also, typed on the phone. Please ignore the typos. Stars : 5 out of 5. Tells you what a single life can do. And it can do a lot! A story of enlightenment, courage, self-belief, intellect, discipline, will-power, and lots […]
- Law in 100 Words | The need and importance of giving ‘suggestions’ in cross examination | Part 9
Visualise an examination in chief like building a wall (made up of the bricks of relevant facts and facts in issue). Imagine cross examination as trying to punch holes in that wall by incisive questioning and exposing falsehood, inconsistent statements, impeaching the credibility and veracity of the witness, culling out admissions, etc. etc. We all […]
- A Nano Book Review : The Proof by Frederick Schauer
A book that we absolutely need, though not necessarily a book that we deserve. We live in a world that is increasingly surrendering itself to a mind-numbing state of a willing suspension of disbelief. Where what we believe in is not based on the purifying streams of evidence and proof, (or enough evidence – at […]