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 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…
■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…
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…
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…
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…
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.…
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 ‘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…
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…
Bharat Chugh 