Month: July 2022
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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…
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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,…
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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…
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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…
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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…