Many of you have reached out to me, over the last few months and years, for copies of judgments and orders that I wrote – during my tenure as a Trial Court Judge. Many of these are available on IndianKanoon, but not all. Here’s one that was sent to me recently by someone, which wasn’t…
This is a guest post by the very bright young judge Harshit Sharma (https://www.linkedin.com/in/harshit-sharma-hs30/) on a very interesting topic of civil law. The present article focuses on the regularly encountered situation in trial courts. It is often seen that in a suit by plaintiff where he claims injunction in the connected miscellaneous file through an…
*Part of the ‘Letters to a Young Lawyer’ series. This series is inspired by my conversations with my brilliant younger colleagues at the Chambers. This is how it goes: Congratulations, you’ve got a brief! 1. Look at the brief admiringly! (But not for long lest people start suspecting your sanity!). Well, Congratulations – this brief…
■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…
The Certificate u/s 65B is not required to be on an affidavit. Though normally to be filed along with the electronic record (print-out, USB drive, etc), it can be filed subsequently too, either as a supplementary chargesheet, or by resort to S.311/391 of the CrPC. In Civil cases, the certificate can be brought on record subsequently by relying upon…
First published on LiveLaw The Journey of a civil case isn’t a straight road where you start from a particular point and reach your final destination, without any interruptions. Rather a civil case is like one of those tedious Haryana Roadway’s bus journeys – with multiple halts – before it reaches its final destination. A…
First published on Bar and Bench A call from the High Court is a big thing, whoever and wherever one is – in life. Especially when you are a 25-year-old Magistrate, and it is your parent High Court. It fills you with excitement and dread. One late afternoon, during my stint as a Magistrate at Dwarka Courts,…
Bharat Chugh 