UNDERSTANDING EXHIBITION AND MARKING OF DOCUMENTS DURING EVIDENCE (GUEST POST)

[1] This is a guest post by Ms. Sonam Singh, an officer of the Delhi Judicial Services. This column was first published at Bar & Bench. It was the first day at work for a junior lawyer, at Tis Hazari Courts.  His senior had asked him to go to the Court for a matter:  His senior … Continue reading UNDERSTANDING EXHIBITION AND MARKING OF DOCUMENTS DURING EVIDENCE (GUEST POST)

Committed a crime? Now, face(scan) the consequences! The law against self-incrimination and locked smartphones.

By Bharat Chugh. [1] First published one SCC Online Blog here. On the legality of compelling an accused to disclose his smartphone/laptop password, or open his phone through face-scan, or fingerprint and the constitutional protection against self-incrimination.   Our smartphones are an extension of our minds and souls. Our deepest desires. Our darkest secrets. Our smartphones know … Continue reading Committed a crime? Now, face(scan) the consequences! The law against self-incrimination and locked smartphones.

Q. What is the difference between ‘exhibition’ of documents and ‘marking of documents’ IN EVIDENCE?

Not much of a difference. Frankly, there has been much ado about nothing. The general belief is that a document which is given an 'Exhibit' number is usually held to be legally admissible. For instance, original documents are given the nomenclature of 'Exhibits' by the Court and accepted in evidence as 'Exhibit A', 'Exhibit B' … Continue reading Q. What is the difference between ‘exhibition’ of documents and ‘marking of documents’ IN EVIDENCE?

‘Promissory Estoppel’ and ‘Legitimate Expectations’ : Same wine in different bottles?

Well, they are not. Supreme Court says so in the very lucidly written - State of Jharkhand & Ors v. Brahmputra Mettalics Ltd. Ranchi & Another (2020 SCC OnLine SC 968) that all students of administrative and civil law should absolutely read. The occasion to clarify this arose in a case where a company (let's … Continue reading ‘Promissory Estoppel’ and ‘Legitimate Expectations’ : Same wine in different bottles?

Who really is a “police officer?”. A quick case comment on the Supreme Court decision in Tofan Singh v. State of Tamil Nadu (2020 SCC OnLine SC 882)

Isn’t it too late in the day to be deciding this, you ask? Shouldn’t something like this - which goes to the very basics of a criminal justice system - be settled for good by now? Well, the law on this point - as the discussion below would reveal - has meandered (instead of evolving!). … Continue reading Who really is a “police officer?”. A quick case comment on the Supreme Court decision in Tofan Singh v. State of Tamil Nadu (2020 SCC OnLine SC 882)

Phone-tapping and Recording of a Phone conversation: Is it legal and admissible?

First published on LiveLaw at : https://www.livelaw.in/phone-tapping-and-recording-of-a-phone-conversation-by-a-private-party-issues-relating-to-legality-and-admissibility/ “Who are you? Why do you hide in the darkness and listen to my private thoughts?” William Shakespeare, Romeo and Juliet Is Privacy history? The sheer number of court trials where a telephone recording is sought to be used by either party as evidence, suggest that private thoughts are … Continue reading Phone-tapping and Recording of a Phone conversation: Is it legal and admissible?

An A to Z guide to the new, time-less and important in law

Why an A to Z list of law/legal concepts/judgments etc.? As somebody wise said: A rear-view mirror is the best kind of crystal ball. Sometimes ‘looking back’ is ‘looking ahead’. Our choices and the effects we produce have their causes in the past; and, before this post degenerates into philosophical humdrum about interpretation of history … Continue reading An A to Z guide to the new, time-less and important in law

Rethinking ‘Fruits of the Poisonous Tree Doctrine’: Admissibility of Illegally Obtained Evidence

“If I want to deprive you of your watch, I shall certainly have to fight for it; if I want to buy your watch, I shall have to pay for it; and if I want a gift, I shall have to plead for it; and, according to the means I employ, the watch is stolen … Continue reading Rethinking ‘Fruits of the Poisonous Tree Doctrine’: Admissibility of Illegally Obtained Evidence