Category: Guest post
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Judicial Magistrate’s Power to take Cognizance of Offence committed beyond his Territorial Limits and in Cases where it acts as a Link Court (Guest Post)
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 legal issue. Here’s how it goes Cognizance- Meaning The term cognizance means taking notice of the matter judicially. Taking cognizance is sine qua non for trial. It is not the same thing as issue of process. In so…
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Suit Dismissed for default, Restoration Application also dismissed for default- What are the Remedies Available?
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. Introduction It is a normal thing in civil courts that civil suits get dismissed for default under Order 9 Rule 8[i] of Civil Procedure Code (CPC) when the plaintiff doesn’t appear when the suit…
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Defendant’s Claim for Injunction in Suit filed by Plaintiff (A Guest Post by Harshit Sharma)
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…
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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…
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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 6 | Marshalling & Appreciation of Evidence (Guest Post)
“Justice must not only be done, but must also be seen to be done.” And, it would seen to be done only if there is proper marshalling & appreciation of evidences, which is the backbone of any Judgement or Order. Though having pivotal importance, interestingly, these two terms have nowhere been defined in any statute. Marshalling…
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Livestreaming Proceedings: Making Justice Visible or Diluting Majesty of the Courts?
A guest post by the very talented, Satyam, who interned at the Chambers last month. The live streaming of the court proceedings of the Gujrat Chief Justice’s court via YouTube, which started as an experiment in October last year, culminated into a formal approval to the idea in the form of The Gujarat High Court (Live…