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…
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…
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…
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…
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,…
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…
“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…
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…
A Guest Post by the very articulate lawyer Siddharth Shivakumar. First published on his blog ‘Quoting The Courts‘, accessible here. Here goes: The recent Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 has caused quite a stir and has left Indian netizens confused and worried about the future of the social media…
This is the second in a series of posts titled ‘Judgments without tears’ where we try to make complex judgments accessible and fun. A guest post by my dear friend and super talented Vishal Vyas. Let me try unpacking Satish Chander Ahuja vs. Sneha Ahuja delivered on 15.10.2020. A 151 page judgment but a well-reasoned judgment under…
Bharat Chugh 