Category: Procedural Law
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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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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 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 The Art (and Science!) of Cross Examination and Trial Warfare.
A lot of you have written to me – over the years – on advice relating to cross examination. Well, advice isn’t worth much when it comes to something as practical and experiential as cross examination. (One can’t learn swimming in a library!). Having said that, a few broad principles that I’ve found particularly helpful […]
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Law in 100 Words | Part 12 | Joinder of Charges/Accused – A Case Study.
Facts: •CBI receives information that the CMD of a PSU is allegedly accepting bribes from bidders/suppliers of the PSU. •The CBI lays down a trap. The wife of the CMD is also caught allegedly depositing gold bars in a bank locker. •Two chargesheets are filed. One against all the people involved in the alleged offence including the […]
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Law in 100 Words | Part 10 | Section 313 of the CrPC | Guest Post by Adv. Sholab Arora
Section 313 (1) (b) of CrPC obligates a trial court, after the prosecution evidence is complete, to question the accused “generally on the case…for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him”. The product of this exercise is generally referred to as ‘Section 313 Statement’, the […]
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Law in 100 Words | The need and importance of giving ‘suggestions’ in cross examination | Part 9
Visualise an examination in chief like building a wall (made up of the bricks of relevant facts and facts in issue). Imagine cross examination as trying to punch holes in that wall by incisive questioning and exposing falsehood, inconsistent statements, impeaching the credibility and veracity of the witness, culling out admissions, etc. etc. We all […]
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Law in 100 Words | Part 8 | What is Protest Petition (Guest Post)
After completion of investigation in a criminal case, the police has to forward report to the Court u/s 173(2) of the CrPC. Upon receipt of this police report, the Court may; Refuse to take cognizance (and close the case); or Direct further investigation u/s 156 and/or 173(8) CrPC; or Take cognizance u/s 190 1(b) CrPC […]
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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 […]
Bharat Chugh 