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…
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…
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…
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…
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…
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…
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…
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…
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…