MY TWO CENTS
ON THE
TIMELY AND THE TIMELESS
In the
LAW.
Whether an accused can be directed to disclose his phone password by the investigators?
Background I’ve written on this subject earlier (see here) and primarily on the Karnataka High Court ruling (“Virendra Khanna”) on the subject. Ruling in Virendra Khanna In Virendra Khanna, the High Court permitted the Investigating agencies to direct the accused to disclose his password, and in case of non-compliance, seek Court’s intervention in that regard.…
-
Whether an accused can be directed to disclose his phone password by the investigators?
Background I’ve written on this subject earlier (see here) and primarily on the Karnataka High Court ruling (“Virendra Khanna”) on the subject. Ruling in Virendra Khanna In Virendra Khanna, the High Court permitted the Investigating agencies to direct the accused to disclose his password, and in case of non-compliance, seek Court’s intervention in that regard.…
-
A few thoughts on the New Indian Criminal Laws. (Part 2)
This is Part 2 in a series on the analysis of the new proposed amendments to the criminal laws. You can find the 1st part here. *Caveat : This piece was written on the first draft, that is, before the first draft went to the Select Committee and a new version was put up for…
-
A few thoughts on the New Indian Criminal Laws. (Part 1)
*Caveat : This piece was written on the first draft, that is, before the first draft went to the Select Committee and a new version was put up for consideration and finally passed by the Legislature. A lot of you have written to me, over the past few weeks, seeking my views on the New…
-
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…
-
Openings for 2 ‘Legal Researcher’ positions at the Chambers of Bharat Chugh
The Chambers of Bharat Chugh has two openings for the position of : ‘Legal Researcher”. Experience : 1 to 3 years. With : 1) Proficiency in Legal research (case law, statute, regulations, foreign law, juristic/expert opinions, legal history, etc.)2) Legal writing skills/publications. 3) Solid basis in foundational legal first-principles. 4) Most importantly : A skill and love for…
-
A few thoughts on drafting of written submissions:
1. Lay out what the case is about in the 1st para itself. For instance, in a contractual dispute, say, at the very outset, that this case concerns a software license agreement where X gave Y license to use it’s software. The parties are before this Court/Tribunal because the contract does not – at least…
-
A few thoughts on Court Craft:
1. Be fair & honourable. An advocate is a story-teller but she’s an ethical story-teller. You don’t take creative liberty with the facts. You may be entitled to your own opinions or interpretations but you are not entitled to your own facts. 2. But there is a creative element in how you present those facts.…
-
Some thoughts on the Art of Cross Examination
“Cross-examination is the greatest legal engine ever invented for the discovery of truth.” John Henry Wigmore 1. Failing to prepare is preparing to fail. You have to LIVE the case to be able to cross examine well. 2. When the witness is under cross examination, you are on trial too; especially when giving suggestions, as…
-
Some thoughts on 313 of the CrPC (The Art of Trial Advocacy)
1. Explain each incriminating evidence specifically and clearly. 2. Ensure that your narrative in S.313 is consistent with your defence in the case (as discernible from bail applications, cross examination of PWs, discharge application, etc). 3. Traditional/generic responses such as “This is false case” or “This is a matter of record. I am innocent.” simply…
-
ArtOfAdvocacy (100 Words): The Craft of addressing Final Arguments in Trials:
1. Your argument should, at the very outset, answer : WDWTW. Who did what to whom? Legal issues can come later. 2. Storytelling is key. Use choice details to paint a vivid image. 3. Carefully sift admitted and disputed facts. Narrow down the point of controversy. 4. Concede bad facts. Be fair. Build credibility. Be…
Recent posts
Other posts
Categories of posts
- Art of Advocacy (8)
- ArtofAdvocacy (1)
- bail (7)
- Bankruptcy (3)
- Benami Law (3)
- Bharat's Notes (5)
- book recommendation (6)
- Case comment (3)
- Civil Law (18)
- Constitutional Law (6)
- Consumer Law (1)
- contract law (6)
- conversation/podcast (1)
- Corporate Law (6)
- Corporate Law Concepts (4)
- COVID (2)
- Criminal Justice System (80)
- criminal law (62)
- cross examination (1)
- CROSS EXAMINATION? (1)
- crpc (2)
- Cyber Law (9)
- Data Protection (4)
- Diaries of a Young Lawyer (21)
- Diary of a Young Judge (11)
- due process (4)
- Evidence Law (16)
- Extradition Law (2)
- Family Law (11)
- GST (1)
- Guest post (12)
- Hindu Succession Law (2)
- IBC (3)
- Influencer Liability (1)
- Insolvency and Bankruptcy Code (4)
- International Commercial Arbitration (4)
- Interpretation (3)
- interviews (1)
- Islamic Law (1)
- Judgeship (6)
- Judgment Writing (7)
- law of arrest (2)
- Law Reform (9)
- law school (7)
- law students (10)
- legal writing (10)
- Mentorship (8)
- Mercantile Law (4)
- Model Answers (2)
- Money laundering (4)
- Op-Ed (15)
- Opportunities (1)
- Personal (14)
- PMLA (1)
- Podcast (2)
- Poetry (6)
- Probono (2)
- Procedural Law (28)
- Property Law (18)
- Service Law (2)
- Short Fiction (2)
- Short story (1)
- Slice of Life (9)
- social justice (3)
- social media law (1)
- Tax Law (1)
- Tech law (8)
- Uncategorized (180)
- White Collar Crime (30)
The Blog of Bharat Chugh 