- Suit Dismissed for default, Restoration Application also dismissed for default- What are the Remedies Available?
by Bharat Chugh
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 […]
- A Judgment that I wrote in a case of false implication by the Police
by Bharat Chugh
Many of you have reached out to me, over the last few months and years, for copies of judgments and orders that I wrote – during my tenure as a Trial Court Judge. Many of these are available on IndianKanoon, but not all. Here’s one that was sent to me recently by someone, which wasn’t […]
- Defendant’s Claim for Injunction in Suit filed by Plaintiff (A Guest Post by Harshit Sharma)
by Bharat Chugh
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 […]
- Interaction with police officers and judicial officers from the State of Sikkim on “Common defects in Criminal Investigations’ and the ways and means in which criminal investigations can be made better.
by Bharat Chugh
- 15 things that you must do when you get a new case file/brief (Young Lawyer Diaries)
by Bharat Chugh
*Part of the ‘Letters to a Young Lawyer’ series. This series is inspired by my conversations with my brilliant younger colleagues at the Chambers. This is how it goes: Congratulations, you’ve got a brief! 1. Look at the brief admiringly! (But not for long lest people start suspecting your sanity!). Well, Congratulations – this brief […]
- Ryan School Murder Case: How to assess Bholu’s culpability? (Guest post by Sh.Rajesh Mohan, IPS)
by Bharat Chugh
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 […]
- Outsourcing ‘Feeling’ or “The Letter Writer” (Poetry Night)
by Bharat Chugh
Do you mind outsourcing to me- What you always wanted to say, But couldn’t find a way. Listen, I can write that letter for you, Make those passions renew. I’m really good at it, With that decent-sized wit; And not just it… I’m also good at saying things I don’t mean, I’m sure you […]
- PMLA – A (P)oem On the (M)oney (L)aundering (A)ct.
by Bharat Chugh
“It’s very genesis is illegal; it can’t be a Money Bill! This vitiates everything; a lacunae that you can’t fill!” This issue – we decide not to decide, Let’s look at the other issues, for a moment, keeping this aside. The law is amazing; it’s beautiful; truly one of its kind, The legislature was competent, […]
- Pre-Trials Powers of a Civil Court to expedite disposal of cases(Guest Post)
by Bharat Chugh
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 […]
- 10 things you must know about the new influencer endorsement guidelines issued by the CCPA
by Bharat Chugh
With great (social media) influence comes great responsibility. This is the essence of the new CCPA guidelines. Here: This is not a new development. ASCI had earlier come up with similar guidelines for influencers/celeb endorsers. However, the same were observed more in their breach than in compliance. This was because ASCI guidelines are only advisory/persuasive […]
- Law in 100 Words| Part 16 | Quashing of Criminal Proceedings on the basis of Settlement | Guest post by Sholab Arora
by Bharat Chugh
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, […]
- Law in 100 Words | Part 15 | Section 6 of the Specific Relief Act; Speedy recovery of possession (Guest Post)
by Bharat Chugh
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 […]
- Law in 100 Words | Part 14 | Calculating 60/90 days period for the purpose of Default/Compulsory Bail (S.167 CrPC)
by Bharat Chugh
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 few words on Re-examination of Witnesses | The Art of putting Humpty Dumpty back together again…
by Bharat Chugh
The purpose of re-examination is clear from the bare language of Section 138 of the Evidence Act. It reads: 138: Order of Examination – Witnesses shall be first examined-in chief then (if the adverse party so desires) cross-examined, then (if the party calling him so desires) re-examined. .. .. Direction of re-examination.—The re-examination shall be directed […]
- Some thoughts on the distinction between a mere breach of contract and offence of cheating.
by Bharat Chugh
The clear distinction between these two concepts is often ignored. Often deliberately – with a view to turn a patently civil dispute into a criminal case (to exert pressure, ease recovery, etc.). This is – no doubt – a very unfortunate tendency. (Over 70% of all cases pending at the trial court level are criminal […]
- A few words on The Art (and Science!) of Cross Examination and Trial Warfare.
by Bharat Chugh
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 […]
- Law in 100 Words | Part 13 | Judgment Writing #101 | How to write facts in a judgment (for aspiring trial court judges)
by Bharat Chugh
■Facts are key. A trial court is essentially a court of fact. ■At the High Court, all that a lawyer needs to do in order to get the leave to appeal is to demonstrate factual aspects not dealt-with in order get the leave granted in his/her favour. ■Good practice to read and internalize the whole file […]
- Law in 100 Words | Part 12 | Joinder of Charges/Accused – A Case Study.
by Bharat Chugh
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 […]
- Law in 100 Words | Part 11 | Some Bail Law related reforms.
by Bharat Chugh
Scope of bail hearing should be limited. It should be clarified that a Bail hearing is not a mini trial, and a statutory amendment should clarify so. Especially, given the conflicting judicial decisions on this point. Reconsideration of higher threshold for bail in cases under special criminal laws. Time-bound disposal of bail applications. Make it a […]
- Law in 100 Words | Part 10 | Section 313 of the CrPC | Guest Post by Adv. Sholab Arora
by Bharat Chugh
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 […]
Bharat Chugh 