Lawwatch

Will: Its legal aspects in a nutshell

Introduction

Law relating to Will is a difficult and complicated branch of law. It is mainly because Will comes into effect only after the death of the person making it and it is many a time drafted by someone with little knowledge of law and command over the language. Both of these factors altogether make it necessary for another person or the court to interpret the intention of its maker.

Even Wills of some eminent judges have come in to dispute before the court for want of clarity and legal perfection in them. Therefore accurate understanding of the law of the Will is necessary to make it foolproof or nearly perfect and insulate it from misinterpretation when it is put into operation at a time the maker no longer exists to clarify what he had indented to.

Tips on preparing Written Arguments

A civil case essentially is all about claim of some legal right by one party and the denial of it by the other party, resulting in a judgement by a dispassionate judge functioning as an arbiter or umpire.

In a criminal case, the prosecution charges the accused guilty of some criminal offence punishable under the penal law and the accused defends the charges, ending up in a judgement of either conviction or acquittal.

Proving Electronic Evidence in the Court

Introduction

Electronic and information technologies have been making unprecedented inroads into the way we live in and the way we carry out our transactions in every sphere. This phenomenon in turn makes revolutionary changes in the way evidence is brought before and considered by the court.

The Indian Evidence Act, 1872 crafted for a quite different technological age remains inadequate in dealing with the emerging scenario. However the courts are making every effort in interpreting the inadequate legal provisions in a purposeful manner so as to employ technological advancements in making investigation and prosecution of cases effectve.

Stages of a Civil Suit in a nutshell

Introduction

Every suit shall be instituted by presenting a plaint in duplicate to the court which has jurisdiction to try the suit and is the lowest in grade competent to try it.

The detailed rules, governing the presentation of a plaint, are included in Order VI and VII of the Civil Procedure Code, 1973 (CPC).

The particulars of every suit need to be entered in a Register of Civil Suit by the court when it is admitted.

Filing of Written Statement after 90 Days

Provision on filing written statement

As per the provisions of Order VIII Rule 1 of the Code of Civil Procedure, 1908 (CPC), the defendant is obligated to present a written statement of his defence within 30 days from the date of service of summons. The proviso to the rule enables the Court to extend the period for filing the written statement up to 90 days for sufficient reasons that should be recorded.

That means ordinarily the defendant is required to file the written statement of his defence within a period of 30 days. However, for sufficient reasons that should be recorded in writing, the court can allow filing of the written statement within a maximum period of 90 days.

Framing of Issues in a Civil Suit

What the term issue means

The term “issue” in a civil case means a disputed question relating to rival contentions in a suit. It is the focal point of disagreement, argument or decision. It is the point on which a case itself is decided in favour of one side or the other, by the court.

The court cannot frame any issues in a court case when no dispute exists between the parties.

For example, a plaintiff says the defendant borrowed Rs 10 lakh from him. The defendant denies it. It is an affirmation by one party and denial by the other. Then there arises a distinct dispute and that dispute is termed an “issue”. The court can then frame issues based on the facts of the case and proceed with it.

Art & Craft of Effective Cross-Examination

What the cross examination is

Cross examination is the examination of a witness in a legal proceeding by the adverse party.

It takes place after examination-in-chief: the examination of a witness by the party who calls him. Cross examination is followed by re-examination: the examination of the witness subsequent to the cross examination by the party who called him. The section 137 of the Indian Evidence Act, 1872 (IEA) defines these terms.

The Chapter X (Section 135 to 166) of the IEA deals with legal provisions relating to examination of witnesses. But the examination of witness is much more than what the law speaks of, in terms of skills needed, quality ensured and the outcome it brings out in the process. This write up is exclusively on cross examination.

Don’t confuse cross examination with a deposition of witness. Deposition is to find out information but cross examination is to ascertain the truth of the facts in question.

The Professional Standards an Advocate should Keep

The advocate’s profession is an esteemed one which seeks to promote dispensation of justice. An advocate in India has to submit to some written and unwritten code of conduct and ethical regulations so long as he remains in his profession.

Wrongful Prosecution: The Remedies Proposed

Introduction

Wrongful prosecution of innocent persons including prolonged incarceration of them has become quite a common practice nowadays. In general, the term wrongful prosecution includes every act intended to commit a person to confinement or trial contrary to what the law prescribes.