Transfer of an Advocate to another State

31 October 2023Posted inArticles
Applicant shall apply for No Objection Certificate and copy of the State Roll from the State Bar Council where he has enrolled. After obtaining the above said No Objection Certificate and copy of the State Roll, applicant shall file an application before the Bar Council of India in Form C (under Section 18 of the Advocates Act) along with the D.D. for Rs. 2000/- (Rupees Two Thousand only) drawn in favour of ‘Bar Council of India’ payable at New Delhi.

Contradictions in Cross Examination u/s 145 IEA

30 October 2023Posted inCriminal law, Evidence law
The term contradiction, in criminal law, refers to the same witness making two contradicting statements in two different stages in a judicial proceeding. Such contradictions are of two kinds: direct contradictions and contradictions by omissions. Making some sort of alterations or improvements in the prior statement and subsequent statement by a witness can also be termed as contradiction by omission.

Stages of a Civil Suit in a Nutshell

23 October 2023Posted inCivil law
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 Art of Cross Examination

17 October 2023Posted inEvidence law
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.

Filing a Complaint Case: Its Procedures

15 October 2023Posted inCriminal law
A complaint case is a case filed before a Magistrate, orally or in writing, by a complainant alleging commission of an offence by a known or unknown person, with a view to taking an action by him, under Section 190 (1) (a) of the Criminal Procedure Code, 1973 (CrPC). A complaint is a statement of facts which constitutes an offence.

Accused should Get Copies of All Documents

15 October 2023Posted inCriminal law
When a criminal case is instituted against a person on a police report the accused has the right to get a copy each of the First Information Report (FIR), statements of witnesses recorded by the police, the police report and other records filed along with the police report. This is an obligation of the Magistrate under Section 207 of the Criminal Procedure Code, 1973 (CrPC).  

The Specific Relief Act, 1963 : An Overview

10 October 2023Posted inCivil law
The precise objective of the Specific Relief Act, 1963 (SRA) is to enable the party to get some special remedies or reliefs, other than the usual reliefs such as damages or compensation in monetary terms, which the contract act provides in breach of a contractual obligation by a party to it.

Advocates have no right to Boycott the Court

6 October 2023Posted inArticles
The Supreme Court (SC) says with unequivocal clarity that advocates have no right to strike and/or give a call for boycott of court proceedings. The Advocates have no right to abstain from appearing in court in cases in which they hold vakalat for the parties. It is a quite unprofessional practice for a lawyer.

Jurisdiction in Cheque Case u/s 138 of NI Act

19 September 2023Posted inNegotiable Instruments
The cognizance of the offence in a cheque dishonour case, under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) can be taken by a court not inferior to a First-Class Judicial Magistrate upon a complaint in writing by the payee or the holder in due course of the cheque, to be made within one month of the date on which the cause of action arises.