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.

Plea for Default Bail can be made Orally

19 September 2023Posted inCriminal law
Default bail under Section 167(2) of the Criminal Procedures Code, 1973 (CrPC) can be granted to an accused based on an oral application alone, and no physical copy or written application is needed for seeking default bail, says High court of Kerala in a judgement in Akshay v State of Kerala [ 2023(1) KLT SN 44 (C No 38)].

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.

Subsequent Anticipatory Bail Plea in HC only

14 September 2023Posted inCriminal law
After the dismissal of anticipatory bail application by the High Court (HC), a petitioner cannot file a subsequent anticipatory bail application, pointing out changes in circumstances, before the Sessions Court (SC). This is what the High Court of Kerala directs in Bipin Sunny v State of Kerala [ 2023 (5) KHC 125].