National Court of Appeal and Creation of Regional Benches: Does the Supreme Court Need to Undergo a Structural Re-configuration?
The Law Blog
by The Law Blog
10M ago
Introduction: In 2016, a PIL was filed before the Supreme Court, highlighting the need for a structural overhaul at the topmost level of the Indian judicial system. The petitioner sought a writ of mandamus directing the Government of India to take steps towards the establishment of a National Court of Appeal with regional benches in certain parts of the country. The Supreme Court acknowledged that the volume of cases that it has been dealing with has increased substantially over a period of time and that the current Judge strength in the Court is not sufficient to handle this influx of cases ..read more
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Nata Vivah (Marriage) and Maintenance related issues under Section 125 CrPC
The Law Blog
by The Law Blog
1y ago
What is Nata Vivah According to this custom, in some tribes the woman (wife) can leave her husband and live with another man. This is called Nata. No formal rituals have to be done in this. There is only mutual consent. This practice is prevalent even today in many tribal communities in Rajasthan. This practice is quite similar to the live-in relationship of the modern society. It is said that Nata Pratha was created to give recognition to widows and abandoned women to lead a social life, which is still believed today. Under this system, no formal marriage ceremony is required to live together ..read more
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Right to Lead Rebuttal Evidence – When and How this Right is Exercised
The Law Blog
by The Law Blog
1y ago
Introduction Order 18 of Code of Civil Procedure (CPC) deals with hearing of the suit and examination of witnesses. Order 18 R.1 deals with right to begin i.e. the plaintiff has right to begin unless the defendant admits the facts alleged by the plaintiff. Order 18 Rule 2 deals with statement and production of evidence i.e. on the date fixed for hearing of the suit, a party having the right to begin is to state his case and to produce his evidence in support of the issues which he is bound to produce. It is thereafter that the other party is to state his case and produce his evidence. Under Or ..read more
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Defence Struck Off – What it really means and the procedure thereafter
The Law Blog
by The Law Blog
1y ago
Introduction The phrase “defence struck off” or “defence struck out” is not unknown in the sphere of law. Indeed it finds place in various provisions of Code of Civil Procedure (CPC) and other special and local laws. This blog tries to explain the term defence struck off in general without referring to any provision in particular and other related concepts like when it is done, what are the steps that the defendant can still do at trial and what is the procedure thereafter. When a defence is struck off in the circumstances mentioned in CPC or any other law, it means that the defendant be place ..read more
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Whether accused is entitled to Default Bail when Charge Sheet/Challan couldn’t be filed in Statutory Time due to Restraint order of Superior Courts
The Law Blog
by The Law Blog
1y ago
The article focuses on a unique situation faced by the trial courts. It happens sometimes that Hon’ble High Court or Supreme Court through their orders stops investigation for the time being or direct investigation authorities not to submit challan/final report until further orders or direct the investigation conclusion report to be filed by a ranked officer. Meanwhile the statutory period provided under Section 167 CrPC[i] comes to an end and accused who is in custody applies for releasing on default bail before the trial court. So the question that arises is whether accused is entitled to be ..read more
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Whether a Non-Party to the Suit can get the Ex-Parte Decree Set Aside
The Law Blog
by The Law Blog
1y ago
Order 9[i] of the Code of Civil Procedure (CPC) deals with the appearance of parties and the consequences of non-appearance on the first hearing. Order 17, Rule 2[ii], lays down that the non-appearance of a party on an adjourned hearing may lead to similar consequences. An ex-parte decree is a decree passed in the absence of the defendant (in absenti). Where the plaintiff appears and the defendant does not appear when the suit is called out for hearing and if the summons is duly served, the court may hear the suit ex-parte and pass a decree against him. Such a decree is neither null and void n ..read more
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Whether Section 80 CPC Notice Required when Court Suo Motu adds/impleads Government as Party to the Suit?
The Law Blog
by The Law Blog
1y ago
Introduction As is well known, Section 80 Civil Procedure Code[i], lays down that no suit shall be instituted against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, without the expiration of two months next after notice in writing. The section falls into two parts, viz., suit against the Government or suit against a public officer in respect of any act purporting to be done by such officer in his official capacity. Obviously, in first case it is essential to give notice and in second case if the act comp ..read more
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Appointment of Commission for Scientific Investigation in Civil Cases- When, How and its Probative Value (Part-II)
The Law Blog
by The Law Blog
1y ago
This is the second part of the bi-partite article series. In the previous part, I discussed about the appointment of Advocate commissioner under Order 26 R 10A, the functions usually carried out by the commission, disputes as to handwriting and verification process of such documents. The last heading dealt with in previous part was appointment of advocate commissioner when expert is not able to verify the documents in the court premises. Moving further in this line the next question comes before us is that instead of directly sending the document to the FSL, why advocate commissioner has to be ..read more
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Navigating the murky waters – SC redefining the scope of mens rea in insider trading cases
The Law Blog
by The Law Blog
1y ago
With regard to India’s Insider Trading regime, it is governed by the SEBI (Prohibition of Insider Trading) Regulations, 2015 [superseded SEBI (Prohibition of Insider Trading) Regulations, 1992]. Owing to the difficulties faced by the regulator (SEBI) in identifying the instance of insider trading and the same being totally based on circumstantial evidence, the investigation of insider trading cases is a time-consuming process such that some cases took years to complete investigation. As a result, the culpability of the uncompleted investigations (before 2015) shall be determined from the lens ..read more
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Appointment of Commission for Scientific Investigation in Civil Cases- When, How and its Probative Value (Part-I)
The Law Blog
by The Law Blog
1y ago
This is the first part of a bi-partite article series. Introduction Appointment of commission is a daily thing in the civil courts, the most usual being appointment for local inspection, to get a report of the disputed spot. Out of the purposes for which commissioner can be appointed the most technical and tricky in terms of appointment, its procedure and the value of its report is the commissioner appointed to carry out scientific investigation. So this article will try to focus upon these aspects in detail. Rule 10A of Order 26 CPC (Code of Civil Procedure)[i] provides for commission for sci ..read more
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