A quick visit to diverse issues involved in 138 matters

Please find updated contents at:

https://www.litigationplatform.com/Judgment/Index/c007d31c-cfe0-4ae2-ad98-e42f70dadd0c

https://www.litigationplatform.com/Judgment/Index/6f052b00-f496-4f97-9159-82f4801da8df

Comments

what if the cheque has been forcefully taken from the person in the police station knowing that the person is umemployed. will still this case stand for cheque bouncing.

June 14, 2013 at 9:26 PM

Sandeep Jalan said…

It will not survive, but then this fact must be reasonably proved during trial....

June 16, 2013 at 8:00 AM

Leading Evidence during trial

1. In case where the accused refused to plead guilty of the offence to which he is charged with, and claims to be tried, the Court calls upon the Prosecution / Complainant to lead all the evidences he has in support of his case. 2. In criminal trial, the evidence are required to be led by the complainant and / or their witnesses by stepping into the witness box and illustrating / demonstrating to what they have witnessed. The Complainant is to examine before the Court, himself, and all other witnesses, who are “witness” to the crime, which is alleged to have been committed by the accused named in the complaint. This examination of himself and other prosecution witnesses is called “Examination – in – Chief. 3. Giving evidence of facts is critical to any trial, be it civil trial or criminal trial. And therefore, it becomes imperative to understand the dynamics of evidence in legal sens...

The Recall Jurisdiction of the Courts

What is Recall of Orders of the Court ? But first….what is expected from the Orders of the Court – a) While giving due consideration to the submissions and evidences on record of the rival parties, to record a reasoned finding with respect to disputed question of fact or of law; b) Employing cogent reasons about the conclusion reached in the order / judgment. c) Passing of orders in accordance with law. d) Principles of natural justice are reasonably observed in the judicial proceeding. And when the Orders suffers from any of the vices, it is challenged by way of Review, Appeal or in Revision, alleging the impugned Order, being infected with either of the grounds, i.e. – a) That there is Error apparent on the face of the Record; b) That there is Perversity in the impugned Order; c)...

Form II under Rule 6 of Rules, 2006, framed under the impugned Act

Impugned Provision / other anomaly Breach of Section / Article FORM II [See Rule 6(1)] Application to the Magistrate under Section 12 of the impugned Act Section 3 – Explanation II; Section 18, 19, 20, 22 and 23 of the impugned Act. Principles of natural justice. FORM II [See Rule 6(1)] Application to the Magistrate under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005) To The Court of Magistrate .................................... .................................... .................................... .................................... Application under section ........................ of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005) SHOWETH: That the application under section.................of Protection of Women from Domestic Violence Act, 2005 is b...

Common Law

Search This Blog