The System of PIL: An Overview
On May 12, 2022, the Allahabad High Court dismissed a plea seeking the opening of 22 locked rooms of Taj Mahal, based on a petition that was filed by Rajneesh…
Ex Parte Suit- Proceeding Explained
Order IX Rule 6 (1)(a) lays down the procedure where after due service of summons, the defendant does not appear when the suit is called on for hearing. In that…
One who hears must decide the case- Rule 15 of Order 18 of CPC
The hearing of a suit begins on production of evidence by the parties and suit gets culminated on pronouncement of the judgment. Order XVIII Under Order XVIII Rule 1 of…
Exemption of attendance of an accused
Kerala High Court Diary The general rule in criminal cases is that all inquiries and trials should be conducted in the presence of the accused, the principle underlying being that…
Confession- Explained
Confession- History Confession always brings back Harrision’s Case (1783) 1 Leache’s CC 264, where a woman and her two sons were executed for the murder of Harrision, who sometime afterwards…
Classes of Criminal Courts and their Powers
S. 2(g) of the Code defines the expression ‘inquiry‘ as meaning “every inquiry, other than a trial, conducted under this Code by a Magistrate or Court.” Chapter II of the…
Exemption of attendance from Trial Proceeding- Court’s Discretion
Kerala High Court Diary The general rule in criminal cases is that all inquiries and trials should be conducted in the presence of the accused, the principle underlying being that…
Does a judge have jurisdiction to pass an order when he is working in the commission of enquiry?
The question was raised in the case of ‘Alok Kumar Roy v. Dr. S.N. Sarma, (1967)’. An appeal was preferred before Supreme Court by special leave and it was urged…
If the judges say in their judgment that something was done, said or admitted before them, it can’t be contradicted before upper court by Pleaders
This was the case of former Chief Minister of A.R. Antulay, who was the Chief Ministers of Maharashtra till 12 Jan, 1982. While he was yet holding the office of…
Forma Pauperis: Suits by Indigent Persons- Explained
Order 33 of the Code of Civil Procedure deals with suits by indigent persons whereas Order 44 thereof deals with appeals by indigent persons. Order 33 Order 33 Rule 1…