Death and Life- A Prologue Written by Supreme Court
Life and death as concepts have invited many a thinker, philosopher, writer and physician to define or describe them. Sometimes attempts have been made or efforts have been undertaken to…
Legislation by Incorporation- Explanation by Example
Legislation by incorporation is a common legislative device employed by the legislature, where the legislature for convenience of drafting incorporates provisions from an existing statute by reference to that statute…
The Status of Lawyer’s Relationship with Client
Lawyers are perceived to be their client’s agents. The law of agency may not strictly apply to the client – lawyer’s relationship as lawyers or agents, lawyers have certain authority…
Public Prosecutor and its Powers- A Brief Analysis
Section 2(u) of CrPC defines “Public Prosecutor”. It reads as follows:- “(u) “Public Prosecutor” means any person appointed under Section 24, and includes any person acting under the directions of…
Irrespective of whether the case is appealable or non-appealable the examination-in-chief has to be permitted in the form of affidavit
Order XVIII Rule 4 of the Civil Procedure Code provides for the mode of recording the evidence. The said provision reads as follows: “4. Recording of evidence.— (1) In every…
Developers shall be held accountable for default in payment of transit compensation: Bombay High Court
Bombay High Court Diary Introduction A division bench of Justice G.S. Patel & Justice Neela Gokhale was hearing a petition pertaining to the builder’s default in payment of transit compensation…
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…
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…
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…