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Showing posts from March, 2023

contempt of courts

 https://www.scconline.com/blog/post/2023/02/17/cognizance-of-criminal-contempt-by-single-judge-of-a-high-court-under-the-contempt-of-courts-act-1971-in-absence-of-any-rules-framed-by-the-high-court-permissibility/ Some of the High Courts including the Delhi High Court have not framed any rules under Section 23 of the Act10 laying down the procedure for taking notice, cognizance, hearing, and determination of the criminal contempt proceedings. In light of Section 18 of the Act, the High Courts in India have taken divergent views on whether a Single Judge of the High Court is barred from taking cognizance of criminal contempt under Section 15 of the Act or not. https://www.scconline.com/blog/post/2023/02/17/cognizance-of-criminal-contempt-by-single-judge-of-a-high-court-under-the-contempt-of-courts-act-1971-in-absence-of-any-rules-framed-by-the-high-court-permissibility/   https://indiankanoon.org/doc/193567322/  (Delhi high court finally) Landmark decision on backing out ...

Appealing family court orders

You can't appeal interlocutory order passed by family court u/s 19 of family courts act. Family court  act overrides 115 revision under cpc and 397(2) under crpc. 397(2) anyway bars revision of interim orders. Chattisgarh High Court Anil Mishra vs Sakshi Mishra on 22 February, 2017  https://indiankanoon.org/doc/39811957/ suggests using Art 226 and 227 of constitution against interim orders of family court. https://indiankanoon.org/doc/75106629/

Transfer petition

 https://www.casemine.com/search/in/transfer%2Bpetition%2B406%2Bcrpc https://www.aaptaxlaw.com/Legal-Formats/transfer-petition-under-section-406-of-crpc-format-to-file-in-supreme-court-of-india.html This is the precedent of Transfer Petitioner (Criminal) before the Supreme Court of India for transfer of a Criminal Case/Complaint from the Court of one State to the Court of another State under the provision of Section 406 of the Criminal Procedure Code, 1973 read with Order XXXIX Rule 1 of the Supreme Court Rules, 2013.

[DRAFT] Objections during cross examination

 Taken from Shonee kapoor website below content:  https://www.shoneekapoor.com/cross-examination/  The subject of  cross-examination  is one of vital importance in the conduct of law cases because only it has the power to sift the truth from falsehood. According to Section 137 of the Indian Evidence Act, the examination of a witness by the adverse party shall be called his cross-examination. Section 138 of Indian Evidence Act provides for the Order of examination. It states that the witness must first be examined in-chief, then the opposite party cross-examines him and if the party calling him so desires, may re-examine. Section 146 of the said act enables the cross-examiner to put certain questions in additions to the questions based on the relevant facts of the case. This section gives wide powers to the cross-examiner beyond the facts in issue. The main aim of cross-examination is to find out the truth and detection of falsehood in human testimony. It is desi...