Evidence – Cross Examination
where there is a lis to be adjudicated upon, Cross-examination is a powerful weapon for showing the untruthfulness of an...
Perjury – Preliminary inquiry
Under the aforesaid provisions of the 1973 Code, the Court is required to make a preliminary inquiry and come to a...
Perjury
Section 195 (3) of Cr. P.C. referred above shows that the term “Court” used in the Section includes the Tribunal...
Perjury
Perjury has also become a way of life in the law courts. A trial Judge knows that the witness is...
Citing overruled judgments – Duty on Advocates to double check and verify position of law and facts of the case before making any presentation to the Court.
Para 14: When an advocate makes statement before the Court, it is assumed that it is made in his capacity...
Frivolous Litigation – Clever drafting
Para 5: … if clever drafting has created the illusion of a cause of action, nip it in the bud at...
Practice and Procedure – Frivolous Litigation – wrongdoers should not get benefit out of frivolous litigation.
Para 277: Imposition of heavy costs is the only medium to send a glaring message to restrict the unscrupulous and...
Practice and Procedure – Timelines
In Russ ell on Arbitration, 22nd Edn. the law is stated thus: “5-057. Managing the hearing.—Similarly, a Tribunal cannot be expected to...
Practice and Procedure – Reasonable Opportunity of hearing – Adjournment
CPC Order 17 Rule 1 For constituting a reasonable opportunity, the following conditions are required to be observed: 1. Each...
Adjournment – Order 17 – Justifiable cause
CPC Order 17 Rule 1 Para 6: It appears, the respondent had complete idea what the trial Court would do...
Adjournment – Order 17 does not forbid grant of adjournment where the circumstances are beyond the control of the party.
CPC Order 17 Rule 1 30: While examining the scope of the proviso to Order 17 Rule 1(1) that more...
Adjournment – On costs
CPC Order 17 Rule 1 The rule thus indicates that protraction of trial...
Adjournment – fair trial
Para 12: … The Court is supposed to work and dispense justice whether advocates appear for the assistance of litigants or not. …...
Adjournment – Non presence of counsel.
Para 1: Mr. R.K. Ojha, learned counsel appears on behalf of the counsel for the appellants and submits that the...
Adjournment – Convenience of counsel must subserve the larger interest of the administration of justice.
a litigant is not entitled to choose the personnel of the Court to hear his case, nor can he insist upon...