Civil Procedure Code. Using interrogatories effectively to aid cross-examination

Ajay J Nandalike, Advocate, Bangalore In the aftermath of COVID-19, courts and arbitrations are beginning to adopt virtual hearings as a means of justice dispensation. There is some debate about conducting cross-examination online. A view that is possible is that cross-examination can be conducted online, however, someone from the other side is physically present in …

“A tribute to fifteen outstanding women who shaped the Indian Constitution and homage & honor to the legacy of the architects of the Indian Republic” – Justice B.V. Nagarathna.

Speaking on the occasion of Constitution Day organised by the High Court of Karnataka and Karnataka State Legal Services Authority in association with Karnataka State Bar Council and Advocates’ Association, Bengaluru, Justice B.V. Nagarathna, Judge, High Court of Karnataka through the speech, paid tribute to fifteen outstanding women who shaped the Indian Constitution and homage …

“The Constitution Day acts as a strong reminder to all those who are concerned with the judiciary to ensure that, we make all possible efforts to uphold the rights conferred on the citizens, under the Constitution of India.” Chief Justice, Karnataka High Court.

Speaking on the occasion of Constitution Day organised by the High Court of Karnataka and Karnataka State Legal Services Authority in association with Karnataka State Bar Council and Advocates’ Association, Bengaluru, Justice Abhay Shreeniwas Oka, Chief Justice of Karnataka and Patron-in-Chief, Karnataka State Legal Services Authority highlighted the duty of all those who are concerned …

Hindu Marriage Act. Section 13B. It is permissible for the parties to be represented by their partners or siblings, as GPA holders, seeking dissolution of marriage by a decree of divorce by mutual consent subject to the satisfaction of the court. Karnataka High Court.

Aditya Jagannath and another vs NIL . M.F.A.No.4453/2020 (FC) decided on 10 November 2020. Judgment Link: https://karnatakajudiciary.kar.nic.in/noticeBoard/MFA-4453-2020.pdf HELD: 26. Permission is granted to the second appellant to be represented through her Power of Attorney holder, who is none other than her father on the strength of the Special Power of Attorney executed by her. Relevant …

Motor Vehicle Act. Fraudulent implanting of insured vehicles. Tribunal is not bound by charge-sheet filed in criminal cases. Tribunal has to decide based on evidence when prima facie fraud is alleged. Karnataka High Court.

Mahadevi and others vs Shivaputra and another. Miscellaneous First Appeal 201689/2016 (MV) decided on 20 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/349819/1/MFA201689-16-20-11-2020.pdf The Karnataka High Court has expressed deep concern and anguish over the increasing cases where insured vehicles are implanted just to get compensation. In many vehicular accidents, the actual vehicle that caused accident lacks insurance …

Constitution of India. Article 226. Alternative remedy is only a self-imposed restraint and not a bar especially when the State act smacks of arbitrariness and legal malice. Law on the point discussed. Bombay High Court.

Kangana Ranaut vs Municipal Corporation of Greater) Mumbai and others. Writ Petition (ST) 3011/2020 decided on 27 November 2020. Judgment Relevant Paragraphs: 18.5 Note: Typed extracts will be shared later. Compiled by S. Basavaraj, Advocate, Bangalore.

Code of Criminal Procedure. Section 438. Grant of transit bail. Principles discussed. Karnataka High Court.

Priya Mukharjee vs State of Karnataka and others. Criminal Petition 6956/2020 decided on 25 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/349929/1/CRLP6956-20-25-11-2020.pdf Compiled by S. Basavaraj, Advocate, Daksha Legal.

Motor Vehicle Act. Claims for compensation. Karnataka High Court expresses anguish over increasing instances of fraudulent/collusive implanting of motor vehicles duly covered by insurance.

Mahadevi and others vs Shivaputra and another. Miscellaneous First Appeal 201689/2016 (MV) decided on 20 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/349819/1/MFA201689-16-20-11-2020.pdf Relevant paragraphs: 11. …..the vehicle itself was seized on the helpful production of the same by respondent 1, who is none other than the younger brother of deceased on 10.07.2013, a good 103 days after …

Indian Penal Code. Sections 107 & 306. The sections are attracted only when the accused, by his acts and by his continuous course of conduct, creates a situation which leads the deceased perceiving no other option except to commit suicide. Supreme Court.

Ude Singh and others vs State of Haryana. Criminal Appeal 233/2020 decided on 25 July 2019. Judgment Link: https://main.sci.gov.in/supremecourt/2008/17549/17549_2008_9_1501_15279_Judgement_25-Jul-2019.pdf Relevant paragraphs: 15. Thus, “abetment” involves a mental process of instigating a person in doing something. A person abets the doing of a thing when: (i) he instigates any person to do that thing; or (ii) …

“Human Liberty and the Role of Courts. The writ of liberty runs through the fabric of the Constitution. There is a a pressing need for courts across the judicial hierarchy in India to remedy the institutional problem of bail applications not being heard and disposed of with expedition” -Supreme Court

Arnab Manoranjan Goswami vs The State of Maharashtra & Ors. Criminal Appeal 742/2020 decided on 27 November 2020. Judgment Link: https://main.sci.gov.in/supremecourt/2020/24646/24646_2020_33_1501_24858_Judgement_27-Nov-2020.pdf Relevant paragraphs: JHuman liberty and the role of Courts. Para 60. Human liberty is a precious constitutional value, which is undoubtedly subject to regulation by validly enacted legislation. As such, the citizen is subject to …