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National Court of Appeal and Creation of Regional Benches: Does the Supreme Court Need to Undergo a Structural Re-configuration?
Introduction: In 2016, a PIL was filed before the Supreme Court, highlighting the need for a structural overhaul at the topmost level of the Indian judicial system. The petitioner sought a writ of mandamus directing the Government of India to take steps towards the establishment of a National Court of Appeal with regional benches in…
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Nata Vivah (Marriage) and Maintenance related issues under Section 125 CrPC
What is Nata Vivah According to this custom, in some tribes the woman (wife) can leave her husband and live with another man. This is called Nata. No formal rituals have to be done in this. There is only mutual consent. This practice is prevalent even today in many tribal communities in Rajasthan. This practice…
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Right to Lead Rebuttal Evidence – When and How this Right is Exercised
Introduction Order 18 of Code of Civil Procedure (CPC) deals with hearing of the suit and examination of witnesses. Order 18 R.1 deals with right to begin i.e. the plaintiff has right to begin unless the defendant admits the facts alleged by the plaintiff. Order 18 Rule 2 deals with statement and production of evidence…
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Defence Struck Off – What it really means and the procedure thereafter
Introduction The phrase “defence struck off” or “defence struck out” is not unknown in the sphere of law. Indeed it finds place in various provisions of Code of Civil Procedure (CPC) and other special and local laws. This blog tries to explain the term defence struck off in general without referring to any provision in…
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Whether accused is entitled to Default Bail when Charge Sheet/Challan couldn’t be filed in Statutory Time due to Restraint order of Superior Courts
The article focuses on a unique situation faced by the trial courts. It happens sometimes that Hon’ble High Court or Supreme Court through their orders stops investigation for the time being or direct investigation authorities not to submit challan/final report until further orders or direct the investigation conclusion report to be filed by a ranked…
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Whether a Non-Party to the Suit can get the Ex-Parte Decree Set Aside
Order 9[i] of the Code of Civil Procedure (CPC) deals with the appearance of parties and the consequences of non-appearance on the first hearing. Order 17, Rule 2[ii], lays down that the non-appearance of a party on an adjourned hearing may lead to similar consequences. An ex-parte decree is a decree passed in the absence…
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