An order passed by Judicial Magistrate under Section 156(3) of CrPC[i] directing investigation was set aside by the J&K High Court yesterday on the ground that Section 156(3) of CrPC can’t be used at Post-Cognizance Stage. The High Court went … Continue reading Scope of Section 156(3) CrPC Curtailed – Analyzing the Order of J&K High Court
This is the first part of a bi-partite blog series. Arrears of cases have always been a problem for Indian Judicial System. Something which is common and finds place in the list of arrears throughout the High Courts is Second … Continue reading Second Appeal in High Courts – The Never Ending Litigation (Part – I)
Introduction The standards regulating the acceptance of judgments handed down in foreign jurisdictions are one of the basic elements of the debate on private international law. In addition, the English courts have imposed international judgments since the 17th century. Although … Continue reading The Tug of War between Enforcement of Foreign Judgments and Supremacy of Domestic Laws: Critical Analysis of Section 13(f) of the Code of Civil Procedure, 1908
There are constant deliberations & conversations among the legal fraternity on how to increase procedural efficiency as far as the Code of Criminal Procedure, 1973 and criminal trials are concerned. Increasing procedural efficiency by finding and correcting loopholes in various … Continue reading Amending s.311A, Code of Criminal Procedure, 1973 – A way to increase procedural efficiency
The COVID-19 pandemic has bought with itself unprecedented challenges for the judiciary. This has made the task of striking a balance between upholding the rule of law and preserving basic human rights, tougher than ever before. Bail is the principal … Continue reading Why The Supreme Court’s Order On Extension Of Limitation Should Not Apply To “Default Bail” Under Section 167 (2) Cr.P.C.
Introduction A writ petition under Article 226 of the Constitution was designed as an instrument to invoke the original jurisdiction of the High Courts in case of violation of fundamental rights. Under the Article, the High Courts can issue writs … Continue reading Can Article 226 be Used to Call Upon a Civil Court?: Clearing the Confusion around Articles 226, 227 and Section 115 of CPC