What Is The Law On 'Proxy' Counsel?

Proxy counsels, appearing on behalf of the filing counsel, often find themselves in an identity crisis, as the words "proxy counsel" find no mention in the Advocates Act, 1961. The Advocates Act or any of the Court Rules do not expressly authorize an advocate to represent a party without a duly executed vakaltnama. In 2014, a three-judge bench of the Supreme Court had in clear...

Explainer : Further Investigation, Re-investigation & Re-Trial

The police had the statutory right and duty to 'register' every information relating to the commission of a cognizable offence. The police also had the statutory right and duty to investigate the facts and circumstances of the case where the commission of a cognizable offence was suspected and to submit the report of such investigation to the Magistrate having jurisdiction to take cognizance...

What Are The SC Guidelines On Investigating Police Encounter Killings? [Read Guidelines]

The recent killings of four Maoists in Attappady forest in Kerala have become controversial amidst allegations that they were killed in an encounter staged by police.The relatives of two of the killed persons have moved the Sessions Court Palakkad alleging that the police did not follow the guidelines laid down by Supreme Court to investigate encounter killings.The Sessions Court on...

Is It Mandatory To Stand Up During The Playing Of National Anthem In Movie Halls?

A viral video trending in social media shows a group of persons in a movie hall in Bengaluru shouting at few persons who chose to remain seated during the playing of the national anthem before the movie screening."Not able to spare 52 seconds for the country, but you have the audacity to sit here and watch a three-hour movie? Are you Pakistani terrorists?" a man can be heard saying on video,...

Murder By Poisoning : Is Conviction Possible Even Without Detecting Poison In The Body Of The Deceased?

A discussion on a notable case which shows how conviction for murder by poisoning can be based solely on circumstantial evidence.

When Can A Criminal Court Order Re-trial? Explains Patna HC [Read Judgment]

Stating that the appellate courts were empowered to order re-trial in cases where the original trial had not been satisfactory and met out gross miscarriage of justice, the Patna High Court on Wednesday remitted a case involving death of the Appellant's deceased wife on account of burns, back to the trial court. Justice Aditya Kumar Trivedi said, "A court will set aside a judgment...

Foreign Awards In India : Recognition, Challenge And Enforcement

INTRODUCTION The legislation applicable for recognition and enforcement of an arbitral award in India is the Arbitration and Conciliation (Amendment) Act 2019[1]. India is a signatory to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958[2] and the Geneva Convention on the Execution of Foreign Arbitral Awards, 1927[3]. India has also entered into...

What is Meant By 'Moulding Of Relief'? Principle Explained

The Muslim parties in the Ayodhya-Babri Masjid title dispute case have urged the Supreme Court to 'mould the relief' in the case in such a fashion to reflect the 'constitutional values that this great nation espouses'. The Hindu parties individually submitted their notes on what alternate relief they sought, if the primary relief of title/ownership was not granted to them. This article...

Important Supreme Court Judgments On Insolvency & Bankruptcy Code

Insolvency and Bankruptcy Code was enacted in 2016. Though it received the assent of the President of India in May 2016, it came into force only in November-December 2016. Stated objective of the code is to consolidate and amend the laws relating to reorganization and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner for maximization of value...

Know The Law: Can A Non-Lawyer Appear For A Litigant In Courts?

Can a non-lawyer appear on behalf of a litigant in a court of law? Or Can a litigant engage a person who is not a lawyer to represent him/her before a court of law? This piece attempts to answer these queries.Statutory Scheme Section 30 of the Advocates Act gives statutory right to every advocate whose name is entered in the [State roll] the right to practise in all courts including...

Section 50 NDPS Act : Understanding The Jurisprudence Of Compliance

The High Court of Delhi in the case of Sumit Rai @ Subodh Rai v. State have recently reiterated the law laid down by the Apex Court in the case of Arif Khan v. State of Uttaranchal in regard with the section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter NDPS Act). The High Court have held that the presence of the Magistrate or a Gazetted Officer is...

Is A Wife Divorced By Husband On Ground Of Desertion Entitled To Maintenance ? SC Answers [Read Judgment]

"The husband cannot urge that he can divorce his wife on the ground that she has deserted him and then deny maintenance which should otherwise be payable to her on the ground that even after divorce she is not willing to live with him."