Application for Day-to-Day Trial – Format, Procedure & Sample Draft

Posted on July 8 by Suprajaa Rajan

A practical legal remedy to request the court to conduct continuous day-to-day hearings for the expeditious disposal of a criminal case.

Delay in criminal trials often results in prolonged litigation, increased costs, fading witness memory, and unnecessary hardship to both the accused and the complainant. Recognising the importance of a speedy trial as an integral part of Article 21 of the Constitution of India, courts have repeatedly emphasized that criminal proceedings should be concluded without avoidable adjournments.

An Application for Day-to-Day Trial requests the court to hear the matter on consecutive working days until the recording of evidence or the trial is completed. Such applications are particularly useful where the matter has been pending for several years, witnesses are repeatedly attending court, or the case requires urgent disposal.

This article explains the legal framework, grounds for seeking day-to-day trial, drafting strategy, and provides a ready-to-use sample format with copy-to-clipboard functionality.

I. Legal Framework

The principle of day-to-day trial is recognised under the following provisions:

Under the Code of Criminal Procedure, 1973

Section 309 CrPC – Power to postpone or adjourn proceedings; mandates that examination of witnesses should ordinarily continue from day to day until all witnesses in attendance have been examined.

Corresponding Provision under BNSS, 2023

Section 346 BNSS – Power to postpone or adjourn proceedings; retains the principle that evidence should ordinarily be recorded on a day-to-day basis.

Additionally, the right to a speedy trial forms part of Article 21 of the Constitution of India, as interpreted by the Supreme Court.

II. What is an Application for Day-to-Day Trial?

An Application for Day-to-Day Trial is a formal request made before the trial court seeking continuous hearing of the case without unnecessary adjournments.

The applicant requests the court to:

Fix consecutive hearing dates.
Record witness evidence without interruption.
Minimise unnecessary delays.
Ensure expeditious completion of the trial.

The application seeks procedural efficiency, not preferential treatment.

III. When Should This Application Be Filed?

This application may be filed when:

The trial has remained pending for several years.
Frequent adjournments are delaying proceedings.
Witnesses are repeatedly attending court without examination.
The accused is suffering prejudice due to delay.
The complainant seeks early adjudication.
Senior citizens, women, or vulnerable witnesses are involved.
Documentary and oral evidence is ready for recording.

Therefore, it is most effective once the matter reaches the evidence stage.

IV. Why is This Application Important?

Filing this application helps to:

Protect the constitutional right to a speedy trial.
Reduce unnecessary adjournments.
Prevent witnesses from turning hostile due to prolonged delay.
Lower litigation costs.
Improve judicial efficiency.
Facilitate early disposal of the case.

Thus, it benefits both parties as well as the administration of justice.

V. Factors Considered by the Court

While deciding the application, the court may consider:

Age of the case.
Stage of the trial.
Number of remaining witnesses.
Reasons for previous adjournments.
Availability of parties and advocates.
Nature and complexity of the case.
Court’s existing docket.

The court ultimately exercises its discretion while balancing fairness and judicial convenience.

VI. Essential Elements of the Application

Before drafting, ensure the application includes:

Name of the court.
Case number.
Stage of the proceedings.
Brief history of delays.
Grounds seeking day-to-day trial.
Reference to Section 309 CrPC (Section 346 BNSS).
Prayer for continuous hearing.

A concise and well-supported application is more likely to receive favourable consideration.

VII. Drafting Strategy

While preparing the application:

Mention the period for which the matter has remained pending.
Avoid blaming the opposite party unless supported by the record.
Highlight prejudice caused by delay.
Cite the statutory requirement for day-to-day evidence.
Emphasise readiness to proceed without seeking unnecessary adjournments.

A practical and balanced approach strengthens the application.

VIII. Sample Draft Format – Application for Day-to-Day Trial

Sample Draft – Application for Day-to-Day Trial

IN THE COURT OF THE HON’BLE [COURT NAME]
AT [PLACE]
Case No. ________
State / Complainant
…Applicant
Versus
[Name of Accused]
…Respondent/Accused
APPLICATION UNDER SECTION 309 CrPC
(SECTION 346 BNSS)
SEEKING DAY-TO-DAY TRIAL
The Applicant most respectfully submits:
1. That the above-mentioned criminal case is presently pending before this Hon’ble Court and is fixed for recording of evidence.
2. That the matter has remained pending for a considerable period and repeated adjournments have delayed the progress of the trial.
3. That further delay is likely to prejudice the rights of the parties and may adversely affect the quality of evidence.
4. That Section 309 of the Code of Criminal Procedure, 1973 (Section 346 of the Bharatiya Nagarik Suraksha Sanhita, 2023) provides that the examination of witnesses should ordinarily continue from day to day until all witnesses in attendance have been examined.
5. That the Applicant is ready to proceed with the trial and undertakes not to seek unnecessary adjournments.
6. It is therefore in the interest of justice that this Hon’ble Court may kindly direct that the matter be taken up on a day-to-day basis until completion of evidence.
PRAYER
It is therefore most respectfully prayed that this Hon’ble Court may be pleased to conduct the trial on a day-to-day basis in accordance with Section 309 CrPC (Section 346 BNSS) and pass such other order as deemed fit in the interest of justice.

Place: _______
Date: _______

Counsel for the Applicant

IX. Common Mistakes to Avoid

Avoid:

Filing the application at an inappropriate stage of the proceedings.
Seeking day-to-day trial while frequently requesting adjournments yourself.
Making unsupported allegations against the opposite party.
Failing to mention the prejudice caused by delay.
Ignoring the court’s existing schedule and workload.

Instead, present a balanced request demonstrating readiness to proceed and commitment to an expeditious trial.

Conclusion

An Application for Day-to-Day Trial is an effective procedural tool to secure the constitutional guarantee of a speedy trial. When filed with genuine reasons and at the appropriate stage, it assists the court in minimizing delays, preserving the quality of evidence, and ensuring timely justice for all parties.

Index of Legal Templates and Drafting is here.

Legal

Disclaimer

These templates are provided for educational and informational purposes. Every case depends on specific facts and procedural posture. Professional legal advice should be obtained before filing any application.

Post Views: 64

Pooja Ramesh Singh Vs JnK Bank and Anr on 02 Jul 2026

Posted on July 8 by ShadesOfKnife

A division bench of Apex Court was surprised to know that fake judgments mentioned in NCLT Judgment were not caught by NCLAT.

From Paras 15 and 16,

15. It is not in dispute that the judgments relied upon by the NCLT are non-existent, and some AI-generated paragraphs are wrongly attributed to genuine citations. An independent examination undertaken by us reveals the following about the judgments relied upon by the adjudicating authority: State Bank of India v. M/s Shree Ram Urban Infrastructure Ltd., 2020 SCC OnLine SC 341 (cited in para 44 of NCLT judgment) – Wrong citation of an existing reported judgment6 and a non-existent paragraph, Everest Kento Cylinders Ltd. v. Union of India (2015) 2 SCC 1 (cited in para 45 of NCLT judgment) – Correct citation but nonexistent paragraph, ICICI Bank Ltd. v. Urban Infrastructure Real Estate Ltd., (2019) 16 SCC 528 (cited in para 47 of NCLT judgment) – Nonexistent citation, V.S. Dempo & Co. Ltd. v. Reliance Communications Ltd., (2021) 10 SCC 176 (cited in para 49 of NCLT judgment) – Nonexistent citation, Canara Bank v. N.G. Subbaraya Setty & Anr., (2018) 16 SCC 228 (cited in para 51 of NCLT judgment) – Correct citation but non-existent paragraph and Sarbjit Singh v. Union Bank of India, (2022) 7 SCC 464 (cited in para 53 of NCLT judgment) – Non-existent citation.
16. Respondent No. 1 has filed an affidavit indicating that the alleged judgments relied on by NCLT were not cited by its counsel at the bar. The affidavit also indicates that the so-called precedents relied on by the adjudicating authority were obtained through its own research. What about the Appellate Tribunal? The fake, non-existent judgments escaped scrutiny by the first statutory appellate tribunal. Today’s courts and tribunals implicitly trust lawyers when referring to precedents cited before them. Imagine the hardship of a situation in which the Court must verify the authenticity of each judgment cited by an advocate.

Pooja Ramesh Singh Vs JnK Bank and Anr on 02 Jul 2026

Citations:

Other Sources:

Index

Post Views: 41

A.S.S.K.Durga Prasad Vs NCDRC and Ors on 24 Jun 2026

Posted on July 7 by ShadesOfKnife

A division bench of AP High Court held that Advocate services do not come under the ambit of Consumer Protection Act and as such litigation against such services is not maintainable.

From Para 4,

4. Learned Counsel for the petitioner could not satisfy about the maintainability of the complaint against an advocate for alleged deficiency in rendering legal services, under the Consumer Protection Act.
5. The law is well settled that an Advocate/lawyer in connection with the service rendered by him in legal side is not covered under the Consumer Protection Act.

Finally from Paras 9 and 10,

9. In Bar of Indian Lawyers (supra) the National Consumer Disputes Redressal Commission had taken a view that the deficiency of, in service rendered by an advocate fell under the Consumer Protection Act and that the compliant was maintainable. The Hon‘ble Apex Court held that the view taken was not correct and set aside the order of National Consumer Dispute Redressal Commission. It was held as under:
―82. Accordingly, the view taken by the NCDRC to the effect that in respect of deficiency in service rendered by the lawyers, a complaint in Consumer
Protection Act, 1986 would be maintainable, is incorrect and stands overruled.
10. In view of the aforesaid, we are of view that the complaint filed by the writ petitioner against the lawyer/advocate under the Consumer Protection Act was not maintainable. The same has rightly been dismissed. No interference is required with all the three orders impugned in the writ petition.

A.S.S.K.Durga Prasad Vs NCDRC and Ors on 24 Jun 2026

Citations:

Other Sources:

Index

Post Views: 55

Application for Permanent Exemption from Appearance – Format, Procedure & Sample Draft

Posted on July 7 by Suprajaa Rajan

A practical legal remedy to seek permanent exemption from personal appearance before the criminal court while allowing the case to proceed through an advocate.

In criminal proceedings, the personal appearance of the accused is generally required on every date of hearing. However, courts recognize that compelling an accused to appear on every occasion may cause undue hardship, particularly where the accused resides in another city or country, is of advanced age, suffers from medical conditions, or has professional or personal commitments. To address such situations, the law empowers courts to grant permanent exemption from personal appearance in appropriate cases.

An Application for Permanent Exemption from Appearance allows the accused to be represented by counsel while remaining exempt from attending routine hearings, subject to conditions imposed by the court.

This article explains the legal framework, grounds for seeking exemption, drafting strategy, and provides a ready-to-use sample format with copy-to-clipboard functionality.

I. Legal Framework

The power to exempt an accused from personal appearance is derived from the following provisions:

Under the Code of Criminal Procedure, 1973

Section 205 CrPC – Magistrate may dispense with personal attendance of the accused.
Section 317 CrPC – Provision for inquiry and trial in the absence of the accused under certain circumstances.

Corresponding Provisions under BNSS, 2023

Section 227 BNSS – Magistrate may dispense with the personal attendance of the accused.
Section 366 BNSS – Court may proceed in the absence of the accused in appropriate cases.

Therefore, courts possess discretionary power to dispense with personal attendance where such exemption would not prejudice the proceedings.

II. What is an Application for Permanent Exemption from Appearance?

An Application for Permanent Exemption from Appearance is a formal request made to the criminal court seeking permission for the accused to remain absent from routine hearings while being represented through an advocate.

If allowed, the accused generally remains exempt from personal appearance except when the court specifically directs otherwise.

The application does not seek exemption from the criminal proceedings themselves. Instead, it seeks exemption only from routine physical attendance before the court.

III. When Can This Application Be Filed?

An accused may seek permanent exemption where:

The accused resides in another State or outside India.
Regular travel causes substantial hardship.
The accused is a senior citizen.
The accused suffers from serious illness or physical disability.
The accused has unavoidable professional commitments.
The case involves routine procedural hearings.
Personal appearance is unnecessary for effective adjudication.

Accordingly, the court considers whether exemption would affect the fair conduct of the trial.

IV. Why is This Application Important?

Filing this application can:

Reduce unnecessary travel and expenses.
Avoid repeated disruption of employment or business.
Minimise hardship caused by frequent court appearances.
Ensure continuous representation through an advocate.
Enable smooth progress of the trial without unnecessary adjournments.

Thus, permanent exemption promotes both judicial efficiency and convenience, provided the accused continues to comply with court directions.

V. Factors Considered by the Court

While deciding the application, the court generally examines:

Nature of the alleged offence.
Stage of the proceedings.
Necessity of personal presence.
Conduct of the accused.
Whether the accused has complied with earlier court directions.
Possibility of prejudice to the prosecution.
Whether the advocate undertakes to represent the accused on every hearing.

The court may also reserve liberty to direct the accused to appear whenever necessary.

VI. Essential Elements of the Application

Before drafting, ensure the application includes:

Name of the court.
Case details.
Particulars of the accused.
Grounds for seeking exemption.
Assurance regarding representation through counsel.
Undertaking to appear whenever directed by the court.
Prayer for permanent exemption.

A properly drafted application demonstrates bona fide conduct and procedural compliance.

VII. Drafting Strategy

While preparing the application:

Clearly explain the genuine hardship.
Avoid vague or unsupported reasons.
Mention that the advocate shall remain present on every hearing.
Undertake to appear whenever specifically directed.
Maintain respectful and concise language.

A well-supported application substantially improves the likelihood of obtaining exemption.

VIII. Sample Draft Format – Application for Permanent Exemption from Appearance

Sample Draft – Application for Permanent Exemption from Appearance

IN THE COURT OF THE HON’BLE [COURT NAME]
AT [PLACE]
Case No. ________
State / Complainant
…Complainant
Versus
[Name of Accused]
…Accused
APPLICATION UNDER SECTION 205 CrPC
(SECTION 227 BNSS)
SEEKING PERMANENT EXEMPTION FROM PERSONAL APPEARANCE
The Applicant most respectfully submits:
1. The Applicant is an accused in the above-mentioned case.
2. The Applicant respectfully submits that regular personal appearance before this Hon’ble Court causes considerable hardship due to [medical condition/residence outside jurisdiction/professional obligations/other genuine reason].
3. The Applicant has always cooperated with the proceedings and undertakes to continue doing so.
4. Learned counsel for the Applicant shall remain present on every date of hearing and shall represent the Applicant throughout the proceedings.
5. The Applicant further undertakes to appear personally before this Hon’ble Court whenever specifically directed.
6. No prejudice shall be caused to the prosecution if the present application is allowed.
PRAYER
It is therefore respectfully prayed that this Hon’ble Court may kindly dispense with the personal appearance of the Applicant permanently and permit representation through counsel, in the interest of justice.

Place: _______
Date: _______

Counsel for the Applicant

IX. Common Mistakes to Avoid

Avoid:

Seeking exemption without genuine grounds.
Failing to explain the hardship.
Omitting an undertaking to appear when directed.
Filing the application without authorising counsel.
Assuming exemption applies automatically after filing.

Instead, support the application with relevant documents, such as medical records, employment certificates, or proof of residence, wherever applicable.

Conclusion

An Application for Permanent Exemption from Appearance provides a practical solution for accused persons who face genuine difficulty in attending every court hearing. When supported by valid reasons and an undertaking to remain represented through counsel, courts often exercise their discretion to grant such relief while ensuring that the administration of justice remains unaffected.

Index of Legal Templates and Drafting is here.

Disclaimer

Post Views: 128

Passport Implications in 498A Cases – A Complete Practical Guide

Posted on July 7 by Suprajaa Rajan

One of the most common fears among individuals facing a Section 498A IPC complaint is:

“Will I lose my passport?”
“Can I travel abroad?”
“Will a 498A case stop passport renewal?”

In reality, a 498A FIR does not automatically cancel a passport. However, criminal proceedings can create important practical issues relating to:

Passport renewal
Police verification
Travel abroad
Bail conditions
Court permissions
Look Out Circulars (in some cases)
Immigration scrutiny

Understanding the legal position is essential because many accused persons either panic unnecessarily or travel without obtaining required permissions, which can create avoidable complications.

This article explains the practical legal position regarding passports in 498A cases, including FIR stage, chargesheet stage, bail conditions, renewal issues, and overseas travel.

The First Important Principle

A 498A FIR does NOT automatically cancel your passport.

Many people assume that the moment an FIR is registered, the passport becomes invalid. That is not the general legal position.

However, criminal proceedings may affect how you use the passport, especially if:

Bail conditions restrict travel
The court requires permission before leaving India
A Look Out Circular is issued
The passport authority seeks additional disclosure

Stage 1: FIR Registered Under Section 498A IPC

What happens to the passport?

Usually:

Passport remains valid.
Existing travel may still be possible.
No automatic impounding occurs.

Practical Point

The bigger issue at this stage is usually arrest risk, not passport cancellation.

Many accused first seek anticipatory bail before making travel plans.

Stage 2: Anticipatory Bail Granted

Courts granting anticipatory bail may impose conditions such as:

Cooperate with investigation
Appear before police
Do not leave India without permission
Surrender passport in some cases

Important

Read the bail order carefully.

Some orders contain no travel restriction, while others specifically require prior court permission.

Stage 3: Chargesheet Filed

After investigation, the police may file a chargesheet.

At this stage:

Passport is still not automatically cancelled.
However, the court may monitor the accused’s presence more closely.
Travel abroad may require formal permission if the bail order so requires.

Can the Court Ask for Passport Surrender?

Yes.

In appropriate cases, courts may direct surrender of passport, particularly if they believe there is a risk of absconding.

Factors considered include:

NRI status
Frequent foreign travel
Previous non-cooperation
Risk of leaving jurisdiction permanently

However, such directions are case-specific, not automatic.

Can You Renew a Passport During a 498A Case?

Usually yes, but disclosure may be required.

Passport applications generally ask whether criminal proceedings are pending.

Do not conceal pending cases.

Suppression can create more serious problems than the case itself.

The passport authority may:

Seek details of the pending case.
Ask for court orders.
Grant a passport for a limited validity period in some situations.
Process the application subject to applicable rules.

Can Police Stop You at the Airport?

Not merely because a 498A FIR exists.

Problems may arise if:

A Look Out Circular (LOC) has been issued.
A court order restrains travel.
A warrant is pending.
The accused has violated bail conditions.

What Is a Look Out Circular (LOC)?

An LOC is a mechanism used to alert immigration authorities about a person whose movement may need to be monitored.

In matrimonial cases, LOCs are more commonly seen when:

The accused resides abroad.
The accused is alleged to be avoiding investigation.
The complainant alleges flight risk.

Again, an LOC is not automatic in every 498A case.

How to Travel Abroad Safely During a 498A Case

Step 1: Check Bail Conditions

Read every line of the bail order.

Step 2: Inform Your Lawyer

Before booking travel.

Step 3: Seek Court Permission (If Required)

Many courts allow travel subject to conditions.

Step 4: Provide Travel Details

Such as:

Destination
Duration
Return date
Contact details

Step 5: Return Within Permitted Period

Violation can create serious complications.

Common Mistakes Accused Persons Make

Avoid These Mistakes

Assuming FIR means passport cancellation.
Travelling without checking bail conditions.
Concealing pending criminal cases in passport applications.
Ignoring court permission requirements.
Violating travel undertakings.
Assuming an NRI accused will automatically be arrested at the airport.

What Should You Do If You Need to Travel Urgently?

For employment, medical treatment, family emergencies, or business travel:

File an application before the appropriate court.
Explain the urgency.
Provide supporting documents.
Offer an undertaking to return.

Courts often consider genuine requests favourably.

Special Note for NRIs

NRIs should be particularly careful because:

Travel history may be scrutinized.
LOC requests may be made.
Presence during investigation may become an issue.
Immigration complications can arise if court orders are ignored.

Early legal strategy is especially important for overseas residents.

The Real Risk: Non-Compliance, Not the Passport Itself

The key takeaway

In most 498A cases, the passport itself is not the primary problem.

The real risks arise when an accused:

Ignores court directions
Violates bail conditions
Fails to appear
Travels without permission where required
Suppresses information from authorities

Practical Checklist

Before travelling or renewing a passport

Obtain copy of FIR.
Obtain copy of bail order.
Check for travel restrictions.
Confirm whether passport surrender was ordered.
Disclose pending case honestly in passport application.
Seek court permission if required.
Keep travel documents ready.
Return within permitted period.

Conclusion

Passport issues in 498A cases are often misunderstood. An FIR by itself does not automatically cancel or confiscate a passport. However, bail conditions, court directions, pending proceedings, and compliance with legal requirements can affect travel and passport-related decisions.

The safest approach is to check the court order, disclose pending proceedings honestly, and seek permission wherever required rather than relying on assumptions or panic-driven advice.

Post Views: 102

Ayush Bajpai Vs State of U.P. and Ors 25 Jun 2026

Posted on July 6 by ShadesOfKnife

A division bench of Allahabad High Court held as follows,

The other aspect, in this case, is that the petitioner is an Advocate. He can be paid his fee by the Government, by a respectable man or a man who is not so respectable. An Advocate could be defending an accused who is indeed involved in a big scam or fraud but when fee is remitted by such an accused to his learned Counsel in account the money cannot be said to be proceeds of crime. It is the lawful remuneration of the learned counsel which would be duly earned after the engagement is discharged. If for the remittance of any sum of money, an Advocate’s account is frozen describing it as a cyber fraud or the money as proceeds of a cyber fraud or other crime it could become very difficult for Advocates to discharge their professional duties under the Advocates Act. The functioning of the Court itself would be embarrassed.
Let the Additional Chief Secretary (Home), U.P., Lucknow file his own affidavit within two weeks on the issue indicating how seizure of an Advocate’s account, made by sundry officers of the Police, is to be dealt with so as not to interfere with dispensation of justice itself in Courts. It would be quite a different matter, if an Advocate is himself involved in a criminal offence and has credits of money to his account that are proceeds of his own crime.

Ayush Bajpai Vs State of U.P. and Ors 25 Jun 2026

Citations:

Other Sources:

https://lawtrend.in/advocates-fee-cannot-be-treated-as-proceeds-of-crime-merely-because-client-is-accused-allahabad-high-court/

https://www.livelaw.in/high-court/allahabad-high-court/allahabad-hc-advocate-professional-fee-accused-not-proceeds-of-crime-bank-freeze-539449

Index

Post Views: 161

Mohanlal Shamij Soni Vs UOI and Anr on 22 Feb 1991

Posted on July 6 by ShadesOfKnife

A division bench of the Apex Court held that under section 311 of Cr.P.C. (read along with the Section 165 of Evidence Act), a Criminal Court has wide power to summon any person as witness, at any stage of the case, even after completion of defence evidence and argument stages.

From Para 9,

9. The very usage of the words such as ‘any court’, ‘at any stage’, or ‘of any enquiry, trial or other proceedings’, ‘any person’ and ‘any such person’ clearly spells out that this section is expressed in the widest possible terms and do not limit the discretion of the court in any way. However, the very width requires a corresponding caution that the discretionary power should be invoked as the exigencies of justice require and exercised judicially with circumspection and consistently with the provisions of the Code. The second part of the section does not allow for any discretion but it binds and compels the court to take any of the aforementioned two steps if the fresh evidence to be obtained is essential to the just decision of the case.

Mohanlal Shamij Soni Vs UOI and Anr on 22 Feb 1991

Citations: [AIR 1991 SC 1346], [1991 CRILJ 1521], [1991 (1) CRIMES 818(SC)], [1991 (33) ECC 18], [1992 (61) ELT 521(SC)], [1991 (1) SCALE 401], [1991 SUPP (1) SCC 271], [1991 (2) UJ 43 (SC)], [1991 SCC(CRI) 595], [1992 CRIAPPR(SC) 73], [1991 (1) SCR 712], [1991 (1) GUJLH 11], [1991 (3) JT 17], [(1991) ALLCRIR 725], [(1992) SC CR R 51], [1991 CRILR(SC MAH GUJ) 286], [1992 CHANDLR(CIV&CRI) 421], [(1992) 1 CHANDCRIC 78], [(1991) 33 ECC 18], [(1991) 2 GUJ LR 974], [(1991) 3 RECCRIR 182], [(1991) MADLW(CRI) 284], [(1997) 68 ECR 783]

Other Sources:

https://indiankanoon.org/doc/171510013/

https://www.casemine.com/judgement/in/5609ac6be4b014971140ed29

Index

Post Views: 28

Sachin Arora Vs Manju Arora on 02 Jul 2026

Posted on July 4 by ShadesOfKnife

A division bench of Supreme Court was not interested to interfere with the Delhi High Court Judgment.

Sachin Arora Vs Manju Arora on 02 Jul 2026

Citations:

Other Sources:

https://www.livelaw.in/supreme-court/supreme-court-refuses-to-interfere-with-delhi-hc-order-allowing-wife-to-seek-husbands-hotel-cdr-records-to-prove-adultery-539935

The following is the impugned Delhi High Court Judgment. The husband may have to have a serious discussion with his Counsel at Family Court, where the Reply was filed with certain admissions. Thoroughly self-sabotaging style drafting! Now, his only shield is Cross Examination Stage to bring out the truth. Hope it is handled at least now professionally and properly.

From Para 19,

19. … Moreover, in his written statement filed before the learned Family Court, the petitioner had taken a totally contrary stand claiming that he had gone to Jaipur on an official trip along with his female colleague for which purpose two rooms were reserved in Hotel Fairmont. This in itself, he contends is sufficient to prima facie show that the petitioner in order to conceal his adulterous acts is trying to take contradictory stands before the learned Family Court to somehow prevent disclosure of the details regarding his stay in the hotel being well aware that this disclosure would in itself show adultery on his part. In support of his plea, he seeks to place to reliance on a decision of the Andhra Pradesh High Court in Civil Revision Petition No.2385 and 2466 of 2018 titled K Srinivas Rao vs Nalam Naga Kamala.

From Para 32,

32. … Furthermore, what needs to be noted that the petitioner has taken contradictory stands regarding the presence of his lady friend in the hotel. While in his written statement he has stated that he was on an official trip to Jaipur, along with his female colleague and therefore, two rooms were booked for them in Hotel Fairmont, in response to the application he has claimed that he met the lady friend by chance in the hotel as she was also co-incidentally staying there. The respondent is the estranged wife of the petitioner who obviously does not has any direct evidence of her husband indulging in acts of adultery. By resort to Section 14 of the Family Courts Act, she is, only trying to seek production of evidence which she reasonably believes will prove her charge of adultery which by its very nature can be inferred only from circumstances.

From Para 39,

39. From the aforesaid, it is evident that it has been repeatedly held by the Apex Court that the right to privacy, as enshrined under Article 21, is not an absolute right. In the present case, the Court has on the one side, a husband who is taking contradictory stands in his pleadings…

Sachin Arora Vs Manju Arora on 10 May 2023

Post Views: 75

Payal Sharma Vs State of Punjab and Anr on 26 Nov 2024

Posted on July 2 by ShadesOfKnife

A division bench of the Apex Court held as follows,

From Para 22,

22. The fact that the present complaint which ultimately culminated in the impugned order was filed by the complainant subsequent to the grant of divorce between the first accused and the complainant’s daughter, is a fact discernible and indisputable. This had occurred in Canada. A perusal of the final report would reveal that even after the investigation no material whatsoever worthy to connect the appellant with the offences was seen collected. Therefore, the question is whether the vague, and at the same time, highly exaggerated versions of FIR and the proceedings subsequent thereto can be permitted to be proceeded against accused Nos.5 and 6. In short, on a careful consideration of FIR and the final report and materials we have no hesitation to hold that there is nothing on record to suggest, even prima facie that they would constitute the alleged offences against the accused No.6.

From Para 23,

23. A scanning of the FIR and the subsequently filed final report would reveal that the allegation against accused No.5, who is the wife of accused No.6, are also of the same nature. It is relevant to note that she is related to the husband of complainant’s daughter only through her marriage with cousin brother of the first accused viz., accused No.6. When the subject FIR and all further proceedings pursuant therefrom were quashed against the said cousin brother viz., accused No.6, the same reasons must apply to the case of accused No.5 as well. We are of the considered view that the High Court ought to have interfered and quashed the subject FIR and all other proceedings therefrom in relation to accused No.5 viz., the wife of accused No.6 as well. To secure interest of justice in the circumstances obtained, we are of the considered view that filing of the chargesheet cannot be a reason for interfering with impugned order in respect of accused No.6 or rejecting the prayer of accused No.5 to quash the proceedings and to make them to argue or to raise the legal and factual issues at the stage of framing of the charges. It is evident that making them to face the trial based on the allegations or accusation as referred above would be nothing but an abuse of process of court.

Payal Sharma Vs State of Punjab and Anr on 26 Nov 2024

Citations: [2024 INSC 896]

Other Sources:

https://indiankanoon.org/doc/101620228/

https://www.casemine.com/judgement/in/67458986e8c0441261878a34

https://www.verdictum.in/court-updates/supreme-court/payal-sharma-v-state-of-punjab-2024-insc-896-over-implication-of-close-relatives-of-husband-in-alleged-dowry-cases-1559200

https://lawbeat.in/supreme-court-judgments/dowry-harassment-cases-supreme-court-stresses-courts-duty-check-exaggerated-versions

https://testbook.com/recent-judgements/payal-sharma-vs-state-of-punjab

PAYAL SHARMA V. STATE OF PUNJAB & Anr, (26 November 2024)

Karnataka High Court relied on this Judgment in Crl.Pet.No.13296/2024 to grant interim stay.

Index of Quash Judgements is here.

Post Views: 21

Antics of Bar Council of India or State Bar Councils

Posted on July 1 by ShadesOfKnife

Despite being a statutory bodies, there are many instances where the Bar Council of India or various State Bar Councils have crossed their statutory limits and embarked on a journey which is legally called as Colourable exercise of power granted by Parliament to them. The following is just a small list of cases that came to my notice.

From 1996 – 2000:

Dr. Haniraj L. Chulani Vs Bar Council of Maharashtra and Goa on 8 Apr 1996 [SC: Cannot practice as an advocate under the Advocates Act, 1961 as well as a medical practitioner who does not want to give up his medical practice but wants simultaneously to practice law]

From 2016 – 2020:

Rishabh Duggal vs Bar Council of India on 12 Mar 2019 [SC: BCI imposed age limit]
Bar Council of Kerala Vs T.Koshy on 12 Apr 2018 [KerHC: Bar Council of Kerala does not have power to prescribe any fee for the enrolment, either in the form of enrolment fee or special fee]
Braj Mohan Mahajan Vs Bar Council of State of Madhya Pradesh and Ors on 11 Sep 2018 [MPHC: A person who is not convicted but merely accused cannot be denied entry into the State Bar Council rolls]
Bar Council of Kerala Vs Raju Y and Anr on 04 Jan 2019 [SC: Bar Council (of any State or India) do not have power to prescribe any fee for the enrolment, either in the form of enrolment fee or special fee.]

From 2021 – 2025:

Bar Council of India Vs Bonnie Foi Law College and Ors on 10 Feb 2023 [SC: BCI is empowered to conduct AIBE and it is a valid exam]
Are State Bar Councils Statutorily empowered to Levy Fees for Gaps in academics during Enrollment? [SC: Bar Council of AP charged me an additional Rs.7000/- as fees towards the gap in my academic, before enrollment and my case was transferred to Supreme Court and clubbed with many other such cases and eventually SCI held that Bar Councils cannot charge fees under any name beyond what is permitted in Advocates Act, 1961]

From 2026 – 2030:

Rajashekar Vs BCI and Anr on 27 Oct 2025 [KarHC: Persons can be admitted as advocates on a State roll even if they completed LL.B. outside the State]
Vijay Gopal Vs Bar Council of India and Anr on 29 Apr 2026 [TelHC: Membership with a Bar Association is not mandatory to practice Law in the State]
Are BCI and State Bar Councils Statutorily empowered to Levy Fees for Transfer of Enrollment?
1. KarHC:
2. APHC:

MASTER INDEX is here.

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