Advocates Act 1961 Section 18 – Transfer of name from one State roll to another

18. Transfer of name from one State roll to another.―

(1) Notwithstanding anything contained in section 17, any person whose name is entered as an advocate on the roll of any State Bar Council may make an application in the prescribed form to the Bar Council of India for the transfer of his name from the roll of that State Bar Council to the roll of any other State Bar Council and, on receipt of any such application the Bar Council of India shall direct that the name of such person shall, without the payment of any fee, be removed from the roll of the first mentioned State Bar Council and entered in the roll of the other State Bar Council and the State Bar Councils concerned shall comply with such direction:
Provided that where any such application for transfer is made by a person against whom any disciplinary proceeding is pending or where for any other reason it appears to the Bar Council of India that the application for transfer has not been made bona fide and that the transfer should not be made, the Bar Council of India may, after giving the person making the application an opportunity of making a representation in this behalf, reject the application.
(2) For the removal of doubts it is hereby declared that where on an application made by an advocate under sub-section (1), his name is transferred from the roll of one State Bar Council to that of another, he shall retain the same seniority in the latter roll to which he was entitled in the former roll.

BNSS 379 – Procedure in cases mentioned in section 215

Posted on March 3 by ShadesOfKnife

379. Procedure in cases mentioned in section 215.—
(1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 215, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,—
(a) record a finding to that effect;
(b) make a complaint thereof in writing;
(c) send it to a Magistrate of the first class having jurisdiction;
(d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and
(e) bind over any person to appear and give evidence before such Magistrate.
(2) The power conferred on a Court by sub-section (1) in respect of an offence may, in any case where that Court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub-section (4) of section 215.
(3) A complaint made under this section shall be signed,—
(a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint;
(b) in any other case, by the presiding officer of the Court or by such officer of the Court as the Court may authorise in writing in this behalf.
(4) In this section, “Court” has the same meaning as in section 215.

Entire BNSS is here.

BNSS Sec 393 – Language and contents of judgment

Posted on February 28 by ShadesOfKnife

393. Language and contents of judgment.—
(1) Except as otherwise expressly provided by this Sanhita, every judgment referred to in section 392,—
(a) shall be written in the language of the Court;
(b) shall contain the point or points for determination, the decision thereon and the reasons for the decision;
(c) shall specify the offence (if any) of which, and the section of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) or other law under which, the accused is convicted, and the punishment to which he is sentenced;
(d) if it be a judgment of acquittal, shall state the offence of which the accused is acquitted and direct that he be set at liberty.
(2) When the conviction is under the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) and it is doubtful under which of two sections, or under which of two parts of the same section, of that Sanhita the offence falls, the Court shall distinctly express the same, and pass judgment in the alternative.
(3) When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such sentence.
(4) When the conviction is for an offence punishable with imprisonment for a term of one year or more, but the Court imposes a sentence of imprisonment for a term of less than three months, it shall record its reasons for awarding such sentence, unless the sentence is one of imprisonment till the rising of the Court or unless the case was tried summarily under the provisions of this Sanhita.
(5) When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead.
(6) Every order under section 136 or sub-section (2) of section 157 and every final order made under section 144, section 164 or section 166 shall contain the point or points for determination, the decision thereon and the reasons for the decision.

BNSS is here.

BNSS Sec 70 – Proof of service in such cases and when serving officer not present

Posted on February 28 by ShadesOfKnife

70. Proof of service in such cases and when serving officer not present.—
(1) When a summons issued by a Court is served outside its local jurisdiction, and in any case where the officer who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed (in the manner provided by section 64 or section 66) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved.
(2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the Court.
(3) All summons served through electronic communication under sections 64 to 71 (both inclusive) shall be considered as duly served and a copy of such summons shall be attested and kept as a proof of service of summons.

BNSS is here.

BNSS Sec 530 – Trial and proceedings to be held in electronic mode

Posted on February 28 by ShadesOfKnife

530. Trial and proceedings to be held in electronic mode.—
All trials, inquires and proceedings under this Sanhita, including—
(i) issuance, service and execution of summons and warrant;
(ii) examination of complainant and witnesses;
(iii) recording of evidence in inquiries and trials; and
(iv) all appellate proceedings or any other proceeding,
may be held in electronic mode, by use of electronic communication or use of audio-video electronic means.

BNSS is here.

Kerala Dowry Prohibition Rules, 2004

Posted on February 2 by ShadesOfKnife

Here is the Kerala Dowry Prohibition Rules, 2004

Kerala Dowry Prohibition Rules, 2004

An amendment to these 2004 Rules was passed in 2021 in the following terms.

Kerala Dowry Prohibition (Amendment) Rules, 2021

Main Central Act is here.

Index of State Rules are made available here.

CPC Order 6 Rule 14A – Address for service of notice

Posted on January 11 by ShadesOfKnife

14A. Address for service of notice.—
(1) Every pleading, when filed by a party, shall be accompanied by a statement in the prescribed form, signed as provided in rule 14, regarding the address of the party.
(2) Such address may, from time to time, be changed by lodging in Court a form duly filled up and stating the new address of the party and accompanied by a verified petition.
(3) The address furnished in the statement made under sub-rule (1) shall be called the “registered address” of the party, and shall, until duly changed as aforesaid, be deemed to be the address of the party for the purpose of service of all processes in the suit or in any appeal from any decree or order therein made and for the purpose of execution, and shall hold good, subject as aforesaid, for a period of two years after the final determination of the cause or matter.
(4) Service of any process may be effected upon a party at his registered address in all respects as though such party resided thereat.
(5) Where the registered address of a party is discovered by the Court to be incomplete. false or fictitious, the Court may, either on its own motion, or on the application of any party, order—
(a) in the case where such registered address was furnished by a plaintiff, stay of the suit, or
(b) in the case where such registered address was furnished by a defendant, his defence be struck out and he be placed in the same position as if he had not put up any defence.
(6) Where a suit is stayed or a defence is struck out under sub-rule (5), the plaintiff or, as the case may be, the defendant may, after furnishing his true address, apply to the Court for an order to set aside the order of stay or, as the case may be, the order striking out the defence.
(7) The Court, if satisfied that the party was prevented by any sufficient cause from filing the true address at the proper time, shall set aside the order of stay or order striking out the defence, on such terms as to costs or otherwise as it thinks fit and shall appoint a day for proceeding with the suit or defence, as the case may be.
(8) Nothing in this rule shall prevent the Court from directing the service of a process at any other address, if, for any reason, it thinks fit to do so.

CPC Sec 47 – Questions to be determined by the Court executing decree

Posted on January 8 by ShadesOfKnife

47. Questions to be determined by the Court executing decree.—
(1) All questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the Court executing the decree and not by a separate suit.
(3) Where a question arises as to whether any person is or is not the representative of a party, such question shall, for the purposes of this section, be determined by the Court.
Explanation I.—For the purposes of this section, a plaintiff whose suit has been dismissed and a defendant against whom a suit has been dismissed are parties to the suit.
Explanation II.—
(a) For the purposes of this section, a purchaser of property at a sale in execution of a decree shall be deemed to be a party to the suit in which the decree is passed; and
(b) all questions relating to the delivery of possession of such property to such purchaser or his representative shall be deemed to be questions relating to the execution, discharge or satisfaction of the decree within the meaning of this section.

BSA Sec 38 – Fraud or collusion in obtaining judgment or incompetency of Court may be proved

Posted on January 8 by ShadesOfKnife

Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under section 34, 35 or 36, and which has been proved by the adverse party, was delivered by a Court not competent to deliver it, or was obtained by fraud or collusion.

Evidence Act Sec 65 – Cases in which secondary evidence relating to documents may be given

Posted on July 14, 2025 by ShadesOfKnife

65. Cases in which secondary evidence relating to documents may be given.––Secondary evidence may be given of the existence, condition, or contents of a document in the following cases:
(a) when the original is shown or appears to be in the possession or power ––
of the person against whom the document is sought to be proved, or
of any person out of reach of, or not subject to, the process of the Court, or
of any person legally bound to produce it,
and when, after the notice mentioned in section 66, such person does not produce it;
(b) when the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved or by his representative in interest;
(c) when the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce it in reasonable time;
(d) when the original is of such a nature as not to be easily movable;
(e) when the original is a public document within the meaning of section 74;
(f) when the original is a document of which a certified copy is permitted by this Act, or by any other law in force in 1[India] to be given in evidence;
(g) when the originals consist of numerous accounts or other documents which cannot conveniently be examined in Court, and the fact to be proved is the general result of the whole collection.
In cases (a), (c) and (d), any secondary evidence of the contents of the document is admissible.
In case (b), the written admission is admissible.
In case (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is admissible.
In case (g), evidence may be given as to the general result of the documents by any person who has examined them, and who is skilled in the examination of such documents.

Shades of Knife

True Colors of a Vile Wife

Category: Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments

Advocates Act 1961 Section 18 – Transfer of name from one State roll to another

BNSS 379 – Procedure in cases mentioned in section 215

BNSS Sec 393 – Language and contents of judgment

BNSS Sec 70 – Proof of service in such cases and when serving officer not present

BNSS Sec 530 – Trial and proceedings to be held in electronic mode

Kerala Dowry Prohibition Rules, 2004

CPC Order 6 Rule 14A – Address for service of notice

CPC Sec 47 – Questions to be determined by the Court executing decree

BSA Sec 38 – Fraud or collusion in obtaining judgment or incompetency of Court may be proved

Evidence Act Sec 65 – Cases in which secondary evidence relating to documents may be given