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Category: LLB Study Material

What are Principles of Natural Justice?

Posted on February 25, 2024 by ShadesOfKnife

Few of the Principles of Natural Justice (Rules of Fair Hearing)…

  1. Nemo debet esse judex in propia causa (rule against Bias)
    • No one should be made a judge in his own cause, and the rule against bias.
  2. Audi alteram partem (rule of Hearing)
    • To hear the other party, or no one should be condemned unheard
  3. Speaking Order (Reasoned Decision)
    • A party has the right to know all the causes of the decision
Posted in LLB Study Material | Tagged What are Principles of Natural Justice? | Leave a comment

Certified Copies of Docket Orders

Posted on July 11, 2023 by ShadesOfKnife

Obtaining certified copies of the docket order in any case must not be a pain in the back. Rely on the following remedies in case of any trouble are the Court section offices.

Rules:

The Rule 212 of Andhra Pradesh Criminal Rules Of Practice And Circular Orders, 1990 is as follows,

212. Copies to be given to parties:-
Copies of any portion of the record of a Criminal Case must be furnished to the parties concerned on payment of the proper stamp and the authorized fee for copying. Where the Judge’s notes forms the only record of the evidence copies of these notes should be given.

———

Rule 339 of the Tamil Nadu Criminal Rules of Practice and Circular Orders, 1958 reads as follows:
“339. Copies to be given to parties.” Copies of any portion of the record of a Criminal case must be furnished to the parties concerned on payment of the proper stamp and the authorized fee for copying

New Rule 209 of The Criminal Rules of Practice, 2019 for Tamil Nadu read as follow:

209. Application for copies by a party.— Every application for a copy of judgment or order or proceedings (including docket order) or deposition of witnesses or original document filed in or in the custody of a Court shall be presented by the applicant or his advocate and shall set out the case or proceeding number, if any, the name of the applicant, his position in the case or proceeding as the case may be, the name of the advocate, if any, and description of the proceeding or document of which a copy is required.


Case Laws:

  1. Subramanian Vs State of Tamil Nadu on 15 Nov 1991
  2. Pfimex Pharmacauticals Limited Vs Garden Finance Ltd on 19 Jun 2000
  3. K. Nagarajan Vs K.S. Ramasamy and Anr on 17 Jul 2003
  4. K.Ramaiah Vs R.Sudhakara Naidu on 04 Jul 2006
  5. Subramanian @ Ravi Subramanian Vs State of Tamil Nadu on 20 Nov 2007
  6. Rev. Samuel D. Stephens and Ors Vs Pastor A. Samuel Ramasamy on 27 Feb 2009
Posted in LLB Study Material | Tagged Certified Copies of Docket Orders | 2 Comments

Comparison between Government of India Act 1935 and Constitution of India 1950

Posted on April 14, 2021 by ShadesOfKnife
Posted in LLB Study Material | Tagged Comparison between Government of India Act 1935 and Constitution of India 1950 Work-In-Progress Article | Leave a comment

Remedies against Malicious Prosecution in India

Posted on March 3, 2021 by ShadesOfKnife

After a long and exhausting prosecution for false allegations and claims in Indian Courts (making good use of remedies available against/with Police and Courts) resulting in favorable decisions, you may want to make good of the following remedies available in law across various forums.


Civil-side Remedies (SEEKING COMPENSATION from the malicious prosecutor)

 


Criminal-side Remedies

SEEKING COMPENSATION from the malicious prosecutor:

  1. Those (accused persons) who were maliciously prosecuted for alleged criminal offences, can seek Compensation for accusation without reasonable cause u/s 250 CrPC.
  2. Those (accused persons) who were maliciously arrested for alleged criminal offences, can seek Compensation (maximum of Rs.1000/-) for accusation without reasonable cause u/s 358 CrPC.
  3. Those who were forced to litigate frivolous Transfer petitions at Supreme Court, can seek Compensation (maximum of Rs.1000/-) u/s 406(3) CrPC.
  4. Those who were forced to litigate frivolous Transfer petitions at High Court, can seek Compensation (maximum of Rs.1000/-) u/s 407(7) CrPC.
  5. Those who were forced to litigate frivolous Transfer petitions at Sessions Court, can seek Compensation (maximum of Rs.1000/-) u/s 408(3) CrPC.

 

SEEKING PUNISHMENT for the malicious prosecutor:

  1. Those who were put to disadvantage by taking of bribes by public servants (including Police, Magistrates and Judges), can get a FIR registered under CHAPTER III Offences of Prevention of Corruption Act 1988
  2. Police Officers can be proceeded against under section 167 IPC for registering a false FIR or Charge sheet. Punishment is same as 498A IPC. 🙂
  3. Police Officers have to register a complaint against those who gave them false information, when the police file a charge sheet wherein from their investigation, either persons were removed/not charged in Charge sheet or certain sections were removed under section 182 or 211 IPC. Section 340 CrPC applies to these sections so the person who was listed in the FIR cannot himself file the complaint with Court but he can ask (via a simple letter to IO, then local SP/CP, then DGP; followed by couple of RTIs seeking progress/action taken at each stage). Since there is a time limit imposed on filing such complaint by Police (as per section 468 CrPC), it is better to act fast once the IO makes any removals from charge sheet. Of course, in appropriate case, sec 5 of Limitation Act can also be invoked
  4. Judicial Officers can be proceeded against under sections 217, 218, 219, 220 of IPC.  No need of any 340 CrPC application for these offences. Direct Police complaint.
  5. Defamation u/s 499/500 IPC case laws here.

 


Remedies under Writ Jurisdiction of a Constitutional Court

  1. Under Writ of Mandamus, the affected person can claim compensation against the offender, over and above what is granted by statutory provisions.
    • Classic case of Sri Nambi Narayanan here.

 

Posted in LLB Study Material | Tagged Remedies against Malicious Prosecution in India | Leave a comment

PIL Drafting Competition on Constitution Day 2020 by NLIU LAC

Posted on November 27, 2020 by ShadesOfKnife

After Ex Gratia Law Journal’s 1st Judgement Writing Competition 2020 here, I participated in this Judgement Writing Competition here with my partners Yashika Bhartia [idea of 46(3) Cr.P.C. and initial discussions] and Swathi Pudipeddi [Drafting, Research and multiple reviews of the Draft PIL Petition] and here is the problem statement.

Guildelines, PIL drafting competition


Here is the PIL I wrote. It is password-protected to prevent misuse like plagiarism. If you want to read it, contact me for password.

PIL Draft, Team Code _ T-60 for Sharing purpose

I couldn’t make my Team win any prizes this time around. The winners are declared on official social media handles here and here.


Getting ready for next competition here.

Posted in LLB Study Material | Tagged PIL Writing Competition | Leave a comment

Sources to the Constitution of India

Posted on November 26, 2020 by ShadesOfKnife
Posted in LLB Study Material | Leave a comment

Ex Gratia Law Journal’s 1st Judgement Writing Competition 2020

Posted on November 24, 2020 by ShadesOfKnife

After GITAM Moot competition here, I participated in this Judgement Writing Competition here with my partner Yashika Bhartia and here is the problem statement.

1st-Judgement-Writing-Competition-Proposition

My Team won First place. The results announcement is here.

In case the page is kaput, below is the screenshot from that page.


Here is the Judgment I wrote. It is password-protected to prevent misuse like plagiarism. If you want to read it, contact me for password.

Team JW04 for Sharing purpose (PW Protected)

Next, I participated in PIL Drafting Competition on Constitution Day 2020 by NLIU LAC here.

Posted in LLB Study Material | Tagged Judgment Writing Competition | Leave a comment

Withdrawing ‘General Consent’ Granted To CBI To Investigate Cases In The State

Posted on November 5, 2020 by ShadesOfKnife

The following is a table listing granting and withdrawing of their ‘General Consent’ Granted To CBI To Investigate Cases In The State.

Some State governments innocently think by withdrawing ‘General Consent’ Granted To CBI To Investigate Cases In The State, they can stop CBI. Fools !!! Here why.

State / Union Territory Consent Granted on Consent Withdrawn on
Andhra Pradesh 3 Aug 2018

6 Jun 2019

16 Nov 2018 (Confidential GO)

—

Arunachal Pradesh
Assam
Bihar
Chhattisgarh 2001 10 Jan 2019
Goa
Gujarat
Haryana
Himachal Pradesh
Jharkhand
5 Nov 2020
Karnataka
Kerala 4 Nov 2020
Madhya Pradesh
Maharashtra 21 Oct 2020
Manipur
Meghalaya
Mizoram
Nagaland
Odisha
Punjab 6 Nov 2020
Rajasthan 19 Sep 2020
Sikkim
Tamil Nadu
Telangana
Tripura
Uttar Pradesh
Uttarakhand
West Bengal
Andaman and Nicobar Islands
Chandigarh
Dadra Nagar Haveli and Daman Diu
Delhi
Jammu and Kashmir
Ladakh
Lakshadweep
Puducherry

 


On 6 Jun 2019, Andhra Pradesh granted General Consent.

03082018HO_MS109

*****

On 16 Nov 2018, Andhra Pradesh withdrew General Consent.

(Via Confidential GO and a Gazette notification)

2018-11-20 Withdrawal of General consent given to the members of CBI Gaz

*****

On 3 Aug 2018, Andhra Pradesh granted General Consent.

2018-08-03 03082018HO_MS109 General consent given to the members of CBI

 

 

 

*****

On 5 Dec 2017, Andhra Pradesh granted General Consent.

2017-12-05 2017HO_MS184 General consent given to the members of CBI

On 10 Jan 2019, Chattisgarh withdrew General Consent.

2019-01-10 Chattishgarh withdraws General Consent

 

On 5 Nov 2020, Jharkhand withdrew General Consent.

Jharkhand withdraws General Consent

On 4 Nov 2020, Kerala withdrew General Consent.

2020-11-04 Kerala withdraws General Consent

On 21 Oct 2020, Maharashtra withdrew General Consent.

2020-10-21 Maharashtra withdraws General Consent

On 19 Sep 2020, Rajasthan withdrew General Consent.

2020-07-19 Rajasthan withdraws General Consent

 

 


On 6 Nov 2020, Punjab withdrew General Consent.

Final_Gazette_Report
Posted in LLB Study Material | Tagged Withdrawing 'General Consent' Granted To CBI To Investigate Cases In The State Work-In-Progress Article | Leave a comment

Various Doctrines in Law

Posted on October 12, 2020 by ShadesOfKnife

 

 

Public Trust Doctrine:

Public Trust Doctrine primarily rests on the principle that certain resources like air sea, waters and the forests have such a great importance to the people as a whole that it would be wholly unjust to make them a subject of private ownership. The said resources being a gift of nature, they should be made freely available to everyone irrespective of the status in life. The doctrine enjoins upon the Government to protect the resources for the enjoyment of the general public rather than to permit their use for private ownership or commercial purposes.

Posted in LLB Study Material | Tagged Doctrines in Law | Leave a comment

Amicable working with Advocate

Posted on August 27, 2020 by ShadesOfKnife

The following are my learnings while working with advocates. Some taught me Dos and some Don’ts. Take it as you like.

 

  • Start using eCourts app and learn to find more information from High Court websites, if not found on eCourts platform (app and website)
  • Discuss your priorities and expectations from the case, in clear terms. Better safe than sorry.
  • Ask/find and record/save alternate means of communicating with your Advocate. Office Address, Alternate contact numbers, Colleague in his Chambers, Email etc.,
  • Learn the Law and the court procedure involved in the instant case thoroughly. It helps pacify unwarranted fears to some extent.
  • Most petitions are available in/near Court premises and sold at retail price. No need to shell out 1000’s for these forms.
  • Ensure ALL your payments to Advocate are made digitally. This is solid evidence against unpleasant disputes
  • In Criminal Trials, Electronic Evidences in their Original devices need not be shared with advocates at the beginning itself. A set of copies will do for perusal and any drafting. There is stage later on when Evidence needs to be brought on record of Court supported by a certificate u/s 65B of Indian Evidence Act.
  • Ask them to read (a) All Protection from Police here and (b) All Reliefs from Judiciary here. hehe
  • Above tip not working? Want to discontinue the services of current advocate? Communicate on email, phone clearly your intent and ask for NOC (No Objection Certificate). This is NOT a rule but a unwritten practice, so avoid complications between advocates due to clients. NOC is nothing but Vakalath/Vakalathnama on the sleeve/side of which Advocate writes, ‘No objection to engage another advocate’, along with Name, Signature, Enrollment number and date. Simple!

 

 

Posted in LLB Study Material | Leave a comment

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