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Tag: Video Conferencing

Basudha Chakraborty Vs Neeta Chakraborty on 20 May 2024

Posted on September 13, 2024 by ShadesOfKnife

A division bench of Apex Court held as follows,

We have failed to comprehend the necessity of the direction of the High Court insisting for personal presence of the petitioner no.2 in Court in-person, despite being apprised that the petitioner no.2 has been suffering from severe medical conditions. From the materials placed on record we find that not only did the petitioner no.2 undergo an organ transplant in the recent past, he is afflicted by other ailments too calling for a surgery thus making it inadvisable for him to travel to Kolkata for attending court proceedings physically. That apart, the petitioner no.1 had physically appeared before the Court on 8th April, 2024 in deference to the order dated 31st January, 2024, yet, she too has been ordered to be produced in court by the police without apparent justification.
We are also at loss to comprehend as to why despite the advancement of science and technology and with the introduction of facilities for virtual hearing in the High Courts, the Court did not consider it desirable to grant liberty to the two petitioners to appear before it through the virtual mode.
The dispute that the High Court is seized of arises out of a marital discord between the spouses and the situation, prima facie, was not such so as to call for the Court’s insistence for personal presence of both the petitioners including the ailing petitioner no.2 by taking an arduous journey from a distant place like Mumbai despite his medical conditions. If the Court thought it fit to interact and bring about a settlement between the parties, an attempt to achieve it by allowing the petitioners to attend proceedings through the virtual mode ought to have been made.
The impugned order is bound to operate harshly against the petitioners. We expect the Court to exercise restraint unless any party repeatedly acts in breach of its order to undermine its dignity, prestige and majesty, thereby attracting the contempt jurisdiction. Exercise of discretion judiciously could have prevented the proceedings from reaching this Court.

Basudha Chakraborty Vs Neeta Chakraborty on 20 May 2024
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Basudha Chakraborty Vs Neeta Chakraborty Video Conferencing | Leave a comment

Shama Sharma Vs Kishan Kumar on 10 Jan 2024

Posted on January 29, 2024 by ShadesOfKnife

A division bench of Apex Court passed following order prohibiting mentioning of caste/religion of any litigant either before it or the courts below, while allowing the transfer of a RCR case from Rajasthan to Punjab.

From Para 7,

7. Further, liberty is granted to the respondent-husband to move an appropriate application before the transferee Court for permission to participate in the proceedings virtually. If such a request is made, the transferee Court may grant such permission and direct the personal presence of the respondent-husband only when it is absolutely necessary. Further, if examination of outstation witnesses is required and a request is made for recording the evidence through a Court Commissioner, the transferee Court shall consider the same and pass appropriate orders.

From Paras 10-12,

10. Before parting with this matter, we have noted with surprise that the caste of both the parties has been mentioned in the memo of parties, besides their other details. Learned counsel for the petitioner submits that if the memo of parties as filed before the courts below is changed in any manner, the Registry raises an objection and in the present case as the caste of both the parties was mentioned before the court below, he had no option but to mention their caste in the Transfer Petition.
11. We see no reason for mentioning the caste/religion of any litigant either before this Court or the courts below. Such a practice is to be shunned and must be ceased forthwith. It is therefore deemed appropriate to pass a general order directing that henceforth the caste or religion of parties shall not be mentioned in the memo of parties of a petition/proceeding filed before this Court, irrespective of whether any such details have been furnished before the courts below. A direction is also issued to all the High Courts to ensure that the caste/religion of a litigant does not appear in the memo of parties in any petition/suit/proceeding filed before the High Court or the Subordinate Courts under their respective jurisdictions.
12. The above directions shall be brought to the notice of the members of the Bar as well as the Registry for immediate compliance. A copy of this order shall be placed before the Registrar concerned for perusal and for circulation to the Registrar Generals of all the High Courts for strict compliance.

Shama Sharma Vs Kishan Kumar on 10 Jan 2024
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Change in Cause title CrPC 406 - Power of Supreme Court to transfer cases and appeals Judgments on Transfer Petitions Shama Sharma Vs Kishan Kumar Transfer Petition Video Conferencing | Leave a comment

State of Maharashtra Vs Dr. Praful B. Desai on 01 Apr 2003

Posted on December 16, 2022 by ShadesOfKnife

A division bench of the Apex Court held as follows:

From Paras 11 and 12,

11. This argument found favour with the High Court. The High Court has relied on judgments of various High Courts which have held that Section 273 is mandatory and that evidence must be recorded in the presence of the accused. To this extant no fault can be found with the Judgment of the High Court. The High Court has then considered what Courts in foreign countries, including Courts in USA, have done. The High Court then based its decision on the meaning of the term “presence” in various dictionaries and held that the term “presence” in Section 273 means actual physical presence in Court. We are unable to agree with this. We have to consider whether evidence can be led by way of video-conferencing on the provisions of the Criminal Procedure Code and the Indian Evidence Act. Therefore, what view has been taken by Courts in other countries is irrelevant. However, it may only be mentioned that the Supreme Court of USA, in the case of Maryland vs. Santra Aun Craig [497 US 836], has held that recording of evidence by video-conferencing was not a violation of the Sixth Amendment (Confrontation Clause).

12. Considering the question on the basis of Criminal Procedure Code, we are of the view that the High Court has failed to read Section 273 properly. One does not have to consider dictionary meanings when a plain reading of the provision brings out what was intended.

From Para 19 (Important),

Recording of evidence by video conferencing also satisfies the object of providing, in Section 273, that evidence be recorded in the presence of the Accused. The Accused and his pleader can see the witness as clearly as if the witness was actually sitting before them. In fact the Accused may be able to see the witness better than he may have been able to if he was sitting in the dock in a crowded Court room. They can observe his or her demeanour. In fact the facility to play back would enable better observation of demeanour. They can hear and rehear the deposition of the witness. The Accused would be able to instruct his pleader immediately and thus cross- examination of the witness is as effective, if not better. The facility of play back would give an added advantage whilst cross-examining the witness. The witness can be confronted with documents or other material or statement in the same manner as if he/she was in Court. All these objects would be fully met when evidence is recorded by video conferencing. Thus no prejudice, of whatsoever nature, is caused to the Accused. Of course, as set out hereinafter, evidence by video conferencing has to be on some conditions.

State of Maharashtra Vs Dr. Praful B. Desai on 01 Apr 2003

Citations : [2003 SCALE 3 554], [2003 SCC 4 601], [2003 SCR 3 244], [2003 AIR SC 2053], [2003 AIR SC 1885], [2003 CRIMES SC 2 237], [2003 CRLJ SC 2033], [2003 SCC CRI 815], [2003 MHLJ SC 2 868], [2003 MPLJ SC 2 434], [2003 SUPREME 3 19], [2003 BOMCR CRI SC 1495], [2003 ALT CRI 2 118], [2003 RD 95 158], [2003 CTC 2 787], [2004 UD 2 60], [2003 UC 2 1011], [2003 ACR SC 2 1269], [2003 ALD CRI 1 848], [2003 ALR 51 436], [2003 CGLJ 2 86], [2003 UJ 2 769], [2003 RLW SC 2 268], [2003 GLH 2 447], [2003 RCR CRIMINAL 2 770], [2003 AIR SCW 1885], [2003 JT SC 3 382]

Other Sources:

https://indiankanoon.org/doc/560467/

https://www.casemine.com/judgement/in/5609ade4e4b0149711412786

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 273 - Evidence to be taken in presence of accused Landmark Case Reportable Judgement or Order State of Maharashtra Vs Dr. Praful B. Desai Video Conferencing | Leave a comment

Gogineni Lakshmi Gowthami Vs State of AP and Anr on 20 Oct 2022

Posted on December 16, 2022 by ShadesOfKnife

A single judge allowed the marking of documents and examination via video conferencing tools.

From Para 2,

2. In the course of the trial of the case, the respondent had filed Crl.M.P.No.76 of 2022 under Section 275(1) Cr.P.C and 285(3) of Cr.P.C to permit the respondent to mark documents and to depose before the Court of Trial via Skype or Blue Jeans or any other alternative electronic media and for costs. This application was allowed by the trial Court by an order dated 31.03.2021 with certain conditions.

From Para 5,

5. Smt.K.Sesha Rajyam, learned Senior counsel appearing on behalf of Smt.Hima Bindu learned counsel for the respondent would submit that the application would be covered by the provisions of Section 273 of Cr.P.C and mere mentioning of a wrong provision in the order would not invalidate the order. She submits that Section 273 of Cr.P.C only stipulates that evidence taken during the course of trial should be in the presence of the accused and there is no restriction as to where the evidence can be recorded. She would further rely upon a Judgment of the Hon’ble Supreme Court in the case of State of Maharastra vs Dr Praful B.Desai1. She contends, on the basis of the above Judgment, that recording of evidence by way of video conferencing is permissible and does not in any manner violate any of the provisions of the Cr.P.C.

From Para 9,

9. Sri Akhil Krishnan, learned counsel for the petitioner would submit that the right of cross examination of the petitioner has been forfeited by the trial Court, during the pendency of the present petition. If an order has been passed, the same shall be disregarded and the trial Court shall afford an opportunity of cross examination to the petitioner as and when the respondent makes necessary arrangements in terms of the order for being examined through video conference. For this purpose, the respondent shall be given two weeks from today to comply with the directions of the trial Court in Crl.M.P.No.76 of 2022.

Gogineni Lakshmi Gowthami Vs State of AP and Anr on 20 Oct 2022

The time limit to finish Cross Examination through Video conferencing was extended considering some difficulty.

Gogineni Lakshmi Gowthami Vs State of AP and Anr on 11 Nov 2022
Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Gogineni Lakshmi Gowthami Vs State of AP and Anr Video Conferencing | Leave a comment

Video Conferencing Guidelines of Courts in India

Posted on June 22, 2020 by ShadesOfKnife
  • Supreme Court of India here.
  • High Court of Andhra Pradesh here.
  • High Court of Delhi here.
  • High Court of Karnataka

 

 


MASTER SITEMAP here.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Summary Post Video Conferencing | Leave a comment

IN RE Guidelines for Court Functioning through Video Conferencing during nCOVID-19 Pandemic on 06 April 2020

Posted on April 6, 2020 by ShadesOfKnife

Here is the Order of Supreme Court where in it has frame some guidelines for it to function through Video Conferencing during nCovid-19 pandemic and even after the lockdown which was supposed to end on 14 April 2020 but got extended upto 3 May 2020.

IN RE Guidelines for Court Functioning through Video Conferencing during nCOVID 19 Pandemic-Order 06 April 2020

Here is the Record of Proceedings (ROP) for 06 April 2020

IN RE Guidelines for Court Functioning through Video Conferencing during nCOVID 19 Pandemic-ROP 06 April 2020

AP High Court has also taken up the issue of COVID-19 as a Writ Petition here.


Citations: [

Other Source links:


 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged IN RE Guidelines for Court Functioning through Video Conferencing during nCOVID 19 Pandemic Video Conferencing Work-In-Progress Article | Leave a comment

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