Wednesday, March 7, 2018

What is the difference between http and https ?

What  is the difference between http and https ?
Time to know this with 32 lakh debit cards compromised in India.

Many of you may be aware of this difference, but  it is
worth sharing for any that are not.....

The  main difference between http:// and https:// is  all
about keeping you secure

HTTP stands  for Hyper Text Transfer Protocol 
The  S (big  surprise)  stands for "Secure"..  If you visit a
Website or web page, and look at the address in the web    browser, it is likely begin with the following: http:///.

This  means that the website is talking to your  browser using
the regular unsecured language.  In other words, it is possible for someone to  "eavesdrop" on your computer's conversation with  the Website. If you fill out a form on the  website, someone might see the information you send to that site.
This  is why you never ever enter your credit card  number in an
Http website! But if the web address begins with https://, that means your computer is talking to the website in  a
Secure code that no one can eavesdrop on. 
You understand why this is so important, right? 
If  a website ever asks you to enter your Credit/Debit card
Information, you should automatically look to see if the web
address begins with https://.
If  it doesn't,  You should NEVER enter sensitive
    Information....such as a credit/debit card  number.
PASS  IT ON (You may save someone a lot of grief).
While checking the name of any website, first look for the domain extension (.com or .org,, .net  etc). The name just before this is the domain name of the website. Eg, in the above example,, the word before .com is "diwali-festivals" (and NOT "amazon"). So, this webpage does not belong to but belongs to "", which we all haven't heard before.
You can similarly check for bank frauds.
Before your ebanking logins, make sure that the name just before ".com" is the name of your bank. "" belongs to icici, but belongs to "some1else".

👆 *Simple but good knowledge to have at times like these* 👆

Exclusively for all lawyers Compilation of words which lawyers use (which makes them a class apart):

Exclusively for all lawyers
Compilation of words which lawyers use (which makes them a class apart):

1. Lawyers don't "correct" pleadings; They amend them.

2. Lawyers don't merely "think". They opine.

3. Lawyers don't "outline" remedies or issues; They adumbrate them.

4. Lawyers don't "suggest" to court; They submit.

5. Lawyers don't "lie"; They misguide the audience

6. Lawyers don't "support" with evidence; they corroborate it.

7. Lawyers don't "show" in court; They demonstrate.

8. Lawyers don't "say" anything; They aver.

9. Lawyers don't "disagree with a fact"; They contend it.

10. Lawyers don't "finish submitting"; They rest their case.

11. Lawyers don't use the word "understand"; They use "construe".

12. Lawyers don't "agree with other people's opinions" ; They concur with them.

13. Lawyers don't "investigate"; They probe.

14. Lawyers don't "disagree with other people's opinions"; They dissent from them.

15. Lawyers don't "ask for permission"; They seek leave.

16. Lawyers don't "fall sick"; They get indisposed.

17. Lawyers don't "ask court"; They pray.

18. Lawyers don't "increase" anything they "augment" it

19. Lawyers don't ask court to  "postpone cases"; They ask it to adjourn them.

20. Lawyers don't "find solutions"; They seek remedies.

21. Lawyers "know" everything; what you think they don't know is "what they have not addressed their minds to".

22. Lawyers don't "go on" ; They proceed.

23. Lawyers don't "refuse"; They object.

24. Lawyers don't "ask court to take a step"; They move it.

25. Lawyers don't "leave an issue"; They abandon it.

26. Lawyers are not "wordy"; They articulate their point.

27. Lawyers don't "find solutions"; They resolve issues.

28. Lawyers call themselves lawyers among "lay men"(all other professions and non professionals); They call themselves "Learned Friends" when they are addressing themselves.

29. Lawyers don't "disagree" with each other; They just differ.

30. Lawyers don't "seek help" from court; They seek redress.

31. Lawyers don't "speak" in court; They address court.

32. Lawyers don't "agree" to what someone has said; They associate themselves with it.

33. Lawyers don't say something is "irrelevant or useless"; They say it is immaterial.

34. Lawyers don't "arrive" in court; They enter appearance.

35. Lawyers don't "go" to a judge; They appear before him or her.

36. Lawyers don't "die" ; They relocate to God's domicile !

37. Lawyers don't get "late"; They delay.

38. Lawyers don't "disagree" with somebody's opinion; They dissociate themselves from it.

39. Lawyers don't "stand in for" anyone; They hold brief for them.

40. Lawyers don't ask court to "force";They ask it to compel.

41. Lawyers don't say something is "the same"; They say it is parimateria.

42. Lawyers don't say someone is "responsible"; They say he/she is liable.

43. Lawyers don't "explain" what they have said; They substantiate it.

44. Lawyers don't "tell lies"; They amend the facts

Section Vs Article

Section   Vs   Article

When any fundamentally important document is drafted which may be a grundnorm (Fundamental norm to support all other legal norms) of that system, then generally it is differentiated from the ordinary municipal laws by referring to its clauses as articles rather than sections, such as United Nations Charter, International Conventions, Constitution of a country etc. from where other laws or rules originate.

Not necessarily that a Constitution has always articles but no sections. Article is used to convey an impression that they are more elaborate and conventional in expression.

The word "article" is used in English law in relation to the Memorandum and Articles of Association of a company, Articles of partnership, Articles of clerkship or apprenticeship. They are all in the context of forming some agreement. Outside the legal context we have articles of faith. And Articles are what the component part of interntional treaties are called. I suggest that part of the explanation lies in the general sense of the word "article”. A separate thing. So a treaty is a collection of things - we agree to this, and this and this.... Magna Carta was thought of as articles. "The twenty-five barons shall swear to obey all the above articles faithfully, and shall cause them to be obeyed by others to the best of their power". But the oldest statute in English law still in force, the Statute of Marlborough, 1267, refers to what is enacted as "provisions" ("provisiones" in the original Latin) but then goes on to say " the King, intending to devise convenient Remedy, hath made these Acts, Ordinances, and Statutes underwritten" [or perhaps Provisions, Ordinances, and Statutes]. But no articles. On the other hand, these days we would think of ordinances and statutes as separate documents. The late and distinguished British drafter, Francis Bennion, tells us that the parts of an Order in Council in the UK (an Order made by the monarch, the Council being the Privy Council) are Articles - and inded it is so, I had not registered that before. The French use the word "Article" in ordinary legislation (at least Codes, Lois (Acts) and Ordinances). But they may divide a piece of legislation into "sections" within which are Articles (in the same way as the word "Chapter" is used in an English statute). Perhaps French usage affected international usage. It was the "language of diplomacy", after all. On the other hand, there was simply a lot of trade in law and language between countries, especially in terms of bills of rights and constitutions. Turning to Constitutions. The US Constitution is divided into Articles (within which are sections). Recall the origin of the US Constitution: an agreement between the original 13 states. Also, the legal tradition being British, they would have looked perhaps to the Articles of Union between England and Scotland. On the other hand, at least the State of Delaware, in its own Constitution of 1776, used the word "Article" to refer to separate stipulations.

The pre-independence constitution was the Constitution of India Act 1935, an Act of the British Parliament. That was divided into sections. The Indians were very much influenced by precedents such as the Americans, the French, even the British, the Canadians and the Irish. The Irish Constitution is divided into Articles (themselves divided into sections). I note that as early as December 1946, "General Directions" prepared "originally at the instance of Pandit Jawaharlal Nehru" and submitted to the Union Constitution Committee of the Constituent Assembly, uses the word "Article". Most British colonies became independent with constitutions drafted by the Colonial Office, and used "sections". Post independence constitutions also sometimes retain that terminology (e.g. Nigeria 1999, South Africa 1996). Kenya 2010 uses Articles. This began as a deliberate departure from the past on the part of the Constitution of Kenya Review Commission in 2002 -- even though it drew quite heavily from South Africa. But it also drew from India, Uganda (Articles), and Canada -- especially the Charter of Rights and Freedoms (sections). There are reasons for usages - but usages they remain. But one needs to get it right within the particular tradition.

Thursday, November 30, 2017


ADP :- Assistant Director of Prosecution.
APP :- Assistant Public Prosecutor.
CC No :- Calendar Case. Number.
CJM :- Chief Judicial Magistrate.
DDP :- Deputy Director of Prosecution.
DJ :- District Judge.
DW :- Defense Witness.
FTC :- Fast Track Court.
JM :- Judicial Magistrate.
MC :- Magisterial Clerk.
NBW :- Non Bailable Warrant.
PP :- Public Prosecutor.
PRC No. :- Preliminary Registration Case Number.
PT :- Pending Trial.
PT Warrant :- Prisoner Transfer Warrant.
PW :- Prosecution Witness.
SC No. :- Sessions Case Number.
STC No :- Summary Trial Case Number.
1.Taken on file
2. Apperence of accused
3. For copies
4. For charge frame
5. For trial Examination of pw1 to io
6. 313 Crpc Questioning
7. Arguments on both side
8. Judgement
1. CC- Calender case
2. STC- Summery trial case
3. PRC- Priliminary register case
4. SC- Sessions case
5. JC- Journial case
255 Crpc In STC case
248 Crpc In CC case
235 Crpc In SC case
317 Crpc - Petition filied for absence of accused
207 Crpc - For copies
311 Crpc - To recall witness at any stage after trial
91 Crpc - To produce documents
205 Crpc - Apperence dispence of accused
239 Crpc - Discharge of accused
257 Crpc - withdrawal of complaint
301 Crpc - To assisting the prosecution
302 Crpc - Private prosecution
156(3) Crpc - Direction to register a case
173(5)(8) Crpc - Additional documents to be filed after filing a charge sheet
167(2) Crpc Bail in mandatory provision in Sessions case -90days Below 3 years punishment cases - 60
437 Crpc Lower court bail
438 Crpc sessions bail / Anticipatory bail
439 Crpc High court bail
Txerms used in Investigation and Police Records :-
AR Copy :- Accident Register Copy.
CD :- Case Diary.
Cr.No. :- Crime Number.
FIR :- First Information Report.
FP :- Finger Print.
FR :- Final Report.
IO :- Investigation Officer.
IP :- In Patient.
LCD :- Last Case Diary.
MO :- Modus Offender.
MO :- Medical Officer.
PM :- Post Mortem.
PMC :- Post Mortem Certificate.
PNR :- Prisoner Nominal Roll.(Prison Record ).
RCS :- Referred Charge Sheet.
r/w :- Read with.
Sec. :- Section.
SOC :- Scene of Crime.
UI :- Under Investigation.
u/s :- Under Section.
WC :- Wound Certificate.
AD :- Action Dropped.
UN :- Undetected.
MF :- Mistake of Fact.
ML :- Mistake of Law.
CSR :- Community Service Register.
GCR :- Grave Crime Report or General Conviction Register.
GD :- General. Diary.
LLI :- Loose Leaf Index.
OP :- Out Post / Out Patient.
PSR :- Prisoners Search Register.
SHO :- Station House Officer.
SHR :- Station House Report.
BC :- Bad Character.
DC :- Dossier Criminal.
HO :- Habitual Offender.
HS :- History Sheet.
KD :- Known Depredator.
LFO :- Local First Offender.
LKD :- Local Known Depredator.
NLFO :- Non Local First Offender.
NLKD :- Non Local Known Depredator.
L & O :- Law and Order.
OD :- Other Duty.
PSO :- Police Standing Order / Personnel Security Officer.
ID :- Illicit Distillation.
IMFL :- Indian Made Foreign Liquor.
IMFS :- Indian Made Foreign Sprit.
GSE :- Good Service Entry.
MSE :- Meritorious Service Entry.

Case  Type         Description
DC           Special Leave Petition (Civil)                   
SR            Special Leave Petition (Criminal)                
WC           Writ Petition (Civil)                             🌹
WR           Writ Petition(Criminal)                           🌹
AC           Appeal Civil                                      🌹
AR          Appeal Criminal                                   🌹
TC            Transfer Petition (Civil)                        
TR            Transfer Petition (Criminal)                      🌹
RC            Review Petition (Civil)                           🌹
RR           Review Petition (Criminal)                        🌹
OC           Original Suit                                     🌹
NC           Transfer Case (Civil)                              🌹
NR           Transfer Case (Criminal)                          🌹
BC            Writ Petition (Civil)...                          🌹
BR            Writ Petition (Criminal)...                       🌹
PC            SLP (Civil) CC No.            
PR           SLP (Criminal) CRLMP No.          
MC          Motion Case(Civil)                                🌹
MR           Motion Case(Crl.)                                 🌹
CC            Contempt Petition (Civil)                        
CR           Contempt Petition (Criminal)                     
XC           Tax Reference Case                               
LC            Special Reference Case                           
EC            Election Petition (Civil)                        
QC           Curative Petition(Civil)
QR           Curative Petition(Criminal)                   
FC           Arbitration Petition 
RA           REF. U/A 317(1) 
DR           Death Ref. Case(Criminal) 
DCD       Special Leave Petition (Civil) D. No.[D=Diary]                                  
SRD        Special Leave Petition (Criminal)  D. No.                     
WCD        Writ Petition (Civil)   D. No.                                
WRD        Writ Petition(Criminal) D. No.                                
ACD        Appeal Civil   D. No.                                         
ARD        Appeal Criminal    D. No.                                     
TCD         Transfer Petition (Civil) D. No.                              
TRD         Transfer Petition (Criminal)    D. No.                        
RCD         Review Petition (Civil)       D. No.                          
RRD         Review Petition (Criminal)  D. No.                           
OCD        Original Suit   D. No.                                        
NCD        Transfer Case (Civil)   D. No.                  
NRD        Transfer Case (Criminal) D. No.                               
BCD         Writ Petition (Civil)...     D. No.                           
BRD         Writ Petition (Criminal)... D. No.                            
PCD         SLP (Civil) CC No.   D. No.                
PRD         SLP (Criminal) CRLMP D. No.      
MCD        Motion Case(Civil)   D. No.                                   
MRD        Motion Case(Crl.)     D. No.                                  
CCD        Contempt Petition (Civil)  D. No.                             
CRD        Contempt Petition (Criminal)   D. No.                         
XCD        Tax Reference Case      D. No.                                
LCD         Special Reference Case  D. No.                                
ECD         Election Petition (Civil)  D. No.                             
QCD        Curative Petition(Civil) D. No.      
QRD        Curative Petition(Criminal)  D. No.                        
FCD         Arbitration Petition  D. No.      
RAD        REF. U/A 317(1)  D.y No.                                       
DRD       Death Ref. Case(Criminal)    D. No.

Thursday, October 26, 2017

Contract Act - Concluded contract - Draft Agreement - - If instead of acceptance of a proposal, a counter proposal is made, no concluded contract comes into existence

📚 Contract Act - Concluded contract - Draft Agreement - - If instead of acceptance of a proposal, a counter proposal is made, no concluded contract comes into existence  - There was no acceptance of the proposal giving rise to a concluded contract - in order to convert a proposal into a contract, the acceptance must be absolute and unqualified - existence of a concluded contract is a must in a claim for compensation for loss/damages under S. 73 of the Act arising out of a breach of contract . (2017-4) THE PUNJAB LAW REPORTER (SUPREME COURT) 📚



 rickjohn Posted 12 May 2017Post Comment Visitors: 32520

The way of Cross Examination: Sr. Adv. Ram Jethmalani, SC


Cross-examination is the most intelligent device evolved by the human civilisation during the experience of centuries. In law, cross-examination is the interrogation of a witness called by one's opponent. The main purposes of cross-examination are to evoke favourable facts from the witness, and to charge the credibility of the testifying witness to lessen the weight of unfavourable testimony. Cross-examination frequently produces critical evidence in trials, especially if a witness contradicts previous testimony. 

Mr. Ram Jethmalani one of the famous lawyers in India described the art of cross-examination as the most effective weapon for the discovery of truth, provided the objective is not to confound a truthful witness but to extract truth from an unwilling witness. In a court trial the search for truth is the ultimate and idealistic end of all litigated matter and this truth is obtained due to the process of cross examination in the conduct of litigation. 

A large number of complaints and cases are filed in civil and criminal courts every day in our country. Mr. Jethmalani says that delay in justice in India is common due to the rapid growing pendency of cases in courts 

In both civil and criminal case examination of witnesses plays an important role in the presentation of the evidence in a court of law and admissibility of that evidence is an important aspect which has to be decided by the judges only. Each case is looked upon clearly and it takes a long time to pass the judgment by the court Due to this procedure of examination.  

Need of Cross examination

Cross Examination is one of the inevitable feature of our legal system.  To understand its aspects take an example If a man reports to a court that he has seen A shooting B with a revolver on a particular date, in the evening, and thus killed him. Then how will the court know whether or not to believe the version of the so­ called eye witness. There are equal chances of the testimony of witness being true or false. A witness may have several reasons to say falsehood or even to say the truth. A witness may give false information due to enmity, greed or to implicate somebody with ulterior motives. So, a witness can be believed only if he/she passes the examination of truth through cross­ examination.  

ie, the witness has to pass an examination before entering the court. This process is done by giving an opportunity to the opposite party to ask questions which challenges the accuracy of the information given by the witness of the opposite party. Questions about previous statements and conduct before, during and after the incident happened may be asked. If the witness replies satisfactorily then the court may declare them as reliable witness, but if they fail during the cross examination, then their testimony is of no consequence. 

Cross examination may differ from case to case and person to person. The age, position, status, expression in court, experience, qualification and expertise etc, are some subjects of cross examination. As the questions change on the spot according to the response of the witness it is dynamic in nature. 

Cross Examination in Indian Laws

Right to cross examination flows from the principle of Natural Justice that evidence may not be read against a party until the same has been subjected to cross examination or at least an opportunity is given to cross examine. This right is one of the most powerful instrumentalities provided to lawyers in the conduct of litigation. The most important purpose of this right is to attempt to destroy the credibility of the opponent’s witness. 

Chapter X of Evidence Act 1872, deals with examination and cross examination of witnesses before court of law. The relevant sections are section 136 to Section 166 of the evidence Act. Section 137 tells about examination in ­chief and cross examination of a witnesses. According to this Section 137, the examination of witness by the adverse party shall be called his cross examination. Section 138 provides the Order of Examination, it may be a technical rule but it flows from the essential rules of justice. It says that there must be first an Examination in Chief, then the opposite party cross examines the witness and if the party calling the witness so desires, there may be re-examination. 

Basics of Examination of a witness in court: ­ the examination of a witness who calls him is called as ‘Examination in chief’. After Examination ­in ­chief, the examination of the witness by an opposite party is called ‘Cross examination’. The examination of a witness subsequent to Cross ­examination is called Re-examination. The Re­-examination can be made to explain a matter stated in Examination ­in chief and if some new matter is narrated in Re­-examination the adverse party can again cross-examine about new matters. 

Want more clients? Register Here - free

The court heard this remark after the dismissal of the accused in the case of Uber Rape case, in which he demanded the re-call of the witnesses. The accused said that his lawyer was ineligible. 

Art of Cross Examination

The art of Cross Examination plays an important role in the trial of each and every case whenever the talent and hard work of the lawyer is involved to secure justice for their clients. To learn and perfect the art of cross examination a lawyer must observe others, read trial and deposition trans c r i p ts and by conducting the examination personally. A trial lawyer must adapt well to particular witnesses and different cases. 

 Cross examination of witness is the duty of every lawyer towards his client. It is the most efficacious test to discover the truth and to detect false statements made by the witnesses. Justice can be defeated if cross examination is not done properly.  Often, however, one needs to spend time with the witness to develop several critical points to counter the impact of the direct examination. Thus the preparation by a lawyer is very important before initiating a Cross-Examination of any witness. The lawyer should clearly bear in mind those points he or she wishes to make with that witness and frame them beforehand. These points should also be discussed with those who are assisting at trial. Patience is the virtue in Cross-Examination and judges must give chance to every party to Cross-Examine the other party’s witness. 

A lawyer should use leading questions (Section 141) i.e. “is that correct?” and “isn’t it a fact” etc. at the time of Cross-Examining of the witness because asking leading questions is perhaps the oldest rule of Cross-Examination.. Leading questions are effective because they essentially allow the Cross-Examiner to testify and the witness to ratify. The technique advances one of the important dynamics of the courtroom is control. Asking leading questions allows the Cross-Examiner to be forceful, fearless, knowledgeable and informative. 

The lawyer must also keep in mind while framing the questions that the questions asked during the Cross-Examination must be relevant to the issue related in the facts of the case. Indecent & scandalous questions can also be asked by the advocate at the time of Cross-Examination if they relate to the fact in issue. Most importantly questions intended to insult or annoy should be forbidden by the court even though the question may seem to be proper. 

The court which has authoritative power to decide the case can recall the witness for the Cross-Examination based on the facts and circumstances of that particular case. A summary procedure does not take away the rights of the parties to Cross-Examine as every party has to be given fair deal in the matter of Cross-Examination.  


Certain points to be considered by the lawyers during cross examination. The need for cross examination is to question the testimony of the witness before the judge, in favour of the client. But the reason why cross examination evolved as the one of the main part of lawsuit was because justice is based on truth. Cross examination helps the court, judges and jury to reach to the truth. The case will be presented to the utmost satisfaction of the judge if the attorney does the cross examination with these principles in mind, and that is how art of cross examination is understood and excellence is attained. 

Condonation of delay - Delay of 75 days in filing application for restoration of suit is not an


Condonation of delay - Delay of 75 days in filing application for restoration of suit is not an inordinate delay and ought to have been condoned by the trial Court. (2017(3) Civil Court Cases 728 (P&H)