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Thursday, November 30, 2017

IMPORTANT COURT TERMS

*🌹IMPORTANT COURT TERMS :-🌹*
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.
PENDING TRIAL CASE ( PT ) CASE
---------------------------------------
STAGE OF CASE
--------------------------------
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
TAKEN ON FILE
----------------------------
1. CC- Calender case
2. STC- Summery trial case
3. PRC- Priliminary register case
4. SC- Sessions case
5. JC- Journial case
ACCQUTAL CASE IN SECTION
-----------------------------------
255 Crpc In STC case
248 Crpc In CC case
235 Crpc In SC case
IMPORTANT Crpc SECTIONS IN TRIAL COURT
---------------------------------
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
days
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)
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THE WAY OF CROSS EXAMINATION: SR. ADV. RAM JETHMALANI, SC

 THE WAY OF CROSS EXAMINATION: SR. ADV. RAM JETHMALANI, SC

 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. 

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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.  

Conclusion

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

IMPORTANT JUDGEMENT

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) 

IMPORTANT DECISIONS (25.10.2017)*

*IMPORTANT DECISIONS (25.10.2017)*
*Arbitration award - Court not to reappraise material on record and substitute its own view in place of  Arbitrator's view. (2014(3) APEX COURT J 595 (S.C.)*
*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)*
*Contraband - Search by Inspector functioning as DSP but not holding post on regular basis - Search and seizure cannot be equated to status of Gazetted officer. (2014(1) Criminal Court Cases 051 (S.C.)*
*Death by poisoning - Viscera report - It is of vital importance - If viscera report is not received, concerned Court must ask for explanation and must summon concerned officer of FSL to give an explanation as to why viscera report is not forwarded to investigating agency/court. (2014(3) APEX COURT J 097 (S.C.)*
*Delay of 30 days in recording statement of PW2 - Delay not fatal  as testimony of PW2 completely corroborates the version of eye witness in all material details of incident particularly since there was change of investigating officer. (2017(3) Apex Court Judgments 030 (S.C.)*
*Dishonour of cheque - Examination of complainant as a witness is mandatory - Provision of S.145 of NI Act relating to evidence on affidavit does not relate to the stage before issuance of process u/s.204 Cr.P.C. - Cognizance taken on the basis of affidavit of complainant set aside. (2010(1) Civil Court Cases 206 (Rajasthan)*
*Gun shot - No scientific or medical evidence to corroborate version of PW1 in Court that bullet is still lodged in his chest - Nothing to indicate as to whether bullet was removed from the body of PW1 or not - Weapon of offence not recovered - Shell of fired cartridge not recovered from the spot - No blood found at the spot - Accused acquitted. (2017(3) Criminal Court Cases 585 (Delhi)*
*Illegal gratification - Enquiry by accused as to whether money had been brought or not - By no means constitute demand. (2017(3) Apex Court Judgments 073 (S.C.)*
*Rash and negligent driving - Failure to prove that it was accused who was driving the vehicle - Merely because accused was engaged as a driver of offending vehicle, ipso facto cannot be substitute for express proof of fact that vehicle infact was driven by accused at the time of accident - Accused acquitted. (2017(3) Criminal Court Cases 656 (H.P.)*
*Senior Citizens -  Appeal at the instance of daughter-in-law is maintainable. (2017(3) Civil Court Cases 807 (P&H)*

Difference between Contract and Agreement  

Difference between Contract and Agreement  

“All contracts are an agreement, but all agreements are not contracts” is an old statement which means that agreement is different from a contract. We may come across hundreds of agreement daily without knowing the fact that it may or may not bound us legally. Agreements which bind us legally are known as a contract. 

An agreement can be made without legal involvement whereas a contract needs to be legalized. Agreements are generally made are usually held by taking someone’s word and for small things. When there is an involvement of important issues where a promise cannot suffice then a contract is made. Even though contracts and agreements are used for the same purpose, a contract is said to be a professional agreement. 

There are different types of contracts which can be developed. Financing contract is one which created between a debtor and a lender. Contracts created between workers and the person who is paying them to complete a certain project is known as project management contract. Other types of contracts are building contracts, service contracts, and even marriage can be also considered marriage as contract. Agreements are differ from contract in that they are made on a personal understanding with a trust that a person will complete their half of the agreement. Agreements can also be made for the forgoing things; however it does not provide legal guarantee that other person should fulfill the agreement. Agreements are generally made between friends or family members and are similar to promises. Agreements can be broken as there are no legal repercussions. 

For a contract to become binding, there are certain essential elements that it must possess. It must demonstrate universal acceptance and also plausible. Whereas when an agreement is made, only a verbal acceptance by the parties involved is needed. Agreement can also be made if the stipulations are impossible. The parties are able to modify an agreement as they see fit and when they want. 

Agreements and contract are created with the same purpose. The difference lies in the formality of the contract and the personalization of an agreement. https://play.google.com/store/apps/details?id=com.advok8

Wednesday, October 25, 2017

Sc : How to use statement u/s.164 of CrPC and s.27 of Evidence Act?

Sc : How to use statement u/s.164 of CrPC and s.27 of Evidence Act?

IN THE SUPREME COURT OF INDIA
Suo Motu Writ (Crl.) No. 1 of 2017Decided On: 30.03.2017In Re: To Issue Certain Guidelines Regarding Inadequacies and Deficiencies in Criminal TrialsHon’ble Judges/Coram:  S.A. Bobde and L. Nageswara Rao, JJ.Citation: 2017 ALLMR(CRI)1747 SC1. During the course of hearing of Criminal Appeal No. 400/2006 and connected matters, Mr. R. Basant, learned Senior Counsel appearing for the Appellants-complainant, pointed out certain common inadequacies and deficiencies in the course of trial adopted by the trial court while disposing of criminal cases. In particular, it was pointed out that though there are beneficial provisions in the Rules of some of the High Courts which ensure that certain documents such as list of witnesses and the list of exhibits/material objects referred to, are annexed to the judgment and order itself of the trial court, these features do not exist in Rules of some other High Courts. Undoubtedly, the judgments and orders of the trial court which have such lists annexed, can be appreciatedmuch better by the appellate courts.2. Certain other matters were also pointed out by Mr. Basant, learned Senior Counsel for the Appellants-complainant, during the course of arguments. He made the following submissions:A. In the course of discussions at the Bar while considering this case, this Court had generally adverted to certain common inadequacies and imperfections that occurin the criminal trials in our country. I venture to suggest that in the interests of better administration of criminal justice and to usher in a certain amount of uniformity, and acceptance of best practices prevailing overvarious parts of India, this Court may consider issue of certain general guidelines to be followed across the board by all Criminal Courts in the country.B. The following areas may be considered specifically:1. The pernicious practice of the Trial Judge leaving the recording of deposition to the clerk concerned and recording of evidencegoing on in more thanone case in the same Court room, at the same time, under the presence and generalsupervision of the presiding officer has to be disapproved strongly and discontinued forthwith. A visit to Delhi Trial Courts anyday will reveal this sad state of affairs, I am given to understand.2. The depositions ofwitnesses must be recorded, in typed format, using computers, in Court, to the dictation of the presiding officers (in English wherever possible) so that readable true copies will be available straightaway and can be issued to both sides on the date of examination itself.3. The deposition of each witness must be recorded dividing it into separate paragraphs assigningpara numbers to facilitate easy reference to specific portions later in the course of arguments and in Judgments.4. Witnesses/documents/material objects be assigned specific nomenclature and numbers like PWs/DWs/CWs (1 onwards); Ext. P/Ext. D/Ext. C (1 onwards); MOs (1 onwards) etc., so that referencelater becomes easy and less time-consuming. Kindly see the Relevant RulesKerala Criminal Rulesof Practice 1982“Rule 62-Marking of exhibits.-(1) Exhibits admitted in evidence shall be marked as follows:(i) If filed by the prosecution, with capital letter P followed by a numeral P1, P2, P3etc.(ii) If filed by defence, with capital letter D followed by a numeral D1, D2, D3etc.(iii) If Court exhibits, with capital letter C followed by a numeral C1, C2, C3etc.(2) All exhibits marked by several Accused shall be marked consecutively.(3) All material objects shall be marked in Arabic numbers in continuous series, whether exhibited for the prosecutionor the defence or the Court as M.O. 1, M.O. 2, M.O. 3, etc”Andhra Pradesh Criminal Rules of Practice and Circular Orders, 1990“Rule 66-How witness shall be referred to Witnesses shall bereferred by their names or ranks as P.W.s., or D.W.s., and if the witnesses are not examined, but cited in the chargesheet, they should be referred by their names andnot by numbers allotted to them in the charge-sheet.”5. Every judgment must mandatorily have a preface showing the name of the parties and an appendix showing the list of Prosecutions Witnesses, Prosecution Exhibits, Defence Witnesses, Defence Exhibits, Court witnesses, Court Exhibits and Material Objects. Kindly see inter alia the Relevant Rules in the Kerala Criminal Rules of Practice, 1982.“Rule 132-Judgment to contain certain particulars.-The judgment in original decision shall, apart from the particulars prescribed by Section 354 of the Code also contain a statement in Tabular Form giving the following particulars, namely:Note.-(1) Date of complaint in column 9 shall be the date of the filing of the charge-sheet in respect of case instituted on police report and the date offiling of the complaintin respect of other case.(2) Date of apprehension in column 10 shall be the date of arrest.(3) Date of commencement of trial in column 13 shall be:(a) In summons cases, the date on which the particulars of the offence are stated to the Accused Under Section 251 of the Code.(b) In warrant cases instituted onpolice report, the date on which the documents Under Section 207 of the Code are furnishedto the Accused and the Magistratesatisfied himself of the same Under Section 238 of the Code.(c) In other warrant cases, when the recording of evidence is commenced UnderSection 244 of the Code.(d) In Sessions trials, when the charge is read out and explained to the Accused UnderSection 228 of the Code.“Rule 134-List of witnesses etc. to be Appended to Judgment.There shall be appended to every judgment a list of the witnesses examined by the prosecution and for the defence and by the Court and also a list of exhibits and material objects marked.”6. Once numbers are assigned to the accused, witnesses and exhibits, they be referred to, subsequently in the proceedings and in the judgments with the help of such numbers only. The practice of referring to the names of the accused/witnesses and documents descriptively in the proceedings paper and judgments creates a lot of confusion. Whenever there is need to refer to them by name theirrank as Accused/Witness must be shown in brackets.7. Repetition of pleadings, evidence, and arguments in the judgments and orders of the Trial Court, Appellate and Revisional Courts be avoided. Repetition offacts, evidence, and contentions before lower Courts make the judgments cumbersome, and takes away the precious time of the Court unnecessarily. The Appellate/Revisional Court judgment/orderis the continuation of the lower court judgment and must ideally start with ” in this appeal/revision, the impugned judgment is assailed on the following grounds” or “the points that arise for consideration in this appeal/revision are”. This does not of course, take away theoption/jurisdiction of the Appellate/Revisional Courts to re-narrate facts and contentions if they beinadequately or insufficiently narratedin the judgment. Mechanical re narration to be avoided at any rate.8. In every case file, ajudgment folder to bemaintained, and the first para in the appellate/revisional judgment to be numbered as the nextparagraph after the last para in the impugned judgment. This would cater to a better culture of judgment writing saving precious courttime.9. The healthy practice in some states of the Investigating Officer obtaining and producing (or the wound certificate/post mortem certificate showing) the front and rear sketch of thehuman torso showingthe injuries listed in the medical documents specifically, may be uniformly insisted. This would help the judges to have a clearer and surer understanding of the situs of the injuries.10. Marking of contradictions-A healthy practice of marking the contradictions/Omissions properly does not appear to exist in several States. Ideallythe relevant portions of case diary statement used for contradicting a witness must be extracted fully in the deposition. If the same is cumbersomeat least the opening and closing words of the contradiction in the case diary statement must be referred to in the deposition and marked separately asa Prosecution/Defence exhibit.11. The practice of omnibus marking of Section 164 statement of witness deserves to be deprecated. The relevant portion of such prior statements of living persons used for contradiction or corroboration Under Section 145/157 of the Evidence Act deserves to be marked separately and specifically.12. The practice of whole sale marking of confession statement of Accused persons for introduction of the relevant statement admissible Under Section 27 of Evidence Act deserves to be deprecated. Ideally the admissible portion and that portion alone, must be extracted in the recovery memos (Mahazar or Panch-different nomenclature used indifferent parts of the land) within inverted commas. Otherwise the relevant portion alone written separately must be proved by the Investigating Officer. Back door access to inadmissible evidence by marking the entire confession statement in the attempt to prove the admissible portion Under Section 27 of Evidence Act should be strictly avoided.13. The Trial Courts must be mandatorily obliged to specify in the judgment the period of set off Under Section 428 Code of Criminal Procedure specifying date and not leave it to be resolved later by jail authorities or successor presiding officers. The Judgments and the consequent warrant of committal must specify the period of set off clearly.3. In the circumstances, we direct that notices be issued to the Registrars General of all the High Courts, and the Chief Secretaries/the Administrators and the Advocates-General/Senior Standing Counsel of all the States/Union Territories, so that general consensus can be arrived at on the need to amend the relevant Rules of Practice/Criminal Manuals to bring about uniform best practices across the country. This Court may also consider issuance of directions Under Article 142 of the Constitution. They can be given the option to give suggestions also on other areas of concern.