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Tuesday, June 23, 2020
രാജ്യത്തെ കോടതികൾ ഇ-ഫയലിംഗിലേക്ക് മാറുകയാണ്
Thursday, March 12, 2020
Filings in Supreme Court to be made in A4 size from April 1 onwards
Filings in Supreme Court to be made in A4 size from April 1 onwards [Read Circular]
The circular has been issued in the interest of bringing about uniformity in filings, as well as to reduce the consumption of paper in environmental interest.
After issuing directions in this regard for administrative side filings earlier this year, the Supreme Court has now issued a circular intimating that judicial side filings should be made in A4 size paper, of the prescribed quality, with printing on both sides from April 1 onwards
The circular issued to this effect, dated March 5, also states that Court Registry communications to Advocates-on-Record would thereafter be made only electronically.
The circular has been issued in the interest of bringing about uniformity in filings, as well as to reduce the consumption of paper in environmental interest.
It has intimated that the following changes will take effect starting from April 1, this year:
Superior quality of A4 size paper, the dimensions of which have been specified in the circular, is to be used in pleadings, petitions, affidavits and other documents filed in the Supreme Court. The dimensions of the font to be used for the printed text as well as margin size has also been specified in the circular.
All communications from the Court Registry to the Advocates-on-Record concerned will be send by e-mail, followed by an SMS alert. The circular specifies, “the practice of sending the communication through hard copy shall be discontinued by the Registry.”
Miscellaneous applications, review petitions, curative petitions and contempt petitions in disposed of matters may be accepted by the Court registry in a 1+1 format - i.e. 1 set of original papers + 1 paperback. After the defects are cured, the rest of the paperbacks shall be filed
A common index shall be placed in the first volume incase there is more that one volume in a matter. A separate index of each volume shall be placed in the respective volume (s)
On January 14, the Court had issued a circular informing that such measures will be implemented on the administrative side. It had stated,
“With a view to bring uniformity about use of paper in day-to-day working on the administrative side, to minimise consumption of paper and consequently to save the Environment, Hon’ble the Chief Justice of India has been pleased to direct that henceforth, the Registry shall use A4 size paper (on both sides) for internal communications at all levels in the Registry.”
January 14 Circular
The circular further urged that sincere and earnest efforts must be made for the economical consumption of paper, by using both sides of the papers, while also ensuring that the content is legible on both sides.
At the time, however, it was intimated that all pleadings and other documents filed in the Registry on the judicial side would continue to be governed by the Supreme Court Rules of 2013.
Last month, however, the Court allowed the filings to be made in A4 size and with print on both sides. The decision was taken following a meeting of the judges of the Committee of rationalisation of use of papers with members of the Supreme Court Bar Association (SCBA) and the Supreme Court Advocates on Record Association (SCAORA).
[Read the Circulars issued]
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Sunday, December 15, 2019
quid pro quo
Quid pro quo is a Latin phrase used in English to mean an exchange of goods or services, in which one transfer is contingent upon the other; "a favour for a favour". Phrases with similar meanings include: "give and take", "tit for tat", and "you scratch my back, and I'll scratch yours" and "one hand washes the other".
TIPS FOR JUNIORS ............( APPOINTED AS ADVOCATE COMMISSIONER )
IMPORTANT JUDGMENT ON VAKALATNAMA
In one of its ongoing requests, the Bombay High Court has forced expenses of ₹10, 000 on three candidates after they were not able clarify a produced thumb impact on the Vakalatnama for their situation.The Court additionally guided its library to record a criminal objection in the issue.
It thus observed,
"It is trite that a person seeking equitable relief from the Court must approach the Court with clean hands. If the Court finds that such a person has not approached the Court with clean hands and has taken resort to means which are highly questionable, not only would he be dis-entitled to any relief from the Court but would also be liable to face such other action as is contempt in law, more particularly under the Indian Penal Code."
The order came out when the Court was hearing a writ plea filed by four petitioners seeking to quash an order by an Additional Collector (Encroachment/Eviction) and a High-Power Committee of the State Government
The Court noted that the petitioners, this year had sought to withdraw their plea.However, one of the respondents, through Learned Counsel pointed out that the fourth petitioner, Rakesh Thomas Jadhav, was not a resident of India and that he had not given instructions to file the present plea on his behalf.Then also, his name was incorporated in the list of Petitioners.To support this, a thumb impression stated to be his was embossed on the Vakalatnama. Learned Counsel further submitted that the petitioner had earlier put the signature on a complaint before the Police.It was noted that if the petitioner could sign on the complaint before the Police, it was unlikely that he would put a thumb impression on the Vakalatnama.Finding substance in the arguement, the Court directed that the remaining three petitioners to explain why the fourth petitioner had only affixed his thumb impression on the Vakalatnama when his signature on the Police complaint clearly indicated that he wasn't an illiterate person and that he was capable fo signing documents.The Court wasn't satisfied with the replies submitted by the petitioners.This is one of the top most legal judgements in India.
Therefore, in the end, it concluded that the petition was filed on behalf of the fourth petitioner without his instructions or by forging his thumb impression on Vakalatnama.The Court observed on this,"Court is of the view that Petitioners have not only not approached the Court with clean hands but their conduct appears to be contumacious as well, besides attracting relevant provisions of the Indian Penal Code."
Wednesday, October 2, 2019
summation
Definition of summation
1: the act or process of forming a sum : ADDITION
3: cumulative action or effectespecially : the process by which a sequence of stimuli that are individually inadequate to produce a response are cumulatively able to induce a nerve impulse
4: a final part of an argument reviewing points made and expressing conclusions
Sunday, September 29, 2019
The Witness Protection Scheme, 2018 has been approved by the Supreme Court in its landmark judgement of Mahendra Chawla v. Union of India,
The Witness Protection Scheme, 2018 has been approved by the Supreme Court in its landmark judgement of Mahendra Chawla v. Union of India, making it the first attempt to bring the protection of witness under the ambit of law and putting the responsibility on the State to implement it effectively.
HIGHLIGHTS
Supreme Court approved the government's draft Witness Protection Scheme
States have been asked to follow the draft rules until a law is made
The scheme prescribes a number of measures to be taken to protect a witness
The Supreme Court today gave its seal of approval to a draft witness protection plan prepared by the government. The plan, called the Witness Protection Scheme, will have to be implemented by all states, except Jammu and Kashmir (which has a separate constitution), until Parliament turns the draft into law, the Supreme Court ruled today.
A Supreme Court bench headed by Justice A K Sikri said it has made some changes to the draft plan, which has been prepared by the Centre in consultation with the states.
The hearing in the Supreme Court today was on a petition that had sought protection for witnesses in the rape cases involving Asaram Bapu. (Witnesses in those cases have come under sometimes fatal attacks.)
During a previous hearing, the government had told the Supreme Court that it had formed a draft witness protection scheme that would be turned into a law "in due course".
Until then, the government said, the Supreme Court could ask states to follow this draft scheme.
Today, the Supreme Court did just that, asking states to follow the draft Witness Protection Scheme until it is made into a law.
According to a previous draft published by the government, the Witness Protection Scheme allows for various measures that must be undertaken in order to protect people who appear as witnesses in criminal cases.
This could range from ensuring that witnesses do not come face-to-face with the accused to giving them close proximity protection.
Some of the other protective measures include monitoring of mail and phone calls, change of phone number, installation of CCTV cameras at the witness's home and concealment of identity.
In exceptional cases, the government can also help change a witness's identity.