Document Admitted Or Denied By Witness During Cross Examination Cannot Be Returned, Has To Be Necessarily Placed On Court File: Delhi High Court
2 years, 8 months ago

Document Admitted Or Denied By Witness During Cross Examination Cannot Be Returned, Has To Be Necessarily Placed On Court File: Delhi High Court

Live Law  

The Delhi High Court has observed that if a document produced during cross-examination of a witness is admitted or denied by the said witness, such a document cannot be returned and has to be necessarily placed on the Court file.Justice Mini Pushkarna was dealing with an application filed on behalf of the plaintiffs in the civil suit under Section 151 of CPC for allowing them to place on. The Delhi High Court has observed that if a document produced during cross-examination of a witness is admitted or denied by the said witness, such a document cannot be returned and has to be necessarily placed on the Court file. The plaintiffs thus moved the High Court seeking permission to place on record 'returned envelopes' which were received back by them with the return remarks. If the document produced during cross-examination of a witness is admitted or denied by the said witness, in either case the document cannot be returned and has to be necessarily placed on the Court file."

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History of this topic

Accused Can't Be Denied Certified Copy Of Documents Forming Part Of Chargesheet After Commencement Of Trial: Delhi High Court
1 week, 5 days ago

Accused Can't Be Denied Certified Copy Of Documents Forming Part Of Chargesheet After Commencement Of Trial: Delhi High Court

Live Law  

The Delhi High Court has ruled that an accused cannot be denied the certified or attested copy of documents forming part of the chargesheet after commencement of trial. While granting relief to two accused persons, Justice Vikas Mahajan said: “Even assuming that copy of the hard disk in question was supplied to the accused persons at the stage of Section …

Delhi High Court Upholds Trial Court Order Allowing Accused's Plea To Preserve Call Detail Records, Location Data Of CBI Officers
3 weeks, 3 days ago

Delhi High Court Upholds Trial Court Order Allowing Accused's Plea To Preserve Call Detail Records, Location Data Of CBI Officers

Live Law  

The Delhi High Court has observed that a Trial Court's order allowing the application of an accused for preservation of Call Detail Records and location data of CBI officers and independent witnesses is an 'interlocutory order' and thus a revision petition under Section 397 CrPC challenging the order is not applicable. It argued that the Trial Court's order prejudiced the …

Supreme Court rules against directing legislature on law enactment
1 month, 2 weeks ago

Supreme Court rules against directing legislature on law enactment

Hindustan Times  

The Supreme Court on Friday said the courts could not direct the legislature to enact a law in a particular manner. In a writ jurisdiction, neither the high courts nor the Supreme Court can direct the legislature to enact a law in a particular manner," the bench said, while refusing to hear the plea. The petitioner's counsel said Section 230 …

Delhi High Court Directs Family Courts To Complete Witness Cross Examinations Expeditiously Without Embarrassment To Parties
3 months ago

Delhi High Court Directs Family Courts To Complete Witness Cross Examinations Expeditiously Without Embarrassment To Parties

Live Law  

The Delhi High Court has recently directed all the Family Courts in the national capital to ensure that the cross-examinations of witnesses are completed as expeditiously as possible, without causing any undue harassment or embarrassment to the parties.A division bench comprising of Justice Rekha Palli and Justice Saurabh Banerjee observed that the Family Courts should ensure that the. The Delhi …

Delhi High Court Orders Mandatory E-Filing For Civil & Criminal Cases In District Courts, Digitisation Of Records Of Decided Cases
1 year, 2 months ago

Delhi High Court Orders Mandatory E-Filing For Civil & Criminal Cases In District Courts, Digitisation Of Records Of Decided Cases

Live Law  

The Delhi High Court has recently ordered that e-filing of pleadings, documents and interim applications be made mandatory in the civil jurisdictions and criminal complaint cases before all the District Courts in the national capital.Directing that the “Centralised Filing System” for filings related to ongoing and pending cases be implemented in all the District Courts, a division bench. The Delhi …

Commercial Courts Can Record Cross-Examination Of Outstation Witnesses Through Video Conferencing: Delhi High Court
1 year, 5 months ago

Commercial Courts Can Record Cross-Examination Of Outstation Witnesses Through Video Conferencing: Delhi High Court

Live Law  

The Delhi High Court has said that commercial courts can permit recording of cross-examination of overseas or outstation witnesses, who cannot travel due to any reason, through video conferencing after following the prescribed procedure, if the reason is found to be genuine and bona fide. “This would ensure that cross-examination of witnesses is not conducted in a never ending manner …

Delhi High Court Directs District Judges To Ensure Records Of Disposed Cases Are Immediately Transmitted To Record Room
1 year, 5 months ago

Delhi High Court Directs District Judges To Ensure Records Of Disposed Cases Are Immediately Transmitted To Record Room

Live Law  

The Delhi High Court has directed all the District Judges in the national capital to ensure that after disposal of a case, its records are immediately transmitted to the record room. A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula was dealing with a public interest litigation concerning the lack of standardised procedure for the acknowledgment …

DHJS Exam 2022 : Supreme Court Sets Aside Delhi HC Order Allowing Re-Evaluation Of Answer Sheet
1 year, 8 months ago

DHJS Exam 2022 : Supreme Court Sets Aside Delhi HC Order Allowing Re-Evaluation Of Answer Sheet

Live Law  

The Supreme Court recently set aside an order of the Delhi High Court that permitted re-evaluation of the answer script of a candidate for the Delhi Higher Judicial Main Examination 2022 on the ground that there was no ‘material error’ warranting interference.The Delhi High Court had allowed re-evaluation of question No.9 of Law Paper-I of the candidate, after his representation …

Person In Whose Custody The Goods Are Found To Produce Information Within A Reasonable Time: Delhi High Court
1 year, 11 months ago

Person In Whose Custody The Goods Are Found To Produce Information Within A Reasonable Time: Delhi High Court

Live Law  

The Delhi High Court has held that it would be open for a person found in the custody of goods to produce the relevant information in its possession with respect to the goods within a reasonable time on being required to do so by the Commissioner.The bench of Justice Vibhu Bakhru and Justice Amit Mahajan has observed that none of …

Witness Must Not Be Re-Summoned In Sexual Offence Cases Where Cross Examination Conducted Extensively: Delhi High Court
2 years, 6 months ago

Witness Must Not Be Re-Summoned In Sexual Offence Cases Where Cross Examination Conducted Extensively: Delhi High Court

Live Law  

The Delhi High Court has observed that where a cross examination has been conducted extensively, it would be against the mandate of law to re-summon the witness especially in a case of sexual offence.Observing that the right to fair trial is a constitutional goal and a fundamental right of every individual, Justice Swarana Kanta Sharma said that where evidence sought …

Re-Examination Can't Be Used To Give Chance To Witness To Undo Statement Made In Cross Examination & Fill Lacunae In Evidence: Delhi High Court
2 years, 9 months ago

Re-Examination Can't Be Used To Give Chance To Witness To Undo Statement Made In Cross Examination & Fill Lacunae In Evidence: Delhi High Court

Live Law  

The Delhi High Court has observed that the opportunity of re-examination cannot be used to give a chance to a witness to undo its statement made in cross-examination and fill in the lacunae in evidence.Justice Amit Bansal was dealing with a suit filed seeking to injunct the defendants, who were occupants, from unlawfully entering any part of the first floor …

Delhi High Court Issues Practice Directions To Ensure Service Of Counter Affidavit To All Respondents In Cases Involving More Than One Respondents
2 years, 10 months ago

Delhi High Court Issues Practice Directions To Ensure Service Of Counter Affidavit To All Respondents In Cases Involving More Than One Respondents

Live Law  

The Delhi High Court has issued practice directions to the effect that in cases involving more than one respondents, if any counter affidavit is sought to be filed by any of them, the same shall not be taken on record till copies thereof are served not only on the counsel for the petitioner but also on the counsel appearing for …

Failure To Supply Of "Legible Copies" Of Documents Relied Upon Despite Request By Detenu Renders Detention Order Illegal: Delhi High Court
2 years, 10 months ago

Failure To Supply Of "Legible Copies" Of Documents Relied Upon Despite Request By Detenu Renders Detention Order Illegal: Delhi High Court

Live Law  

The Delhi High Court has observed that a detention order passed by the Detaining Authority based on "illegible" copies of documents suffers from non-application of mind and is liable to be quashed.It added that a further failure and non-supply of legible copies of all documents to the Detenu, despite request and representation, renders the order of detention illegal and bad …

CPC Order VIII Rule 1| Belated Filing Of Documents By Defendant Not Permissible Without Leave Of Court: Delhi High Court
3 years, 2 months ago

CPC Order VIII Rule 1| Belated Filing Of Documents By Defendant Not Permissible Without Leave Of Court: Delhi High Court

Live Law  

The Delhi High Court recently reiterated that "provisions of Order VIII Rule 1 CPC make it clear that a document which ought to be produced in Court by the defendant under this rule, but, is not so produced shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit". It …

Doorstep Delivery Of Certified Copies From Delhi District Courts: Whether An Experience Of Reality Or Aberration?
3 years, 5 months ago

Doorstep Delivery Of Certified Copies From Delhi District Courts: Whether An Experience Of Reality Or Aberration?

Live Law  

The adjournments, for whatever reason, have been an Achilles' heel for the litigant, if not alone for the justice system. The learned counsels, party-in-persons, other litigants etc., who have experienced the process of filing application seeking the provision of certified copies till its actual receipt, must be well-aware of the difficulties and ignominy one has to face, in encountering 'Next …

Delhi High Court Stays Trial Court Proceedings In INX Media Case
3 years, 10 months ago

Delhi High Court Stays Trial Court Proceedings In INX Media Case

Live Law  

The Delhi High Court on Tuesday stayed the trial court proceedings in the INX Media case in CBI's plea seeking setting aside of order passed by the trial court directing CBI to supply copies documents collected or statements recorded by the investigating agency during the course of investigation to the accused persons.A single judge bench comprising of Justice Suresh Kumar …

Delhi HC Allows Advance Service Of Paper Book Via Email In Cases Under Ordinary Original Civil jurisdiction
5 years, 3 months ago

Delhi HC Allows Advance Service Of Paper Book Via Email In Cases Under Ordinary Original Civil jurisdiction

Live Law  

The Delhi High Court has announced that a service of advance copy of paper-book to the opposite party via email will be an accepted form of service While filing fresh suit/arbitration or other filings in the Ordinary Original Civil jurisdiction. The notification issues in this behalf read as follows: "While filing fresh suit/arbitration or other filings in the Ordinary Original …

Delhi HC Issues Directions For Acknowledging The Service Of Copies: Court Clerks Violating Rules Will Be Punished [Read Order]
5 years, 6 months ago

Delhi HC Issues Directions For Acknowledging The Service Of Copies: Court Clerks Violating Rules Will Be Punished [Read Order]

Live Law  

Delhi High Court has passed directions in order to curb the wastage of valuable court time due to confusions regarding the serving of copies to the other party. In order to remedy the confusion that is created around the service of copies amongst the parties and the court clerks, Justice Pratibha Singh issued the following directions: The acknowledgement of advance …

Defence Evidence: Application U/S 243CrPC Cannot Be Rejected Unless It Is Vexatious, Delayed or Would Defeat The Ends of Justice:Delhi HC
5 years, 8 months ago

Defence Evidence: Application U/S 243CrPC Cannot Be Rejected Unless It Is Vexatious, Delayed or Would Defeat The Ends of Justice:Delhi HC

Live Law  

Delhi High Court has recently observed that issuing process for an application filed under section 243 of the Cr.P.C by the Trial Court was obligatory unless for reasons recorded, it is held that such application is vexatious, delayed or defeats the ends of justice. The order came based on a petition filed against a judgment of a Trial Court which …

Delhi HC Suggests Digital Recording Of Witness Statements And Recoveries In Addition To Existing Mechanism Under CrPC [Read Order]
6 years, 7 months ago

Delhi HC Suggests Digital Recording Of Witness Statements And Recoveries In Addition To Existing Mechanism Under CrPC [Read Order]

Live Law  

Delhi High Court on Monday issued notice to the Centre and the Delhi Government, while suggesting digital recording of witness statements and effecting recovery by the Delhi Police.The suggestion was given by a Bench comprising Justice Vipin Sanghi and Justice IS Mehta after considering an action taken report filed on behalf of the Delhi Police. Delhi High Court on Monday …

Family Courts Should Not Close Right To File Written Statement/ Lead Evidence/ Cross Examination In Undue Haste: Delhi HC [Read Judgment]
6 years, 9 months ago

Family Courts Should Not Close Right To File Written Statement/ Lead Evidence/ Cross Examination In Undue Haste: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court recently cautioned Family Courts against closing the "valuable" right to file a written statement or to lead evidence or to cross-examine any witness in undue haste.Justice J.R. Midha highlighted the importance as well as difficulty in ascertaining the truth in matrimonial litigations, and observed, "This Court is of the view that it is the duty of …

National Herald case: Delhi HC sets aside trial court orders on documents
8 years, 8 months ago

National Herald case: Delhi HC sets aside trial court orders on documents

Live Mint  

New Delhi: In a setback to the Bharatiya Janata Party, the Delhi high court on Tuesday set aside two orders of the trial court related to summoning of documents for trial proceedings in the National Herald case. Young Indian along with others on trial had sought quashing of two orders passed by a trial court in Delhi summoning the 2010-11 …

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