Commercial Courts Can Record Cross-Examination Of Outstation Witnesses Through Video Conferencing: Delhi High Court
1 year, 2 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 and such witnesses are not inconvenienced, especially, if they are to travel from foreign countries,” Justice Prathiba M Singh said. “Moreover, in the case of overseas/outstation witnesses if for any reason such witnesses cannot travel and the reason is found to be genuine and bona fide, recordal of cross-examination, after following the prescribed procedure can also be permitted through video conferencing,” the court said. While dealing with two cross petitions filed by Inter Ikea Systems BV and Quess Corp Limited, Justice Singh said that unending filing of documents, producing a large number of witnesses, cross-examination over several hearings, unnecessary inconvenience being caused to witnesses especially coming from outstation or overseas etc.

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History of this topic

Recording of Prosecutrix's Testimony Through Two-Way Video Conferencing Not Adverse, No Denial Of Right To Fair Trial Of Accused: Delhi High Court
1 year ago

Recording of Prosecutrix's Testimony Through Two-Way Video Conferencing Not Adverse, No Denial Of Right To Fair Trial Of Accused: Delhi High Court

Live Law  

The Delhi High Court has observed that recording of testimony of a prosecutrix in sexual assault cases through “two-way video conferencing facility” is not adverse nor does it amount to denial of accused's right to fair trial or effective cross-examination. “This Court is of the view that the facility of video-conferencing through which the testimony of the prosecutrix can be …

Accused’s Right To Cross Examine Witness At More Higher Pedestal Under POCSO Act In View Of Harsh Punishment For Offences: Delhi High Court
1 year, 5 months ago

Accused’s Right To Cross Examine Witness At More Higher Pedestal Under POCSO Act In View Of Harsh Punishment For Offences: Delhi High Court

Live Law  

The Delhi High Court has observed that the right of an accused to cross examine a witness is at a “higher pedestal” under the POCSO Act in view of the serious nature of offences and harsh punishment prescribed under the statute. While granting an accused the opportunity to cross examine a prosecution witness in a POCSO case, Justice Tushar Rao …

Delhi High Court Directs District Courts To Permit Lawyers Or Parties To Appear Virtually Without Prior Request
1 year, 6 months ago

Delhi High Court Directs District Courts To Permit Lawyers Or Parties To Appear Virtually Without Prior Request

Live Law  

The Delhi High Court has directed all district courts in the national capital to permit any of the parties or their lawyers to appear through hybrid or video-conferencing mode during court proceedings, without any requirement of a prior request. As per a circular issued today, the full court of the High Court has issued various directions regarding the conduct of …

Delhi High Court Notifies Rules For Live Streaming Of Proceedings, Prohibits Unauthorised Sharing Or Recording By Public, Media
1 year, 11 months ago

Delhi High Court Notifies Rules For Live Streaming Of Proceedings, Prohibits Unauthorised Sharing Or Recording By Public, Media

Live Law  

The Delhi High Court has notified 'Streaming and Recording of Court Proceedings Rules of the High Court of Delhi, 2022' for “imbuing greater transparency, inclusivity and foster access to justice.”The Rules were notified in the official gazette on January 13. The Delhi High Court has notified 'Streaming and Recording of Court Proceedings Rules of the High Court of Delhi, 2022' …

Witness Must Not Be Re-Summoned In Sexual Offence Cases Where Cross Examination Conducted Extensively: Delhi High Court
2 years, 3 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 …

COVID-19: Delhi High Court To Continue Functioning In Hybrid Mode
2 years, 4 months ago

COVID-19: Delhi High Court To Continue Functioning In Hybrid Mode

Live Law  

Amid rising cases of Covid-19 in the national capital, the Delhi High Court has issued a circular for continuing courtroom hearings in hybrid mode until further orders.As per earlier office records issued by the Registrar of High Court, complete resumption of physical hearings had commenced from March 2, 2022. Amid rising cases of Covid-19 in the national capital, the Delhi …

Cross-Examination Cannot Encompass Questions Which Are Scandalous, Intend To Cause Humiliation To Witness: Delhi High Court
2 years, 4 months ago

Cross-Examination Cannot Encompass Questions Which Are Scandalous, Intend To Cause Humiliation To Witness: Delhi High Court

Live Law  

The Delhi High Court has observed that the cross-examination cannot encompass questions that are scandalous or intended to cause humiliation to the witness. Justice Asha Menon further observed that while there is a right to ask questions of a witness to impeach his creditworthiness, it cannot descend to harassment and humiliation of the witness.The Court added thus:"Thus, it is clear …

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, 5 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 …

Delhi High Court Seeks Report From District Judges Over Compliance Of Its Order To Permit Hybrid Hearings At Parties' Request
3 years ago

Delhi High Court Seeks Report From District Judges Over Compliance Of Its Order To Permit Hybrid Hearings At Parties' Request

Live Law  

The Delhi High Court on Monday called for a report from all the district judges, disclosing the details of the courts which were not complying with its direction to allow hybrid or video conferencing facility at the request of parties.The Division Bench comprising Justice Vipin Sanghi and Justice Jasmeet Singh was dealing with a plea filed by Anil Kumar Hajelay, …

Delhi High Court Issues Notice On Plea For Live Streaming Proceedings Of Pleas Concerning Same Sex Marriage
3 years ago

Delhi High Court Issues Notice On Plea For Live Streaming Proceedings Of Pleas Concerning Same Sex Marriage

Live Law  

The Delhi High Court today issued notice on an application seeking live streaming of proceedings in the case concerning recognition and registration of same-sex marriages in the country.The bench of Chief Justice DN Patel and Justice Jyoti Singh issued notice on being beseeched that the matter is of "national and constitutional importance".Senior Advocate Neeraj Kishan Kaul argued that. The Delhi …

Delhi High Court Directs City's Subordinate Courts To Strictly Adhere To Full Court's Directions Permitting Hybrid/ VC Hearings At Parties' Request
3 years, 1 month ago

Delhi High Court Directs City's Subordinate Courts To Strictly Adhere To Full Court's Directions Permitting Hybrid/ VC Hearings At Parties' Request

Live Law  

The Delhi High Court on Thursday directed all the city's subordinate courts to strictly adhere and comply to the directions passed by its Full Court permitting them to allow hybrid or video conferencing facility at the request of parties. Justice Vipin Sanghi and Justice Jasmeet Singh was dealing with a plea concerning the issue of district courts not permitting hybrid …

Establishment Of Vulnerable Witness Deposition Courtrooms: SC May Consider The Option Of Monitoring By HC Chief Justices To Ensure Compliance
3 years, 1 month ago

Establishment Of Vulnerable Witness Deposition Courtrooms: SC May Consider The Option Of Monitoring By HC Chief Justices To Ensure Compliance

Live Law  

In connection with the establishment of vulnerable witness deposition courtrooms in every district, the Supreme Court on Monday observed that it may consider requesting the Chief Justices of High Courts to monitor compliance with its 2017 judgment in State of Maharashtra v. Bandu on this behalf. The bench of Justices DY Chandrachud and AS Bopanna was hearing a Miscellaneous Application …

Delhi Court Allows Recording Of Evidence Through VC Mode In Compliance With Delhi High Court Video Conferencing Rules
3 years, 5 months ago

Delhi Court Allows Recording Of Evidence Through VC Mode In Compliance With Delhi High Court Video Conferencing Rules

Live Law  

A Delhi Court has recently allowed recording of evidence through videoconferencing mode on a mutual application moved on behalf of the parties.Stating that the aforesaid exercise will be done in accordance with the videoconferencing Rules framed by the Delhi High Court, Metropolitan Magistrate Devanshu Sajlan ordered thus:"The present matter is a '5-year-old'matter. A Delhi Court has recently allowed recording of …

Delhi High Court Stays Trial Court Proceedings In INX Media Case
3 years, 7 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 …

Lawyers Move Supreme Court Against Resumption Of Physical Hearing In Delhi Courts, Seeks For Hybrid System
3 years, 11 months ago

Lawyers Move Supreme Court Against Resumption Of Physical Hearing In Delhi Courts, Seeks For Hybrid System

Live Law  

Four advocates have moved the Supreme Court against the Delhi High Court's decision to resume large-scale physical hearing before itself and subordinate courts in Delhi with effect from January 18, without giving a choice to lawyers to appear through virtual mode.Advocates Kartik Nayar, Nancy Roy, Sanchit Jollyand Amit Bhagat are challenging the order of the Registrar General of the Delhi. …

Conduct Hearings Through Video Conferencing From Your Respective Homes: Delhi HC Recommends Judges of Trial Courts [Read Order]
4 years, 6 months ago

Conduct Hearings Through Video Conferencing From Your Respective Homes: Delhi HC Recommends Judges of Trial Courts [Read Order]

Live Law  

Delhi High Court has recommended the judicial officers of subordinate courts to continue hearing the urgent matters through video conferencing from their respective residences. The High Court, through its Committee for Preparation of Graded Action Plan, has recommended the judicial officers to come to court only when they do not have requisite technical infrastructure at their residences for conducting video …

SC Registry Sets up 'Video Conferencing Facilitation Rooms' In Delhi's Seven District Court Complexes
4 years, 6 months ago

SC Registry Sets up 'Video Conferencing Facilitation Rooms' In Delhi's Seven District Court Complexes

Live Law  

The Supreme Court Registry has set up Videoconferencing facilitation rooms in designated rooms of seven District Courts across Delhi so as to facilitate VC hearings for Advocates, Parties In Person and Litigants.The circular dated June 13 states,"It is notified for the information of all concerned that in compliance with the directions of Hon'ble the Chief Justice of India, the Registry,. …

The Concept Of Video Conferencing Is New But The Courts Have Risen To The Occasion: Delhi HC Notes While Disposing Of Plea Seeking Courts To Hear All Matters [Read Order]
4 years, 6 months ago

The Concept Of Video Conferencing Is New But The Courts Have Risen To The Occasion: Delhi HC Notes While Disposing Of Plea Seeking Courts To Hear All Matters [Read Order]

Live Law  

While disposing of a plea seeking courts to hear all matters, the Delhi High Court observed that the procedure of hearing matters through video conferencing is new to both the court and the counsel and each day throws a new challenge but that is not to say that the High Court and the Subordinate Courts have not risen to the …

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