Communication By Advocate About An Order As Good As Production Of Certified Copy, Unless Strongly Rebutted: Calcutta HC [Read Judgment]
6 years, 9 months ago

Communication By Advocate About An Order As Good As Production Of Certified Copy, Unless Strongly Rebutted: Calcutta HC [Read Judgment]

Live Law  

The Calcutta High Court has observed that communication by an advocate about a court order is as good as production of certified copy of the order in question, unless strongly rebutted.An application seeking an opportunity to lead evidence was turned down by the trial court. The Calcutta High Court has observed that communication by an advocate about a court order is as good as production of certified copy of the order in question, unless strongly rebutted. This order was challenged before the high court that directed the applicant to appear on a returnable date and granted the petitioner liberty to pray for adjournment before the court below. Justice Sabyasachi Bhattacharyya, in his interim order, observed: “Since it is well-settled that communication by an advocate is as good as production of certified copy of the order in question, unless strongly rebutted, prima facie the trial court acted without jurisdiction in disbelieving such communication and disposing of the application in question on merits.” The court then ordered stay of all further proceedings in the ejectment suit.

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History of this topic

Madras High Court Issues Directions To Clear Backlog Of Cheque Bounce Cases In Magistrate Courts
1 month, 2 weeks ago

Madras High Court Issues Directions To Clear Backlog Of Cheque Bounce Cases In Magistrate Courts

Live Law  

Noting the pendency of cases under Section 138 of the Negotiable Instruments Act, the Madras High Court has issued a slew of directions for speedy of disposal of cases. “Judicial notice can be taken of the fact that cases under Section 138 of the Negotiable Instruments Act, 1881 are clogging the Magistrate Courts for years on account of various reasons. …

Calcutta High Court Pulls Up Lawyer's Juniors For 'Threatening' Dept To Admit Appeal Without Order Copy
4 months, 2 weeks ago

Calcutta High Court Pulls Up Lawyer's Juniors For 'Threatening' Dept To Admit Appeal Without Order Copy

Live Law  

The Calcutta High Court on Wednesday reprimanded a lawyer and his juniors for filing an appeal against a single judge order without either a server or certified copy of the order under challenge. A division bench comprising of Justice Hiranmay Bhattacharya had on an earlier occasion allowed the filing of the appeal without the certified copy of the order. On …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
1 year, 1 month ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

Lawyer-Client Privileged Communication; GST Dept. Can’t Issue Notice To Lawyer : Calcutta High Court
1 year, 6 months ago

Lawyer-Client Privileged Communication; GST Dept. Can’t Issue Notice To Lawyer : Calcutta High Court

Live Law  

The Calcutta High Court has held that the GST department cannot issue notice to the advocate appearing on behalf of the assessee.The bench of Chief Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya has observed that Sections 126 and 129 of the Evidence Act protect communications between a lawyer and a client made during the lawyer's employment. The Calcutta High …

Calcutta High Court Refuses To Recall Order Dismissing Commercial Suit Over Non-Appearance, Says Advocate Duty Bound To Make Alternative Arrangement
2 years ago

Calcutta High Court Refuses To Recall Order Dismissing Commercial Suit Over Non-Appearance, Says Advocate Duty Bound To Make Alternative Arrangement

Live Law  

The Calcutta High Court on Monday refused to recall its order of dismissal of a commercial suit and interlocutory application on the ground that plaintiff had not been diligent in proceeding as it did not appear before the court for three months after filing of the suit. In my view, the purpose and object of the Commercial Courts Act, 2015 …

Every Act Affecting Emotions Not Criminal: Calcutta High Court Quashes Proceedings Against DSP Accused Of Harassing During Department Enquiry
2 years ago

Every Act Affecting Emotions Not Criminal: Calcutta High Court Quashes Proceedings Against DSP Accused Of Harassing During Department Enquiry

Live Law  

The Calcutta High Court at Jalpaiguri recently quashed criminal proceedings under section 406 and section 420 of IPC against a DSP, Government Railway Police, on the ground that allegations made against the petitioner did not depict any cognizable offence under the said provisions. The single judge bench of Justice Rai Chattopadhyay observed: “Peculiarly enough in this case the complaint discloses …

No Agitation Within Court: Calcutta HC Orders In Contempt Case Against Protesting Lawyers, Criticizes Defamatory Posters Against Judge
2 years, 2 months ago

No Agitation Within Court: Calcutta HC Orders In Contempt Case Against Protesting Lawyers, Criticizes Defamatory Posters Against Judge

Live Law  

In a significant development, a three-Judge Bench of the Calcutta High Court on Tuesday issued a slew of directions restraining advocates from holding agitations within the court premises pertaining to the contempt case initiated by Justice Rajasekhar Mantha against the errant lawyers who had created a ruckus outside his courtroom on January 9. A Bench comprising Justices TS Sivagnanam, IP …

Madras High Court Requests Advocate General To Consider Invoking Vexatious Litigation (Prevention) Act Against Chennai Resident
2 years, 5 months ago

Madras High Court Requests Advocate General To Consider Invoking Vexatious Litigation (Prevention) Act Against Chennai Resident

Live Law  

The Madras High Court recently requested the Advocate General R Shunmugasundaram to consider passing appropriate orders under the Vexatious Litigation Act 1949 against a Chennai resident who is prima facie in the habit of filing vexatious litigations in different courts throughout the state.The bench of Justice Paresh Upadhyay and Justice D Bharatha Chakravarthy gave liberty to. The Madras High Court …

SC Orders Are To Be Given Effect In Letter & Spirit ; Cannot Be Treated As Paper Orders: Supreme Court
2 years, 6 months ago

SC Orders Are To Be Given Effect In Letter & Spirit ; Cannot Be Treated As Paper Orders: Supreme Court

Live Law  

The Supreme Court observed that its orders has to be given effect in letter and spirit and cannot be permitted to be treated as a paper order.In this case, the Supreme Court, in an order passed in 2016, directed that, in the event the defendant fails to pay the arrears, the evidence filed in the case shall be struck off …

CBI Director Doesn't Have Better Legal Acumen Than ASG: Calcutta HC Reiterates Proposal To Empower ASG To Give Opinion On Filing Appeals To Curb Delay
2 years, 9 months ago

CBI Director Doesn't Have Better Legal Acumen Than ASG: Calcutta HC Reiterates Proposal To Empower ASG To Give Opinion On Filing Appeals To Curb Delay

Live Law  

The Calcutta High Court on Wednesday reiterated its recommendation of amending the Crime Manual, 2022 of the Central Bureau of Investigation to empower the Additional Solicitor General of the High Court to give his opinion on filing appeals challenging court orders and on the basis of such an opinion, the zonal office of the CBI may be permitted to file …

Delay In Consideration Of Representations By Statutory Authorities Amounts To Dereliction Of Duty: Madras High Court
2 years, 9 months ago

Delay In Consideration Of Representations By Statutory Authorities Amounts To Dereliction Of Duty: Madras High Court

Live Law  

The Madras High Court recently observed that whenever complaints are made to the Statutory Authorities, they are expected to act upon the same and not keep it pending indefinitely. The authorities are expected to consider the matter on merits and pass appropriate orders in reasonable time.Justice MS Ramesh of the Madurai Bench observed as follows:"It is needless to point out …

Litigant Should Not Be Penalised For Advocate's Misconduct: Calcutta HC Condones 9 Yrs Delay In Filing Revision Plea, Imposes ₹10K Cost
2 years, 9 months ago

Litigant Should Not Be Penalised For Advocate's Misconduct: Calcutta HC Condones 9 Yrs Delay In Filing Revision Plea, Imposes ₹10K Cost

Live Law  

The Calcutta High Court on Thursday opined that a litigant should not be penalised for the misconduct of his advocate and accordingly allowed an application seeking condonation of delay of about 9 years and 4 months in filing the revision petition.The counsel appearing for the petitioner submitted before Justice Kaushik Chanda that the petitioner had not been informed by his …

'Contemptuous': Rajasthan High Court Expresses Displeasure Over Counsel Insisting Judge To Recuse From Hearing, Places Matter Before CJ
2 years, 11 months ago

'Contemptuous': Rajasthan High Court Expresses Displeasure Over Counsel Insisting Judge To Recuse From Hearing, Places Matter Before CJ

Live Law  

The Rajasthan High Court has opined that no counsel can insist a Judge to recuse from hearing a case, even if during the course of hearing, the court has commented on the merits of the case, which in the counsel's opinion are not favourable. Without making any further comment regarding conduct of the petitioner's counsel and deeming it appropriate to …

'Problem Being Faced On A Regular Basis': Calcutta HC Directs District Registrar To Ensure Supply Of Legible Copies When Application Is Made For Certified Copies Of Registered Documents
3 years ago

'Problem Being Faced On A Regular Basis': Calcutta HC Directs District Registrar To Ensure Supply Of Legible Copies When Application Is Made For Certified Copies Of Registered Documents

Live Law  

The Calcutta High Court has recently directed the District Registrar to ensure that legible copies are always provided when certified copies of a registered document is applied for otherwise the intervention of the Court will always be required for the supply of such legible copies. Subsequently, the petitioner had applied to the District Registrar to furnish a legible copy of …

"Lower Courts May Proceed Virtual Hearings On Listing Date In Absence Of Parties/Lawyers": Delhi High Court
4 years, 4 months ago

"Lower Courts May Proceed Virtual Hearings On Listing Date In Absence Of Parties/Lawyers": Delhi High Court

Live Law  

The Delhi High Court today notified in an order, modification of its earlier order dated 15.8.2020 and directed that all subordinate courts may now proceed with adequate proceedings in the absence of a party or advocate depending on the matter's urgency and other attending circumstances, if the party or advocate despite due intimation from the court about case listing fail …

Taking Screenshot Of Virtual Hearing Equivalent To Clicking Photo Of Actual Courtroom Proceeding: Calcutta HC Initiates Contempt Against Advocate [Read UPDATE- Contempt Proceedings Dropped]
4 years, 7 months ago

Taking Screenshot Of Virtual Hearing Equivalent To Clicking Photo Of Actual Courtroom Proceeding: Calcutta HC Initiates Contempt Against Advocate [Read UPDATE- Contempt Proceedings Dropped]

Live Law  

UPDATEThe Calcutta High Court on Tuesday dropped the contempt proceedings against the lawyer in this Case Taking a screenshot of. UPDATE The Calcutta High Court on Tuesday dropped the contempt proceedings against the lawyer in this Case Taking a screenshot of the virtual court proceedings is akin to clicking a photograph of an actual court proceeding, the Calcutta High Court …

Madras Bar Association Writes To HC Raising Grievances Faced By Lawyers In Present Filing & Listing System [Read Letter]
4 years, 8 months ago

Madras Bar Association Writes To HC Raising Grievances Faced By Lawyers In Present Filing & Listing System [Read Letter]

Live Law  

The Madras Bar Association on Wednesday wrote a letter to the High Court Chief Justice, highlighting various difficulties that are being faced by lawyers in the light of the present sitting and listing arrangements, and the modus of functioning of the Court as to hearing of cases. Through notifications dated July 3, the Madras High Court had intimated that hearing …

Calcutta HC Recommends Action Against District Judge For Material Irregularity In Judicial Order [Read Judgment]
5 years, 2 months ago

Calcutta HC Recommends Action Against District Judge For Material Irregularity In Judicial Order [Read Judgment]

Live Law  

In a notable development, the Calcutta High Court has recommended administrative action against a District Judge for material irregularity and impropriety in a judicial order. While considering the appeal filed against the order of the District Judge, a single bench of the Calcutta HC observed that the order was passed with material irregularities. The bench also noted the District Judge …

Power To Appreciate Evidence Cannot Be Relegated To Advocate Commission : Kerala HC [Read Judgment]
5 years, 3 months ago

Power To Appreciate Evidence Cannot Be Relegated To Advocate Commission : Kerala HC [Read Judgment]

Live Law  

The power of appreciation of evidence is vested in court alone, and it can never be relegated to an Advocate Commission, held the High Court of Kerala while dismissing an original petition filed against an order passed by a Family Court.The Family Court had dismissed an application filed seeking the appointment of an Advocate Commission to examine the contents of …

‘Co-Accused Was My Lay Client’: Calcutta HC Judge Recalls Order In Criminal Case [Read Order]
6 years, 4 months ago

‘Co-Accused Was My Lay Client’: Calcutta HC Judge Recalls Order In Criminal Case [Read Order]

Live Law  

‘Though it has nothing to do with the present criminal case, had this been brought to my notice, I would surely have recused myself then and there and not taken up the matter during vacation.’Justice Protik Prakash Banerjee of the Calcutta High Court has recalled an order he passed in a criminal revision petition on the ground that the co-accused …

‘Co-Accused Was My Lay Client’: Calcutta HC Judge Recalls Order In Criminal Case [Read Order]
6 years, 4 months ago

‘Co-Accused Was My Lay Client’: Calcutta HC Judge Recalls Order In Criminal Case [Read Order]

Live Law  

‘Though it has nothing to do with the present criminal case, had this been brought to my notice, I would surely have recused myself then and there and not taken up the matter during vacation.’Justice Protik Prakash Banerjee of the Calcutta High Court has recalled an order he passed in a criminal revision petition on the ground that the co-accused …

Courts Should Not Bow down To Browbeating By Litigants And Recuse Itself From Hearing Cases: Calcutta HC [Read Order]
6 years, 8 months ago

Courts Should Not Bow down To Browbeating By Litigants And Recuse Itself From Hearing Cases: Calcutta HC [Read Order]

Live Law  

A judge has to ensure that judicial process is insulated from scheming parties trying to circumvent the process by belated pleas of recusal, said a Calcutta High Court bench which was forced to undertake the “unsavoury” exercise of deciding a plea of its own bias stemming from its use of expression “ progress of trial ”.A bench of Justice Joymalya …

Communication By Advocate About An Order As Good As Production Of Certified Copy, Unless Strongly Rebutted: Calcutta HC [Read Judgment]
6 years, 9 months ago

Communication By Advocate About An Order As Good As Production Of Certified Copy, Unless Strongly Rebutted: Calcutta HC [Read Judgment]

Live Law  

The Calcutta High Court has observed that communication by an advocate about a court order is as good as production of certified copy of the order in question, unless strongly rebutted.An application seeking an opportunity to lead evidence was turned down by the trial court. The Calcutta High Court has observed that communication by an advocate about a court order …

Both Bar & Bench Commit Mistakes; Wrong Legal Advice Is Valid Ground To Condone Delay In Filing Written Statement: Calcutta HC
6 years, 9 months ago

Both Bar & Bench Commit Mistakes; Wrong Legal Advice Is Valid Ground To Condone Delay In Filing Written Statement: Calcutta HC

Live Law  

The Calcutta High Court has observed that wrong advice of advocate can be considered as sufficient ground to condone the delay in filing the written statement.Justice Sabyasachi Bhattacharyya made this observation while setting aside a trial court order that rejected a petition to accept that a written statement was rejected, primarily on the premise that ignorance of law and wrong …

Incorrect Reporting Of Court Orders Affects People’s Perception Of The Existence of The Rule Of Law: Bombay HC at Goa [Read Judgment]
6 years, 10 months ago

Incorrect Reporting Of Court Orders Affects People’s Perception Of The Existence of The Rule Of Law: Bombay HC at Goa [Read Judgment]

Live Law  

Unfortunately, many do not read the orders of the Court available on the Court websites, and go by the incorrect reports, the Bench said.The Bombay High Court at Goa observed that incorrect reporting of court orders affect the perception of people in the existence of the Rule of law and affect the administration of justice in the long run.South West …

Incorrect Reporting Of Court Orders Affects People’s Perception Of The Existence of The Rule Of Law: Bombay HC at Goa [Read Judgment]
6 years, 10 months ago

Incorrect Reporting Of Court Orders Affects People’s Perception Of The Existence of The Rule Of Law: Bombay HC at Goa [Read Judgment]

Live Law  

Unfortunately, many do not read the orders of the Court available on the Court websites, and go by the incorrect reports, the Bench said.The Bombay High Court at Goa observed that incorrect reporting of court orders affect the perception of people in the existence of the Rule of law and affect the administration of justice in the long run.South West …

Calcutta HC Admonishes Litigant Who Filed Writ Petition Against Its Sitting Judges [Read Judgment]
7 years, 2 months ago

Calcutta HC Admonishes Litigant Who Filed Writ Petition Against Its Sitting Judges [Read Judgment]

Live Law  

The court should not permit any litigant to initiate a proceeding on disparaging, scurrilous and intemperate remarks against the judges and such person should be dealt with seriously, the court said.The Calcutta High Court recently admonished a man who filed a writ petition against its sitting judges and their conduct in dealing with the cases filed by him.Justice Harish Tandon, …

Writing 50 pages order for dismissing Appeal in limine by High Court, itself shows there are arguable points: SC [Read Judgment]
8 years, 8 months ago

Writing 50 pages order for dismissing Appeal in limine by High Court, itself shows there are arguable points: SC [Read Judgment]

Live Law  

Supreme Court of India has re-iterated that a right to file first appeal against the decree under Section 96 of the Civil Procedure Code is a valuable legal right of the litigant. The Bench was hearing an Appeal filed by Union of India against the final judgment of High Court of Karnataka whereby the High Court dismissed the appeal filed …

SC soon will lay a law whether accused has right to recall witness or not- India TV News
9 years, 11 months ago

SC soon will lay a law whether accused has right to recall witness or not- India TV News

India TV News  

Will lay down law on whether accused has right to recall witness: SC New Delhi: The Supreme Court today said that it will lay down a law as to whether an accused has got the right to get witnesses recalled for their re-examination in a criminal case.“We are New Delhi: The Supreme Court today said that it will lay down …

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