Anurag Mittal
02 April 2014 at 16:25
Advocate X files a Quashing Petition at High Court and files his Vakalatnama.
Can Advocate Y colleague of Advocate X argue during the hearing of the said Quashing Petition When neither his Valatnama is filed Nor his name is there in the Vakaltnama Filed by Advocate X?
Does the Answer to the Above Query Changes if Advocate Y is a Designated Senior Advocate?
Anurag Mittal
20 March 2014 at 13:06
Where does one File Appeal Against Order Passed by a Single Bench of High Court in Civil Misc Main Application ( Family Court Proceedings ).
Does a Letter Patent Appeal is to be Filed for Review before a Double Bench of a High Court?
Or Only Option is SLP with Supreme Court?
Anurag Mittal
19 March 2014 at 16:27
In civil family court proceedings can one of the parties conceal the Change in address of residence due to transfer of job of residence and does not inform of the present address and continues to mention present address only.
Anurag Mittal
19 March 2014 at 16:24
A Criminal Complaint is pending at MM court at Pre summoning evidence stage . Complainant has summoned witness to lead his pre summoning evidence. No Summoning of the accused has yet happened; but the Accused just to Obstruct and Intervene conducts file inspection, takes Certified Copies of the entire complaint case docket and orders from trial court record and approaches the High Court praying for Quashing of the Complaint.
Is this Quashing Petition Maintainable or needs to be dismissed; rather the Filing section at High Court itself should flag objections that there is No Summoning as Yet as such this is not to be listed.
Further the act of obtaining certified copies of the complete complaint and interim orders from trial court by the accused when still no summoning has happened; is this not Fraud on the part of the accused / his lawyer?
Anurag Mittal
17 March 2014 at 13:46
Can in view of visible prejudice substantiated by documentary evidence and reckless non compliance of statutory provisions by Family Court- be a ground to File a Writ Petition at High Court.
2. Can in the above case , instead of making the party as respondent and then praying for directions to the Principal Judge , Can Family Court itself be made a respondent in the writ petition and then necessary directions be prayed from the HC to be given to Family Court - Principal Judge to conduct the proceedings per law and also to hear and record the contentions of the petition as the petitioner is aggrieved that his submissions are not recorded in completeness though even minor submissions of the opposite party are recorded in complete.
Anurag Mittal
17 March 2014 at 08:11
In civil matrimonial proceedings at Family Courts can the Issues be Framed and Matter proceeded with Without Admission - Denial of Documents?
Can the justification that Admission - Denial of Documents can be done at the time of Cross Examination itself by confronting the witness with documents and as such there is no need for Admission Denial of Documents prior to framing of issues?
Anurag Mittal
17 March 2014 at 08:09
1.In Civil matrimonial proceedings at Family Courts, Can the Issues be Framed without Deciding on the Preliminary Issues raising objections on the maintainability of the petition itself.
Anurag Mittal
09 March 2014 at 10:55
Justice Sh.S.N.Dhingra in a landmark Order during his tenure ; had strongly advocated for Audio Video recording of Court Proceedings for Transparency and Accountability. Has the suggestion of Justice been Implemented so for? and have any of the Panelists at this website made use of Audio Video recordings during court proceedings? Is there any timelines , proposals, policy in the knowledge of any of the Experts by when Audio Video proceedings will be implemented as just like False written pleadings there are many a times false oral pleadings made during court sessions but in view of no audio video recordings the prejudice, bias and false oral submissions cannot be accounted for. Your Inputs?
Anurag Mittal
06 March 2014 at 09:32
Section 35A (b) provides for a limit of Rs.3,000 that can be imposed or less than Rs.3,000.
In view of the above in routine court proceedings while dismissing an application under section 151 Cpc, can the Courts impoe a costs of Rs.5,000 payable to Legal Aid higher than the limited prescribed under Section 35(A)(b) CPC.
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Repetition of evidence at pre charge stage:
In a criminal complaint case - Complainant had led and recorded his detailed Pre Summoning Evidence, also filed documents at Pre summoning Stage Evidence to substantiate his Complaint. Written Arguments were also filed and Oral Arguments als made. Post the Aforesaid Summoning Orders were Issued against the accused. Instead of asking the accused to apply - move bail application; matter ( citing reason - logic that accused is appearing on dates !!!) was listed for Pre Charge Evidence.
Is the Complainant again required to Repeat Re Record the Same Evidence that is already tendered at Pre Summoning Stage?
Will this not delay and amount to duplication of Evidence?