Himachal law reporter (fortnightly)

Himachal Law Reporter (fortnightly)

 

Important Law Points:Unnecessary Adjournment of Case - Mandate of Section 309 of Code is required to be complied with .Unnecessary adjournment of case creates chances of pressure or threat upon prosecution witnesses.

2. Unnecessary Adjournment of Case -The trial courts must carry out the mandate of Section 309 of the Cr.P.C. as reiterated in judgments of this Court, in Vinod Kumar versus State of Punjab-(ii) The eye-witnesses must be examined by the prosecution as soon as possible-(iii) Statements of eye-witnesses should invariably be recorded under Section 164 of the Cr.P.C. as per procedure prescribed there under.

3.Statement of Eye Witnesses -Amendment in Section 164 of code- Statement of eye witnesses should be recorded by audio video electronic means.

4.Protection of Witness -In a criminal case trial court has to be mindful that for the protection of witness and also in the interest of justice the mandate of Section 309 of the Cr.P.C. has to be complied with and evidence should be recorded on continuous basis. If this is not done, there is every chance of witnesses succumbing to the pressure or threat of the accused.

5.Examination of Witnesses -Once examination of witnesses started, the court has to continue the trial from day to day until all witnesses in attendance have been examined.

6.Adjournments are Granted -Quite often such adjournments are granted to suit the convenience of the advocate concerned. It is clear that the legislature has frowned at granting adjournments on that ground. At any rate inconvenience of an advocate is not a “special reason” for bypassing the mandate of Section 309 of the Code.

7.Unnecessary Adjournment of Case - trial courts must carry out the mandate of Section 309 of the Cr.P.C.Eye-witnesses must be examined by the prosecution as soon as possible.Statements of eye-witnesses should invariably be recorded under Section 164 of the Cr.P.C. as per procedure prescribed there under .The High Courts may issue appropriate directions to the trial courts for compliance accordingly.

Revenue Entries-presumption of truth enjoyed by revenue entries occurring in the relevant revenue record is dis­placeable, nonetheless, the efficacy of the reflections occurring in the relevant revenue record would stand displaced, only by clinching evidence, unraveling qua the defendants holding possession of the suit land. 2896

* Review of  judgment-The fact that the decision on a question of law on which the judgment of the Court is based has been reversed or modified by the subsequent decision of a superior Court in any other case, shall not be a ground for the review of such judgment. (SC) 2617

* Review Petition-Code of Civil Procedure – order 47 Rule 1 – Review - scope and Ambit - The error has to be self-evident and is not to be found out by a process of reasoning. (SC) 2616

* Review Petition-Code of Civil Procedure – order 47 Rule 1 – Review - An application for  review, regard being had to its limited scope, has to be disposed of as expeditiously as possible. (SC) 2617

* Review-Applications for Review-We are obliged to observe certain aspects. An endeavour has to be made by the High Courts to dispose of the applications for review with expediency.(SC) 2617

* Revisional Power -The revisional power under the Rent Control Act may not be as narrow as the revisional power under Section 115 of the CPC but certainly it is not wide enough to make the High Court a second court of first appeal. 2708 

* Substantial Question of Law -Under S. 100 of Code of Civil Procedure substantial question or questions of law are required to be formulated, if they arise for consideration between the parties. Issue of jurisdiction which goes to the root of the case, if found involved has to be tried at any stage of the proceedings once brought to the notice of the Court. (SC) 2766 

* Substantial Question of Law-Second appeal- High Court cannot proceed to hear a second appeal without formulating the substantial question of law involved in the appeal and if it does so it acts illegally and in abnegation or abdication of the duty case on Court. The existence of substantial question of law is the sine qua non for the exercise of the jurisdiction under the amended Section 100 of the Code. (SC) 2661

 * Substantial Question of Law-Second appeal- In the absence of any substantial question of law arising in appeal, the same merits dismissal in limine on the ground that the appeal does not involve any substantial question of law within the meaning of Section 100. (SC) 2661

Advocacy-Suppression of material facts in the court of law is not an Advocacy 
Pleadings  no Substitute for Proof-It is settled law that pleadings in absence of proof cannot be made basis for deciding an issue in favour of a party.
Fair Trial - It is more than settled that every person has right to fair trial by competent Court in spirit of right to life and personal liberty. Concept of fair trial entails familiar triangulation of interest of accused, victim and the society.
Judgment – Concise statement – Civil Procedure Code - Order 20 Rule 4 (2) –Judgment shall contain a concise statement of case, the points for determination, the decision thereon, and the reasons for such decision. This is antithesis to pronouncement of non-speaking order.
Himachal Law Reporter (Fortnightly)
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