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The Honorable Supreme Court in a landmark judgment issued 12 directions for speedy trial of civil cases in Courts at district and taluka levels. The courts at district and taluka levels were directed to ensure timely execution of summons, filing of written statements, and completion of pleadings. Post-pleadings, parties are to attempt ADR or proceed…
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The Supreme Court issued comprehensive directions to eliminate manual sewer cleaning, enforce accountability, and improve compensation and rehabilitation for victims. This includes phased eradication, enforcing Union guidelines, and increasing death compensation to 30 lakhs with a minimum of 10 lakhs for disability. Coordination and training across agencies and upgrading survey methods are also mandated to…
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The criminal justice system hinges on FIR lodging, prosecution, investigation, trial facilitation, and speed. Significant court rulings underscore the FIR’s critical role in ensuring early, reliable information on crimes, emphasizing the risks of delays leading to distorted accounts. The FIR initiates legal proceedings and guides investigators. In fact, lodging of FIR, launching of criminal prosecution,…
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Lord Neuberger, the former President of the Supreme Court of the United Kingdom, discussed in the course of a lecture the importance of clearly written judgments: A second small change worth considering would be for more judges to give better guidance to the structure and contents of their longer Judgments. Some judges already provide a…
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The Supreme Court has held that a statement recorded as a dying declaration cannot be treated as evidence under Section 32 of the Evidence Act if the declarant survives. Instead, it’s considered a statement under Section 164 of the Code, usable for corroboration or contradiction. Confessions must be voluntary, truthful, and corroborated, and a statement…
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Justice M.M. Corbett, Former Chief Justice of the Supreme Court of South Africa, in a lecture at an orientation course for new judges, recommended the following structure in writing a judgment which facilitates orderliness and produces a logical, flowing judgment: (a) An introductory section; (b) Setting out of the facts: (c) The law and the…
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“The purpose of judicial writing is not to confuse or confound the reader behind the veneer of complex language. The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges. Judgments of the High…
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