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Tag: free legal advise for divorce

The Reading Society.
by Bharat Chugh
January 15, 2024
There’s nothing that brings greater pleasure than reading. But over the last few years, my outlook to reading has changed. I don’t read to impress and charm anymore. I don’t read to be an activist. I’ve read, not to change the world, or illuminate it, but to look for traces of light within me. I’ve read to understand & change myself; hopefully,… Read more: The Reading Society.
A few lines on The Maniac by Benjamin Labatut (Review)
by Bharat Chugh
January 1, 2024
A few words on The Maniac by Benjamin Labatut. Every line, and I mean it, every line is a masterpiece. Even when the author picks apart something evil and dangerous, and looks where one shouldn’t (or rather not), it does so with extraordinary beauty and poeticism. It also shines a light on humanity or, rather, the absence of it, and the the… Read more: A few lines on The Maniac by Benjamin Labatut (Review)
A few good things about the New Criminal Law Reforms…
by Bharat Chugh
December 29, 2023
Abstracted from a series of tweets by Mr.Chugh accessible here *A more detailed piece would follow.
15 troubling aspects of the New Criminal Law amendments
by Bharat Chugh
December 29, 2023
Abstracted from a series of tweets by Mr. Chugh, accessible here 1. The new provision on Police Custody is deeply problematic. While it is clear that Police Custody (now) need not be confined to the first 15 days, but what’s unclear is the question as to whether Police Custody can be longer than 15 days in the whole (60 or 90), and… Read more: 15 troubling aspects of the New Criminal Law amendments
ADMISSIBILITY OF ILLEGALLY OBTAINED EVIDENCE VIS-A-VIS RIGHT TO PRIVACY UNDER ARTICLE 21 OF THE INDIAN CONSTITUTION (GUEST POST)
by Bharat Chugh
November 6, 2023
This is a guest post by the very bright Mr. Ritwik Sharma, Advocate, Delhi. This is in the light of the recent order by the Hon’ble High Court of Chhattisgarh in Aasha Lata Soni v. Durgesh Soni (CRMP No. 2112 of 2022) whereby the Hon’ble Court overturned an application under S. 311 of the CrPC allowed by the Family Court to further cross-examine a… Read more: ADMISSIBILITY OF ILLEGALLY OBTAINED EVIDENCE VIS-A-VIS RIGHT TO PRIVACY UNDER ARTICLE 21 OF THE INDIAN CONSTITUTION (GUEST POST)
Preventive arrest and security proceedings in CrPC (S.107/151 CrPC) and misuse abuse
by Bharat Chugh
October 30, 2023
Context Abuse of the criminal justice machinery is rampant in India. People are often wrongly implicated in criminal cases and deprived of their personal liberty. India – in fact – bears the dubious distinction of being a country with one of the highest number of pending criminal cases (relative to civil cases), where more than 70% of all cases pending in Indian… Read more: Preventive arrest and security proceedings in CrPC (S.107/151 CrPC) and misuse abuse
Right of the Victim to be heard in a Revision petition filed by the Accused
by Bharat Chugh
October 15, 2023
Are we still arguing this? Wasn’t this decided already? Well, the answer is Yes AND No. Taking a step back for a moment and frankly speaking – apart from this specific problem, we have indeed come a long way; from the days when a Victim was relegated to being a mere footnote in a criminal case file, a mere spectator who could,… Read more: Right of the Victim to be heard in a Revision petition filed by the Accused
Section 159 CrPC- Rarely used power of Magistrate (Guest Post)
by Bharat Chugh
October 12, 2023
This is a guest post by the very bright Harshit Sharma (https://www.linkedin.com/in/harshit-sharma-hs30/) on a very interesting topic of criminal procedure. Introduction In continuation of my habit of writing I am once again back with an interesting topic. As it is known to the most of people that CrPC (Code of Criminal Procedure) gives Magistrate wide range of powers. One such power is… Read more: Section 159 CrPC- Rarely used power of Magistrate (Guest Post)
Mandatory to supply grounds of arrest (in writing) to an accused in PMLA case
by Bharat Chugh
October 8, 2023
The Supreme Court on 3rd October, 2023 passed a landmark judgment in the case of Pankaj Bansal v. Union of India. The judgment is on Section 19 of the PMLA which reads as follows: “19. Power to arrest.—(1) If the Director, Deputy Director, Assistant Director or any other officer authorised in this behalf by the Central Government by general or special order,… Read more: Mandatory to supply grounds of arrest (in writing) to an accused in PMLA case
Deferment of cross examination of prosecution witnesses (Defence Counsel diaries)
by Bharat Chugh
October 8, 2023
Weaponisation of the Criminal Justice System and Perjury is rampant in India. False criminal cases are routinely filed to settle scores. In these cases, witnesses, who are often related to each other (and depose on the same set of facts), often depose falsely and parrot the same narrative/story and try to create a pretence of corroborating each other. In fact, in many… Read more: Deferment of cross examination of prosecution witnesses (Defence Counsel diaries)
Whether an accused can be directed to disclose his phone password by the investigators?
by Bharat Chugh
October 7, 2023
Background I’ve written on this subject earlier (see here) and primarily on the Karnataka High Court ruling (“Virendra Khanna”) on the subject. Ruling in Virendra Khanna In Virendra Khanna, the High Court permitted the Investigating agencies to direct the accused to disclose his password, and in case of non-compliance, seek Court’s intervention in that regard. Not only this, it provided that in… Read more: Whether an accused can be directed to disclose his phone password by the investigators?
A few thoughts on the New Indian Criminal Laws. (Part 2)
by Bharat Chugh
September 8, 2023
This is Part 2 in a series on the analysis of the new proposed amendments to the criminal laws. You can find the 1st part here. *Caveat : This piece was written on the first draft, that is, before the first draft went to the Select Committee and a new version was put up for consideration and finally passed by the Legislature.… Read more: A few thoughts on the New Indian Criminal Laws. (Part 2)
A few thoughts on the New Indian Criminal Laws. (Part 1)
by Bharat Chugh
September 6, 2023
*Caveat : This piece was written on the first draft, that is, before the first draft went to the Select Committee and a new version was put up for consideration and finally passed by the Legislature. A lot of you have written to me, over the past few weeks, seeking my views on the New (proposed) Indian Criminal Laws. Here’s then –… Read more: A few thoughts on the New Indian Criminal Laws. (Part 1)
Judicial Magistrate’s Power to take Cognizance of Offence committed beyond his Territorial Limits and in Cases where it acts as a Link Court (Guest Post)
by Bharat Chugh
July 30, 2023
This is a guest post by the very bright young judge Harshit Sharma (https://www.linkedin.com/in/harshit-sharma-hs30/) on a very interesting legal issue. Here’s how it goes Cognizance- Meaning The term cognizance means taking notice of the matter judicially. Taking cognizance is sine qua non for trial. It is not the same thing as issue of process. In so far as Section 190 of Code of Criminal… Read more: Judicial Magistrate’s Power to take Cognizance of Offence committed beyond his Territorial Limits and in Cases where it acts as a Link Court (Guest Post)
Openings for 2 ‘Legal Researcher’ positions at the Chambers of Bharat Chugh
by Bharat Chugh
July 20, 2023
The Chambers of Bharat Chugh has two openings for the position of : ‘Legal Researcher”. Experience : 1 to 3 years. With : 1) Proficiency in Legal research (case law, statute, regulations, foreign law, juristic/expert opinions, legal history, etc.)2) Legal writing skills/publications. 3) Solid basis in foundational legal first-principles. 4) Most importantly : A skill and love for reading law, case law, discerning ratio, distinguishing… Read more: Openings for 2 ‘Legal Researcher’ positions at the Chambers of Bharat Chugh
A few thoughts on drafting of written submissions:
by Bharat Chugh
June 23, 2023
1. Lay out what the case is about in the 1st para itself. For instance, in a contractual dispute, say, at the very outset, that this case concerns a software license agreement where X gave Y license to use it’s software. The parties are before this Court/Tribunal because the contract does not – at least explicitly – provide as to how many… Read more: A few thoughts on drafting of written submissions:
A few thoughts on Court Craft:
by Bharat Chugh
June 23, 2023
1. Be fair & honourable. An advocate is a story-teller but she’s an ethical story-teller. You don’t take creative liberty with the facts. You may be entitled to your own opinions or interpretations but you are not entitled to your own facts. 2. But there is a creative element in how you present those facts. The sequence. The emphasis. How you concede… Read more: A few thoughts on Court Craft:
Some thoughts on the Art of Cross Examination
by Bharat Chugh
June 23, 2023
“Cross-examination is the greatest legal engine ever invented for the discovery of truth.” John Henry Wigmore 1. Failing to prepare is preparing to fail. You have to LIVE the case to be able to cross examine well. 2. When the witness is under cross examination, you are on trial too; especially when giving suggestions, as they can amount to admissions. 3. Whenever… Read more: Some thoughts on the Art of Cross Examination
Some thoughts on 313 of the CrPC (The Art of Trial Advocacy)
by Bharat Chugh
June 23, 2023
1. Explain each incriminating evidence specifically and clearly. 2. Ensure that your narrative in S.313 is consistent with your defence in the case (as discernible from bail applications, cross examination of PWs, discharge application, etc). 3. Traditional/generic responses such as “This is false case” or “This is a matter of record. I am innocent.” simply don’t work! 4. Help the Court frame… Read more: Some thoughts on 313 of the CrPC (The Art of Trial Advocacy)
ArtOfAdvocacy (100 Words): The Craft of addressing Final Arguments in Trials:
by Bharat Chugh
June 23, 2023
1. Your argument should, at the very outset, answer : WDWTW. Who did what to whom? Legal issues can come later. 2. Storytelling is key. Use choice details to paint a vivid image. 3. Carefully sift admitted and disputed facts. Narrow down the point of controversy. 4. Concede bad facts. Be fair. Build credibility. Be objective. 5. Humanise the Client (though not… Read more: ArtOfAdvocacy (100 Words): The Craft of addressing Final Arguments in Trials:
Suit Dismissed for default, Restoration Application also dismissed for default- What are the Remedies Available?
by Bharat Chugh
March 9, 2023
This is a guest post by the very bright young judge Harshit Sharma (https://www.linkedin.com/in/harshit-sharma-hs30/) on a very interesting topic of civil law. Introduction It is a normal thing in civil courts that civil suits get dismissed for default under Order 9 Rule 8[i] of Civil Procedure Code (CPC) when the plaintiff doesn’t appear when the suit is called on for hearing. Once the… Read more: Suit Dismissed for default, Restoration Application also dismissed for default- What are the Remedies Available?
A Judgment that I wrote in a case of false implication by the Police
by Bharat Chugh
January 1, 2023
Many of you have reached out to me, over the last few months and years, for copies of judgments and orders that I wrote – during my tenure as a Trial Court Judge. Many of these are available on IndianKanoon, but not all. Here’s one that was sent to me recently by someone, which wasn’t otherwise available in the public domain. This… Read more: A Judgment that I wrote in a case of false implication by the Police
Defendant’s Claim for Injunction in Suit filed by Plaintiff (A Guest Post by Harshit Sharma)
by Bharat Chugh
December 31, 2022
This is a guest post by the very bright young judge Harshit Sharma (https://www.linkedin.com/in/harshit-sharma-hs30/) on a very interesting topic of civil law. The present article focuses on the regularly encountered situation in trial courts. It is often seen that in a suit by plaintiff where he claims injunction in the connected miscellaneous file through an application under Order 39 CPC, defendant many… Read more: Defendant’s Claim for Injunction in Suit filed by Plaintiff (A Guest Post by Harshit Sharma)
Interaction with police officers and judicial officers from the State of Sikkim on “Common defects in Criminal Investigations’ and the ways and means in which criminal investigations can be made better.
by Bharat Chugh
November 11, 2022
15 things that you must do when you get a new case file/brief (Young Lawyer Diaries)
by Bharat Chugh
November 10, 2022
*Part of the ‘Letters to a Young Lawyer’ series. This series is inspired by my conversations with my brilliant younger colleagues at the Chambers. This is how it goes: Congratulations, you’ve got a brief! 1. Look at the brief admiringly! (But not for long lest people start suspecting your sanity!). Well, Congratulations – this brief that you hold in your hands is… Read more: 15 things that you must do when you get a new case file/brief (Young Lawyer Diaries)
Ryan School Murder Case: How to assess Bholu’s culpability? (Guest post by Sh.Rajesh Mohan, IPS)
by Bharat Chugh
August 12, 2022
This is a guest post by Sh. Rajesh Mohan, IPS, Haryana Cadre (follow him on twitter here!) On 8th September 2017, a class II student was found murdered with his throat slit inside a washroom of the Ryan International School at Bhondsi, Gurugram in Haryana. After coming into the media limelight the case was transferred to CBI. The premier investigating agency did… Read more: Ryan School Murder Case: How to assess Bholu’s culpability? (Guest post by Sh.Rajesh Mohan, IPS)
Outsourcing ‘Feeling’ or “The Letter Writer” (Poetry Night)
by Bharat Chugh
August 11, 2022
Do you mind outsourcing to me- What you always wanted to say, But couldn’t find a way. Listen, I can write that letter for you, Make those passions renew. I’m really good at it, With that decent-sized wit; And not just it… I’m also good at saying things I don’t mean, I’m sure you must have seen; Or heard, My unremitting… Read more: Outsourcing ‘Feeling’ or “The Letter Writer” (Poetry Night)
PMLA – A (P)oem On the (M)oney (L)aundering (A)ct.
by Bharat Chugh
August 4, 2022
“It’s very genesis is illegal; it can’t be a Money Bill! This vitiates everything; a lacunae that you can’t fill!” This issue – we decide not to decide, Let’s look at the other issues, for a moment, keeping this aside. The law is amazing; it’s beautiful; truly one of its kind, The legislature was competent, and it duly applied its mind. But,… Read more: PMLA – A (P)oem On the (M)oney (L)aundering (A)ct.
Pre-Trials Powers of a Civil Court to expedite disposal of cases(Guest Post)
by Bharat Chugh
July 31, 2022
Every trial is a voyage of discovery in which truth is the ultimate quest. A guest post by Ambanshu Sahni, Advocate practising at the Punjab & Haryana High Court and the Supreme Court. First published at https://lawsofindiaexplained.blogspot.com Indian Judicial system is facing a humongous problem of backlog of cases. The pendency of cases results in delays and slow movement of wheels of justice.… Read more: Pre-Trials Powers of a Civil Court to expedite disposal of cases(Guest Post)
10 things you must know about the new influencer endorsement guidelines issued by the CCPA
by Bharat Chugh
July 27, 2022
With great (social media) influence comes great responsibility. This is the essence of the new CCPA guidelines. Here: This is not a new development. ASCI had earlier come up with similar guidelines for influencers/celeb endorsers. However, the same were observed more in their breach than in compliance. This was because ASCI guidelines are only advisory/persuasive in nature and there are no legal… Read more: 10 things you must know about the new influencer endorsement guidelines issued by the CCPA

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The Reading Society.

The Reading Society.

A few lines on The Maniac by Benjamin Labatut (Review)

A few lines on The Maniac by Benjamin Labatut (Review)

A few good things about the New Criminal Law Reforms…

A few good things about the New Criminal Law Reforms…

15 troubling aspects of the New Criminal Law amendments

15 troubling aspects of the New Criminal Law amendments

ADMISSIBILITY OF ILLEGALLY OBTAINED EVIDENCE VIS-A-VIS RIGHT TO PRIVACY UNDER ARTICLE 21 OF THE INDIAN CONSTITUTION (GUEST POST)

ADMISSIBILITY OF ILLEGALLY OBTAINED EVIDENCE VIS-A-VIS RIGHT TO PRIVACY UNDER ARTICLE 21 OF THE INDIAN CONSTITUTION (GUEST POST)

Preventive arrest and security proceedings in CrPC (S.107/151 CrPC) and misuse abuse

Preventive arrest and security proceedings in CrPC (S.107/151 CrPC) and misuse abuse

Right of the Victim to be heard in a Revision petition filed by the Accused

Right of the Victim to be heard in a Revision petition filed by the Accused

Section 159 CrPC- Rarely used power of Magistrate (Guest Post)

Section 159 CrPC- Rarely used power of Magistrate (Guest Post)

Mandatory to supply grounds of arrest (in writing) to an accused in PMLA case

Mandatory to supply grounds of arrest (in writing) to an accused in PMLA case

Deferment of cross examination of prosecution witnesses (Defence Counsel diaries)

Deferment of cross examination of prosecution witnesses (Defence Counsel diaries)

Whether an accused can be directed to disclose his phone password by the investigators?

Whether an accused can be directed to disclose his phone password by the investigators?

A few thoughts on the New Indian Criminal Laws. (Part 2)

A few thoughts on the New Indian Criminal Laws. (Part 2)

A few thoughts on the New Indian Criminal Laws. (Part 1)

A few thoughts on the New Indian Criminal Laws. (Part 1)

Judicial Magistrate’s Power to take Cognizance of Offence committed beyond his Territorial Limits and in Cases where it acts as a Link Court (Guest Post)

Judicial Magistrate’s Power to take Cognizance of Offence committed beyond his Territorial Limits and in Cases where it acts as a Link Court (Guest Post)

Openings for 2 ‘Legal Researcher’ positions at the Chambers of Bharat Chugh

Openings for 2 ‘Legal Researcher’ positions at the Chambers of Bharat Chugh

A few thoughts on drafting of written submissions:

A few thoughts on drafting of written submissions:

A few thoughts on Court Craft:

A few thoughts on Court Craft:

Some thoughts on the Art of Cross Examination

Some thoughts on the Art of Cross Examination

Some thoughts on 313 of the CrPC (The Art of Trial Advocacy)

Some thoughts on 313 of the CrPC (The Art of Trial Advocacy)

ArtOfAdvocacy (100 Words): The Craft of addressing Final Arguments in Trials:

ArtOfAdvocacy (100 Words): The Craft of addressing Final Arguments in Trials:

Suit Dismissed for default, Restoration Application also dismissed for default- What are the Remedies Available?

Suit Dismissed for default, Restoration Application also dismissed for default- What are the Remedies Available?

A Judgment that I wrote in a case of false implication by the Police

A Judgment that I wrote in a case of false implication by the Police

Defendant’s Claim for Injunction in Suit filed by Plaintiff (A Guest Post by Harshit Sharma)

Defendant’s Claim for Injunction in Suit filed by Plaintiff (A Guest Post by Harshit Sharma)

Interaction with police officers and judicial officers from the State of Sikkim on “Common defects in Criminal Investigations’ and the ways and means in which criminal investigations can be made better.

15 things that you must do when you get a new case file/brief (Young Lawyer Diaries)

15 things that you must do when you get a new case file/brief (Young Lawyer Diaries)

Ryan School Murder Case: How to assess Bholu’s culpability? (Guest post by Sh.Rajesh Mohan, IPS)

Ryan School Murder Case: How to assess Bholu’s culpability? (Guest post by Sh.Rajesh Mohan, IPS)

Outsourcing ‘Feeling’ or “The Letter Writer” (Poetry Night)

Outsourcing ‘Feeling’ or “The Letter Writer” (Poetry Night)

PMLA – A (P)oem On the (M)oney (L)aundering (A)ct.

PMLA – A (P)oem On the (M)oney (L)aundering (A)ct.

Pre-Trials Powers of a Civil Court to expedite disposal of cases(Guest Post)

Pre-Trials Powers of a Civil Court to expedite disposal of cases(Guest Post)

10 things you must know about the new influencer endorsement guidelines issued by the CCPA

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Law in 100 Words| Part 16 | Quashing of Criminal Proceedings on the basis of Settlement | Guest post by Sholab Arora

Law in 100 Words| Part 16 | Quashing of Criminal Proceedings on the basis of Settlement | Guest post by Sholab Arora

Law in 100 Words | Part 15 | Section 6 of the Specific Relief Act; Speedy recovery of possession (Guest Post)

Law in 100 Words | Part 15 | Section 6 of the Specific Relief Act; Speedy recovery of possession (Guest Post)

Law in 100 Words | Part 14 | Calculating 60/90 days period for the purpose of Default/Compulsory Bail (S.167 CrPC)

Law in 100 Words | Part 14 | Calculating 60/90 days period for the purpose of Default/Compulsory Bail (S.167 CrPC)

A few words on Re-examination of Witnesses | The Art of putting Humpty Dumpty back together again…

A few words on Re-examination of Witnesses | The Art of putting Humpty Dumpty back together again…

Some thoughts on the distinction between a mere breach of contract and offence of cheating.

Some thoughts on the distinction between a mere breach of contract and offence of cheating.

A few words on The Art (and Science!) of Cross Examination and Trial Warfare.

A few words on The Art (and Science!) of Cross Examination and Trial Warfare.

Law in 100 Words | Part 13 | Judgment Writing #101 | How to write facts in a judgment (for aspiring trial court judges)

Law in 100 Words | Part 13 | Judgment Writing #101 | How to write facts in a judgment (for aspiring trial court judges)

Law in 100 Words | Part 12 | Joinder of Charges/Accused – A Case Study.

Law in 100 Words | Part 12 | Joinder of Charges/Accused – A Case Study.

Law in 100 Words | Part 11 | Some Bail Law related reforms.

Law in 100 Words | Part 11 | Some Bail Law related reforms.

Law in 100 Words | Part 10 | Section 313 of the CrPC | Guest Post by Adv. Sholab Arora

Law in 100 Words | Part 10 | Section 313 of the CrPC | Guest Post by Adv. Sholab Arora

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Law in 100 Words | Difference between Cancellation of Bail and Challenge to a Bail Order | Part 9

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Law in 100 Words | The need and importance of giving ‘suggestions’ in cross examination | Part 9

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Law in 100 Words | Part 8 | What is Protest Petition (Guest Post)

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Law in 100 Words | Part 7 | Police not registering FIR | Guest Post

Law in 100 Words | Part 6 | Marshalling & Appreciation of Evidence (Guest Post)

Law in 100 Words | Part 6 | Marshalling & Appreciation of Evidence (Guest Post)

Law in 100 Words | Part 5 | Court’s power to direct ‘no coercive steps’ against the Accused.

Law in 100 Words | Part 5 | Court’s power to direct ‘no coercive steps’ against the Accused.

Law in 100 Words | Part 4 | Whether a Police Officer can grant bail in a Non-Bailable case?

Law in 100 Words | Part 4 | Whether a Police Officer can grant bail in a Non-Bailable case?

Law in 100 Words | Part 3 | Forgery/use of forged documents in court proceedings – Remedies/Procedure

Law in 100 Words | Part 3 | Forgery/use of forged documents in court proceedings – Remedies/Procedure

Law in 100 Words | Part 2 | Electronic Evidence (65B Basics)

Law in 100 Words | Part 2 | Electronic Evidence (65B Basics)

Law in 100 Words | Part 1 | Confronting a witness with documents during cross-examination

Law in 100 Words | Part 1 | Confronting a witness with documents during cross-examination

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The Art of Writing Orders in Civil Cases

The Art of Writing Orders in Civil Cases

ALEXA….JAIL OR BAIL? USE OF ARTIFICIAL INTELLIGENCE IN BAIL PROCEEDINGS

RIGHT TO BAIL IN CASES WHERE ACCUSED IS NOT ARRESTED DURING INVESTIGATION (GUEST POST)

Voice Samples in Criminal Investigations and Legal/Constitutional Issues that remain

Livestreaming Proceedings: Making Justice Visible or Diluting Majesty of the Courts?

BOOK RECOMMENDATION : KLARA AND THE SUN BY KAZUO ISHIGURO

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