The High Court recently came out with a landmark judgment by allowing advocates to cross-examine witnesses through video conferencing
This development is in the approach of the judiciary toward the integration of technology into judicial proceedings. This judgment is an example of the court's realization that procedural fairness must be balanced with practicality in the access of modern legal systems.Case Background The case emanated from a litigation where one of the parties sought permission from the court to carry out cross-examination of a witness from a different location based on logistical and cost reasons. The other party protested the request because examination in a physical courtroom has credibility and ensures that there will be no form of influence of the witnesses. The petitioner highlighted how virtual courts have become safe as well as effective due to present technology and tenets of service delivery of justice. Important Observations The Hon'ble Justice Bechu Kurian Thomas, while presiding over the matter has observed: "The right to cross-examine a witness is the culmination of cross-examination or the badge that marks the importance of a proper trial as mandated by Article 21 of the Indian Constitution. Such a right does not call for a need to be present physically, especially so when there exist circumstances where technology adoption which does not impair procedural fairness exists.". Video conferencing has become an ordinary tool in the process of delivering justice post-COVID-19. Access to justice was accorded to persons who, by reason of travel, health, or economic constraint, would otherwise be unduly placed at hardship. Moreover, the appeal emphasized the point that as a matter of procedure under Section 273 CrPC, where evidence is sought to be recorded in the presence of the accused, can well be satisfied by the use of live video links. The Kerala High Court has adopted some of the rules to preserve the integrity of the cross-examination process through video conferencing: Identification of the Witness: This includes some form of identification of the witness before they testify. Technology Reliability: Audio and video must be audible and clear and not much disturbed. Neutral Venue: It should be witnessed from a location which is neutral and safe to exclude external influence. Court Supervision: The proceeding must remain under the active supervision of the court. It is a historic ruling in the march toward embracing technology in order to increase access to justice. The court in allowing cross-examinations through video conferencing has indicated a willingness to reduce logistics involved without compromise on fairness and transparency. This judgment by the Kerala High Court would become a precedent in courts of other jurisdictions, when they decide such cases. The Indian judicial system will thus develop to be more comprehensive and effective.
Police Oppose Bail to Umar Khalid, Sharjeel Imam, and Others
The Police opposed the bail applications filed by Umar Khalid, Sharjeel Imam as well as others in the ongoing Delhi riots case. The police stated that the accused were responsible for delays in the trial by consistently using procedural tactics to hinder the pace of the proceedings, thereby prolonging the trial.Background of the Case The two-month long Delhi riots, which began in February 2020, killed hundreds and injured many more, with widespread communal violence and property damage. Ex-JNU student leader Umar Khalid and Sharjeel Imam, for his inflammatory speeches, were arrested under the Unlawful Activities (Prevention) Act (UAPA) and other charges for conspiring or inciting the riots. Khalid and Imam have both dismissed the charges. They claimed to have been wrongfully implicated on account of their disagreement with the policies of the government. Their legal team filed for bail, alleging that detention without a trial for so long is against their fundamental rights. Police Stand on Bail The Delhi Police opposed the bail applications with the argument that rioters were playing a significant role in the planning and executing of riots. According to the police, proof such as call records, social media messages, and testimony by the witnesses pointed to a well-planned conspiracy in inciting the violence. The police further contended before the court of law that at this stage, offering bail might hamper the trial itself. They further quoted the defense, which had accused it of resorting to dilatory tactics by filing repetitively and futile applications, further protracting the process of justice. Important Defence Arguments No Direct Evidence It argued that direct evidence did not associate the criminal with the horrific crime. They stated, however, that charging them assumed something and unsupported statements. Right to Speedy Trial The litigants filed their case for long stay at jail and insisted it violated rights for speedy trials provided in constitution. Health and Humanitarian Grounds: In the application, the applicants had based their case on health grounds that had deteriorated to the extent that preparation was necessary for a fair trial outside of custody. Judgment Reserved and Decision Pending To the court, "there has to be an appropriate balance in the rights of the accused persons and the interest of justice"-because this is a complicated case involving many accused persons and thus requires a large volume of evidence. Importance of the Case This case has generated a lot of interest because it throws up important issues regarding free speech, dissent, and the application of stringent laws such as UAPA. The ultimate decision regarding granting bail will have critical legal and political fallouts that could go on to shape the discussion about the balance between national security and individual liberties. The court is likely to pronounce its decision on the bail applications, and the two sides are closely watching it because it may shape the larger narrative of the Delhi riots investigation.
High Court: Woman on Compassionate Job Must Support Mother-in-Law
The Punjab and Haryana High Court in a landmark judgment has ruled that a woman, who gets compassionate appointment after the death of her husband, is legally bound to maintain her mother-in-law. The court has underlined the moral as well as legal obligation of individuals to maintain dependent in-laws under certain circumstances.This case came when the petitioner's mother-in-law claimed maintenance alleging that she was left distraught following her son's demise. The petitioner who had been given a compassionate job following her husband's death argued against this claim saying that she owed no liability towards providing financial support. However, the High Court held that the right of maintenance had vested in the mother-in-law under the Hindu Adoption and Maintenance Act, 1956. It made clear that Section 19 of the Act casts a liability on a widow to maintain dependent in-laws, if she is so able. The compassionate job assigned owing to her husband's untimely death was part of such ability. The court observed that the essence of compassionate appointments is providing a post to the grieved family, and in particular to dependent parents, so that they may derive financial security. If such an endeavor fails, it would defeat the very objective of the compassionate scheme. This decision reiterates that it is legally and socially imperative for widows, especially those who are beneficiary of compassionate appointments, to look after their dependent in-laws with care and concern so that they may live harmoniously.
Karnataka High Court: Wife of Atul Subhash Held Guilty of Abetment of Suicide
Recently, the Karnataka High Court held that prima facie, the wife of Atul Subhash abetted to suicide under the provisions of Section 306 Indian Penal Code was made out against her. Such a judgment followed a case filed by her husband's wife before the High Court challenging the very proceedings initiated after her husband met his death, which were, according to the wife, mala fide.The court was to consider the allegations and evidence before it. Such evidence included a suicide note from the deceased. It was argued that it carried the fact that he was mentally harassed and humiliated by the accused, on account of which the deceased had gone to such an extreme extent. It was argued by the prosecution that repeated cruelty and derogatory treatment would form the aspect of instigation that would qualify the requirements of abetment under Section 306 IPC. According to the judgment, abetment implies aiding or inciting suicide with intent. Though bare allegations are not sufficient, this case further gains strong evidence in the form of direct or circumstantial evidence establishing a nexus between the actions committed by the accused and the suicide of the victim. It made a point while dismissing the plea to quash the proceedings that whether the intention is criminal or otherwise and whether the accused's act has caused the death of the deceased are questions of trial. The High Court reemphasized that it should look at the evidence threadbare in deciding whether the accused was guilty or not. This judgment reaffirmed the commitment of the judiciary towards dealing with the issues of mental health and cruelty in relationships and holding responsible the individuals who cause such irreversible harm. The case would now be sent to the trial court for further adjudication.
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In the digital era today, having access to legal expertise online has become the choice of every being. There is an option to hire legal advisors, advocates or lawyers online for legal consultation in Delhi or NCR, be it individuals or businesses, anyone can easily get legal suggestions for their complex legal matters from the comfort of their homes or workplace. Online legal consultation in India has opened up various opportunities for the clients like getting advice whenever required, problem-solving with efficiency, and cost-effective or pocket friendly solutions accustomed as per your specific needs. Whether seeking help for drafting a deed or contracts, having to resolve disputes, or get rid of compliance issues, online legal consultation services offer a practical and reliable solution which maintains privacy of the client while addressing their legal concerns.
While the phrases "legal advisor" and "legal consultant" are often used to denote the same thing in the eye of a common man, they have quiet huge distinction between them. A legal advisor usually provides assistance for guidance and support to individuals or businesses even organizations on various legal matters, such as giving insights into potential risks involved like acts which might be forbidden by law, requirements for compliance, and strategic decision-making, for example who should be the power of attorney in absence of the head of the family or business. On the other hand, a legal consultant may offer support that is backed by specialized expertise on particular projects or cases, they provide expert opinions, analysis, and recommend the right thing to do in order to achieve the desired results within a defined scope of work which will be aligned by the laws. Both legal advisor and legal consultant play crucial roles in providing valuable legal assistance, legal consultant is the bigger circle where he could be legal advisor along with being a consultant, on the contrary it is not the same for legal advisor.
Legal services are quite important for a smooth functioning of the justice system as it safeguards the rights, ensures justice, and upholds the rule of law in a civilized society. From drafting of deeds to resolving disputes outside the court room and advocating for justice and what is fair, legal services covers a wide spectrum of things which aims at protecting individual and collective interests of the society. Access to legal services is not only essential for an individual but it is the fundamental right of a person which is given by our constitution under article 21 and as per the DPSP (Directive Principles of State Policy), no one can be denied of the legal representation of he is unable to find a lawyer to represent himself. By giving legal services or even advice, lawyers and advocates contribute to promoting justice, fairness and maintaining stability in a civilized society.
There are multiple-benefits of hiring a lawyer or having an advocate by your side it not only gives you a strong legal representation in the court room but also outside the court, it gives tremendous support, expertise, and advocacy customer made for an individual’s needs. First of all, lawyers are specialized in the field in which you require legal assistance and have experience in various other legal domains, which help to give you a strategic win and advice for any future acts. Secondly, lawyers will represent in not only inside the court but also outside by being a mediator or a conciliator, and putting forward your contentions and wishes. Additionally, lawyers offer assistance and support throughout the whole legal proceedings, drafting legal documents such a deeds or contracts, while ensuring compliance with applicable laws. Overall, hiring a lawyer will not only benefit you while being in a dispute but also provide you a peace of mind for having a support backed up for you.
Online legal consultation means connecting to an advocate or a legal expert through phone or whatsapp or any medium in relation to internet where you can get the consultancy without visiting the office of the advocate physically. In other words, it is connecting and getting the answers of all your legal queries from highly qualified lawyer and advocate specialized in your legal area of interest. For online legal consultation go to the website of LawChef or reach us through our contact details that is mentioned in the website as well as in our social media like Instagram, Linkedin and facebook page.
Yes, online lawyers and advocates are highly qualified and well experienced in their fields. They are well versed in the fields that you want to question about. The advocate holds degree of law from the reputed law college in India and are a legal practitioner who are well versed with the legal knowledge.
Right to privacy of identity falls under article 21 which guarantee a person that they can keep their identity private in case they do not want to reveal their personal information. We value your identity privacy and understand the need, If, you tell your lawyer that you do not want to share your identity or go public with your identity and explain the reason behind your privacy, he is bound by law to keep your identity private.
Yes, if you choose to revisit LawChef for another online consultation or even opt for another phone call, you will able be talking to the same lawyer you have talked to with previously with a simple request and LawChef will efficiently schedule a call with that same lawyer again, ensuring continuity and consistency in your legal advice experience, so you would not have to repeat yourself to other lawyers and it will be a smoother transaction.
Nowadays everyone is surfing online and we have created a user-friendly portal for our clients as well as customers, it has made the consultation quite friendly and hassle free due to which Online legal consultants or lawyer for online consultation have surged significantly. Moreover, online consultations from a lawyer will provide a private space for both the client and Advocate for discussing their legal matters comfortably and confidentially, which is crucial in a attorney client relationship.
It is not necessary for a legal advisor to be a lawyer, but it is always advisable to have a Lawyer who is well qualified to be your legal advisor.
The main purpose of consulting with a lawyer, whether through online platforms or by visiting the office or chamber, is to obtain comprehensive answers to one's legal queries and receiving sound legal advice. Legal consultation opens various opportunities for the client to choose what would be the the right advice for their legal issue, consulting a lawyer would help you to understand your rights and obligations prescribed by the law, and it will provide you safety measures for your next business idea and how you could protect it. By engaging yourself in legal consultations you will be benefited in several ways whether conducted online or offline, these consultations will help you set up your business and will also get you through a civil or matrimonial dispute, your lawyer will give you solutions that will be handcrafted specifically for your legal trouble.
There are convenient options available for people who are seeking online legal consultation from advocates on LawChef. You can either visit the official website of LawChef, which is a user-friendly platform specially designed to provide and maintain seamless interactions between experienced lawyers as well as attorneys and yourself. Or you can contact LawChef via their official contact number which is available on the website and on Google as well, the phone call will be complimented by giving the first 10 minutes of advice absolutely free during which you can asked whatever legal queries you have the advocate will answer you, this will be followed by minimal charges once the aforementioned time limit is over.
You can talk to advocates through Lawchef where you can directly connect to well experienced advocates in various legal field via the call or website. In addition to this LawChef is providing first 10 minutes free consultancy on call in order to help its customer/client as clients are valuable to us and after the completion of 10 minutes minimal charges will be applicable.
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