Civil Procedure

Relooking at Section 65B of the Indian Evidence Act

By | August 31st, 2020|Adjudication and Judicial Process, Civil Procedure, Evidence Law, Proving Cases|

Editor’s Note: In this post, Padmini Subhashree* points out several discrepancies in Section 65B of the Indian Evidence Act dealing with electronic evidence, and highlights the need to have a re-look at this Section in today’s technology age. The entire system of justice delivery runs point on the presumption of making decisions where the ‘proof’ [...]

Legally Unanswered: A Few Grey Areas in the Civil Procedure Code

By | August 15th, 2020|Adjudication and Judicial Process, Civil Procedure, Litigation Practice|

Editor’s Note: In this post, Ananth Kini* writes about two grey areas in the Civil Procedure Code – first, whether an admitted statement can be put forth before a court during final arguments and second, whether averments in the written statement acknowledging a debt have to looked into while determining whether a suit is time-barred. [...]

Justice N. Anand Venkatesh on the Structuring of Pleadings – Part II

By | July 18th, 2020|Adjudication and Judicial Process, Civil Procedure, Guest Speaker Series, Litigation Practice, Tricks of the Trade, Young Lawyers|

Editor’s Note: This post (the second part of a two-part series) is a transcript of a webinar conducted by Justice N. Anand Venkatesh of the Madras High Court on the Structuring of Pleadings under the Civil Procedure Code. The webinar is a part of the Nyaya Forum for Courtroom Lawyering’s Webinar Series on Practical Skills [...]

Justice N. Anand Venkatesh on the Structuring of Pleadings – Part I

By | July 18th, 2020|Adjudication and Judicial Process, Civil Procedure, Guest Speaker Series, Litigation Practice, Tricks of the Trade, Young Lawyers|

Editor’s Note: This post (the first part of a two-part series) is a transcript of a webinar conducted by Justice N. Anand Venkatesh of the Madras High Court on the Structuring of Pleadings under the Civil Procedure Code. The webinar is a part of the Nyaya Forum for Courtroom Lawyering’s Webinar Series on Practical Skills [...]

Technology and the Civil Procedure Code (II of II)

By | February 18th, 2020|Access to Justice, Civil Procedure, Litigation Practice|

This article was originally posted on TechLawForum@NALSAR. The same can be accessed here.  In a two-part article, Ankush Rai elaborates on the interaction between the Civil Procedure Code and technology.  This part deals with e-filing, the theoretical and practical advantages of integrating technology with CPC and the precautions that should be taken in doing so. E-filing [...]

Technology and the Civil Procedure Code (I of II)

By | February 18th, 2020|Access to Justice, Civil Procedure, High Court of Delhi|

This article was originally posted on TechLawForum@NALSAR. The same can be accessed here.  In a two-part article, Ankush Rai elaborates on the interaction between the Civil Procedure Code and technology.  This part gives a short introduction and a skeleton of the piece. It also locates the reason for integrating technology with the Civil Procedure Code and [...]

Third-Party funding in Litigation

By | September 3rd, 2019|Access to Justice, Bar Council of India Rules, Civil Procedure, Commercial Litigation, Litigation Practice|

Editor's note: In this post, Namratha Murugeshan, explains Third-Party Funding (TPF) in litigation. The post looks at the pros and cons of allowing TPF given the current set of regulations we have.    What is Third-Party funding (TPF)? TPF or litigation financing refers to a model where when a party’s litigation costs are covered by [...]