Court Proceedings

How Expert Testimonies Can Help Understand “Battered Women”

By | September 16th, 2020|Uncategorized|

Editor's Note: In this post, Moksha Kothari argues for the inclusion of export testimonies in instances of domestic retaliatory violence. It is argued that an expert can help judges better understand the psychological impacts of prolonged domestic violence that often results in retaliatory actions. Introduction When gender was still a binary concept, men and women, [...]

The End of Banter

By | May 26th, 2020|Adjudication and Judicial Process, Litigation Practice, Success in Litigation, Tricks of the Trade|

Editor's Note: In this article, Swathi Sukumar analyses how the profession of litigation is likely to undergo massive changes as we move into the world of remote adjudication. In my first month of practice, after a hotly contested matter, I was told that I should be less fidgety, because the court can sense anxiety and [...]

Towards Truth as the Only Goal (II of III)

By | April 13th, 2019|Adjudication and Judicial Process, Criminal Law, Evidence Law, Success in Litigation, Tricks of the Trade|

In the second part of his three-part series on truth as the normative goal of judicial process, Justice K. Kannan looks at two tools used in a trial to arrive at the truth – the casting of the burden of proof and cross-examination. He comments on the efficacy of raising certain presumptions in the trial [...]