Conditions for grant of bail


The Hon’ble  Supreme Court has  time and again laid down principles in relation to exercise of discretionary power for grant of bail, particularly, when the bails are refused by the Courts below.

While considering the application for bail Courts always   consider the following conditions prior to grant of bail.

i)nature of the charge,
ii)the nature of the evidence,
iii)the severity of punishment to which the accused may be liable if convicted,
iv)the antecedents of the man applying for bail that might suggest that he is likely to commit serious offences while on bail.

The Hon’ble Apex Court in the case of Ash Mohammad v. Shiv Raj Singh, (2012) 9 SCC 446 observed as under:

“17. We are absolutely conscious that liberty of a person should not be lightly dealt with, for deprivation of liberty of a person has immense impact on the mind of a person. Incarceration creates a concavity in the personality of an individual. Sometimes it causes a sense of vacuum. Needless to emphasise, the sacrosanctity of liberty is paramount in a civilised society. However, in a democratic body polity which is wedded to the rule of law an individual is expected to grow within the social restrictions sanctioned by law. The individual liberty is restricted by larger social interest and its deprivation must have due sanction of law. In an orderly society an individual is expected to live with dignity having respect for law and also giving due respect to others’ rights. It is a well-accepted principle that the concept of liberty is not in the realm of absolutism but is a restricted one. The cry of the collective for justice, its desire for peace and harmony and its necessity for security cannot be allowed to be trivialised. The life of an individual living in a society governed by the rule of law has to be regulated and such regulations which are the source in law subserve the social balance and function as a significant instrument for protection of human rights and security of the collective. It is because fundamentally laws are made for their obedience so that every member of the society lives peacefully in a society to achieve his individual as well as social interest. That is why Edmond Burke while discussing about liberty opined, “it is regulated freedom”.

  1. It is also to be kept in mind that individual liberty cannot be accentuated to such an extent or elevated to such a high pedestal which would bring in anarchy or disorder in the society. The prospect of greater justice requires that law and order should prevail in a civilised milieu. True it is, there can be no arithmetical formula for fixing the parameters in precise exactitude but the adjudication should express not only application of mind but also exercise of jurisdiction on accepted and established norms. Law and order in a society protect the established precepts and see to it that contagious crimes do not become epidemic. In an organised society the concept of liberty basically requires citizens to be responsible and not to disturb the tranquillity and safety which every well-meaning person desires.

Not for nothing J. Oerter stated:

“Personal liberty is the right to act without interference  within the limits of the law.”
  1. Thus analysed, it is clear that though liberty is a greatly cherished value in the life of an individual, it is a controlled and restricted one and no element in the society can act in a manner by consequence of which the life or liberty of others is jeopardised, for the rational collective does not countenance an anti-social or anti-collective act.


The grant of bail in exercise of discretionary power of the Court         is  necessarily exercised in a judicious manner and not as a matter         of  course. Therefore it can be concluded that  prior to grant of           bail ,  precautions are exercised by courts considering that life and       personal liberty of those who live in society are not jeopardised .

Author- Tapan Choudhury, Advocate


Cross examination

Cross examination of a witness

     Cross examination of a witness| questions lawful

Suggestions are essential in  every  cross-examination  of a witness  and it is a tool for a cross examiner to bring out his version of the case and  suggestions will only give the opportunity to  give out his case and it doesn’nt really matter whether the witness agrees or disagrees to the suggestions as the case of the  cross examiner will be told in the process. For instance : “I put it to you that you are deposing falsely because you were not present at the time of the occurrence of the incident?


How Supreme Court Handle the Transfer Divorce Petition?

Divorce transfer petitions are becoming increasingly common in the Supreme Court. This is due to the fact that more and more couples are choosing to divorce outside of the traditional court system. This is a big change, and it’s causing some problems.

Divorce transfer petitions are a common occurrence. This is because divorce is a complicated and emotional process, and couples often want to make sure their divorce is as fair and equitable as possible.

One of the main problems is that the Supreme Court is not equipped to handle all the new cases. This means that there are often delays in the proceedings, and it can take a long time for a decision to be made. Additionally, the Supreme Court cannot always provide the same legal representation to divorced couples as it does to married couples. This can lead to unfairness and inequality.

If the petition is successful, it could change the way divorces are handled. Up until now, divorces have been handled through state courts. This means that the laws in each state vary, and it can be difficult for couples to get divorced if they live in a state where the law is unfavorable to them.

The transfer petition would allow divorces to be handled through the Supreme Court. This would make it easier for couples to get a divorce, and it would also reduce the amount of time and money they would have to spend on their split. If the Supreme Court approves the transfer petition, it could change the way divorces are handled in India.

Transfer petitions can be filed in either the family division or the Supreme Court, depending on the state in which the couple resides. The process of filing a Transfer petition in Supreme Court is fairly straightforward.

The couple will need to gather all the paperwork related to their divorce including copies of the marriage certificate, divorce decree, and any property or debt agreements that have been made. They will also need to provide copies of any children’s birth certificates or adoption papers.

Once all of the paperwork has been filed, the couple will need to meet with a lawyer to discuss their transfer petition. The lawyer will look at the documents and recommend whether or not the petition should be filed in the family division or the Supreme Court.

If the petition is filed in the Supreme Court, the couple will need to pay a fee and wait several months for a hearing to take place. If the petition is filed in the family division, there is no fee involved and the hearing can take place immediately.


The Supreme Court is seeing an increase in divorce transfer petitions. This is a result of the growing number of couples who decide to file for divorce outside of the conventional judicial system. It can take a while for the Supreme Court to rule because it is not equipped to handle all the new cases.

The manner divorces are processed may change if the petition is granted. The transfer petition’s approval by the Supreme Court could alter how divorces are conducted in India. A Transfer petition can be submitted to the Supreme Court in a pretty simple manner. Couples who file a petition in the family division must pay a fee and wait several months for a hearing to take place.


Why a Lawyer Should Be Consulted Before a Contested Divorce?

When the husband and wife agree to submit the divorce petition together, it is referred to as a “mutual consent divorce.” This implies that they at the very least get along or have a friendly connection. 

The legal profession has long accepted that lawyers cannot operate in a way that is inconsistent with their client’s interests or disclose client information without the client’s consent following full disclosure.

Incompatible relationships and everyday disagreements between couples can lead to marital conflicts, which ultimately damage the marriage’s foundation. That, one couple might have encountered any kind of discord and difference in perspective. Numerous approaches can be used to help a couple settle their core disagreements and disputes.

Getting a Mutual consent divorce Lawyer is frequently regarded as a practical choice when resolving disagreements between parties. With the aid of judicial authorities who primarily focus on protecting their interests and rights, divorce laws have made it simpler for couples to get mutually separated in such situations. Marriage and divorce laws in India assist individuals in escaping unhappy unions, unsuitable partners, fundamental disagreements, and frequent arguments.

One strategy to reduce the stress of divorce is to hire a lawyer to complete the process. Despite the fact that the lawyer will need to interview you on the matter, he or she will also handle all the paperwork, giving you more time to look after yourself and your family.

An experienced divorce lawyer can provide you with expert guidance on how to approach your divorce. A divorce lawyer who is knowledgeable about the laws can help you avoid expensive mistakes that may require further legal action or financial harm.

Conditions That Must Be Accomplished for a Mutual Divorce

In India, both spouses must sign a written agreement authorizing the divorce before it may be started. If the couple has kids, they must also decide on custody rules. The couple must go through a legal process to complete the divorce after obtaining consent.

 Divorce is treated as a civil matter under the Hindu Marriage Act of 1955, which permits uncontested divorces. Contrarily, Islamic Personal Law views divorce as a private matter and calls for two witnesses to verify the couple’s decision to file for divorce. Both of these rules are disregarded by some religious sects in India, who demand that divorces be granted by a religious court.

Mutual divorce may not always result in an agreeable settlement. Going through the legal process and reaching a settlement can be time- and effort-consuming.

Throughout the process, communicate with one another honestly and openly. This will assist guarantee that each party is aware of their rights and obligations.


In India, the procedure of mutual divorce can be finished very swiftly and without a significant amount of stress. The divorcing spouses will need to agree on all of the divorce’s specifics.  A mutual consent divorce prevents pointless arguments and saves a lot of time and money.

Mutual consent divorce is one of the greatest solutions available given the rising number of divorce applications. It is the quickest method of divorce, which helps you save time, money, and even psychological trauma.


The Dispute of Arbitration

Arbitration is often seen as a cheaper and faster way to resolve disputes, and it is frequently used in cases involving contracts. The Supreme Court has held that arbitration is a valid way to resolve disputes and that courts should give an Appointment of arbitrator agreements. However, the Court has also held that arbitration is not always binding and that parties can agree to arbitrate their disputes without waiving their right to go to court.

The Supreme Court has a long history of deciding cases that have had a significant impact on the practice of arbitration, each case has helped to shape the modern practice of arbitration and has had a lasting impact on the way that disputes are resolved. If you are involved in any type of dispute that may require arbitration, it is important to be familiar with these key cases and how they may affect your case.

In every case, the Supreme Court has ruled on the validity of arbitration as a means of dispute resolution. As more companies increasingly utilize arbitration clauses in their contracts, it is important to understand these rulings.

The Supreme Court has a long history of deciding cases on arbitration, and its decisions have had a major impact on the development of arbitration law in this country.

This is a process by which two parties can agree to have their dispute decided by an impartial third party, rather than going to trial. Supreme Court cases on arbitration date back to the early 20th century, and the Court has continued to hear cases on this issue in recent years.

The Supreme Court ruled in Favor of arbitration in a key case. This ruling has been upheld in a number of subsequent cases, most recently in 2012. The 2012 case involved a dispute between two businesses over a contract. The Supreme Court ruled that the arbitration clause in the contract was valid and that the case would proceed to arbitration.

These Supreme Court cases have established that arbitration is a valid and binding way to resolve disputes. This is important to businesses because it provides an efficient and cost-effective way to resolve disputes without going to court.

Every dispute that arises between the contractor and subcontractor about any topic is to be avoided, except when the contractor’s judgment is final and enforceable against the subcontractor. In the first instance.

As an indication of your approval, you are required to return one of the two originals of this letter of intent, which will serve as a binding contract for the work up until a formal contract is executed. 


The Supreme Court has declared that courts should issue Appointment of Arbitrator agreements and that arbitration is a valid method of resolving disputes. The Court has, however, also ruled that it is not always enforceable and that parties may choose to arbitrate their problems without renouncing their right to file a lawsuit. It is crucial to comprehend these decisions as more businesses include arbitration clauses in their contracts. Arbitration-related Supreme Court cases extend back to the early 20th century, and the Court has recently continued to hear cases on this topic. Businesses should take note of this since it offers a quick and affordable alternative to going to court for the resolution of disputes.


What is the need for a caveat petition in the supreme court of India?

A caveat petition is a legal document filed in the supreme court of India in order to request that the court hear a case before issuing a judgment. The petition must be filed by an advocate on behalf of the party seeking to have the case heard.

A petition seeking judicial intervention File caveat petition in the supreme court of India may be filed by any person or institution who has a justifiable reason to believe that he or she/it may be adversely affected by an order. The petitioner has to show that there is a prima facie case in its favor that needs to be considered by the Supreme Court before adjudicating the matter.

The Supreme Court caveat petition is usually filed by an Advocate on behalf of the petitioner. The grounds on which the Caveat may be filed, the order or judgment of the Supreme Court is likely to adversely affect the rights of the petitioner.

Any person can file a caveat in the Supreme Court. The petitioner does not need to be a party to the case. However, the petitioner must have a “direct and present interest” in the case. This means that the petitioner must be able to show that he or she will be directly affected by the outcome of the case. This means that there is a good chance that the petitioner’s arguments will be successful.

A Caveat is a notice filed by an advocate on behalf of his client with the Supreme Court or any other court, high court, subordinate court, tribunal, or authority, as the case may be, praying that no order or decision be passed affecting the rights of his client in an adversarial proceeding pending or likely to be instituted in that court, high court, subordinate court, authority, as the case may be, during the pendency of the such proceeding.

The Caveat must be accompanied by an affidavit of the Caveator confirming the facts stated therein. The facts stated in the Caveat should be prima facie true and the Caveat should be accompanied by an Index giving the details of the adversarial proceedings in which the order or decision is made.


Petitioners must be able to show that they have a good basis to disagree with the contested order or decision. The Supreme Court won’t take fraudulent or pointless petitions under consideration. A formal plea to the Indian Supreme Court seeking that a certain judgment or decision be overturned is known as a caveat petition. An aggrieved party must file the petition, and it must specify the grounds for challenging the order or decision.



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