Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Wife residing in Canada and husband in USA - Recording of statement by video conferencing - If reconciliation not possible then Court to record statement of parties in the first and second motion by video conferencing - Before recording of statements of parties, wife would be identified by her mother..........
Criminal Procedure Code, 1973, Section 311, 284, 285 -- Examination of witness - Doctor who conducted first post mortem living in Nigeria - Evidence of this witness germane to the questions involved in the matter - For recording his statement trial Court could have unquestionably taken recourse to the provisions of Ss.284, 285 Cr.P.C. so as to avoid delay in the matter and..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Evidence Act, 1872, Section 118 -- Penetrative sexual assault - Child witnesses/victims - Identity of accused was in doubt, as there is no explanation why no identification parade was held - Both victims were counseled but prosecution failed to produce video/CD of counseling and held it back - Defence..........
Civil Procedure Code, 1908, Order 18, Rule 3, 4 -- Recording of evidence through video conferencing - Petitioner is residing in USA - Time gap of 12 hours in two countries - There will be difficulty in approaching Public Authority at night time to allow Video Conferencing - Petitioner allowed to be examined by way of Video Conferencing through Mobile or Computer on an..........
Marriage -- Two individuals consenting to marry - Dictates of Khap Panchayat/Local community/Family - Guidelines issued : Preventive Steps - (a) State Governments should forthwith identify Districts, Sub-Divisions and/or Villages where instances of honour killing or assembly of Khap Panchayats have been reported in recent past, e.g., in the last five years; (b) Secretary,..........
Family Courts Act, 1984, Section 7, 8, 9, 10, 11, Hindu Marriage Act, 1955, Section 22, 19, 23(2), Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Matrimonial case - Recording of evidence through video conferencing - Once settlement fails and if both parties give consent that witness can be examined in Video Conferencing that can be allowed - (Majority View..........
Family Courts Act, 1984, Section 7, 8, 9, 10, 11, Hindu Marriage Act, 1955, Section 22, 19, 23(2), Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Matrimonial case - Recording of evidence through video conferencing - "Footage in Video Conferencing becomes part of the record" is incorrect - Discussions relayed through Video Conferencing in course of..........
Family Courts Act, 1984, Section 7, 8, 9, 10, 11, Hindu Marriage Act, 1955, Section 22, 19, 23(2), Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Matrimonial case - Recording of evidence through video conferencing - Video Conferencing cannot be excluded from any stage of proceeding before Family Court - Whether it should be adopted in a particular case must..........
Criminal Procedure Code, 1973, Section 273 -- Personal attendance of accused - Recording of evidence by video conferencing - S.273 Cr.P.C. confers a right on accused to be present at the time of recording of evidence - Presence of accused would be necessary to facilitate instructions to be given to his lawyer who is appearing for him in the case, so that there is an..........
Court proceedings -- Video recording - (i) CCTV cameras (without audio recording) be installed, inside Courts and at such important locations of the Court complexes as may be considered appropriate, in at least two districts of every State/Union Territory; (ii) Monitor thereof may be in the Chamber of District and Session Judge; (iii) Location of District Courts and any..........
