Counter Case Judgement

The counter case should be tried in quick succession by the same judge who should pronounce judgement on conclusion of both cases. Such a practice prevents the danger of an accused being convicted before his whole case is concluded and it deters the court from delivering conflicting judgements on one incident. It is a salutary practice, when two criminal cases relate to the same incident, they are tried and disposed of by the same court by pronouncing judgments on the same day.

Such two different versions of the same incident resulting in two criminal cases are compendiously called case and countercase by some High Courts and cross cases by some other High Courts. Way back in nineteen hundred and. The Supreme Court (for short 'SC') in Nathi Lal and Ors.

v State of U.P. [3] establishedthe procedure for trial in cross-cases. The court held that both cross-cases must be tried by the Same-Judge successively.

After recording evidence and hearing arguments in one case, the Judge must reserve the judgement and hear the cross. An attorney for former President Donald Trump on Wednesday asked the presiding judge in his New York civil fraud case to allow the defendants, who are currently on the hook for a combined $364 million in penalties "to submit a proposed counter-judgment." On Tuesday, New York Attorney General Letitia. The requirement that cross cases be tried by the same court and preferably by the same judge, along with independent appreciation of evidence and simultaneous pronouncement of judgments, helps prevent conflicting decisions and procedural injustice.

Judgment is a determination by the court (either by a judge or justice acting alone or together with jury) that sets forth the final results of an entire case or of a discrete claim for relief in a case. Trial of cross cases presents a variety of ticklish practical issues and challenges. Courts have been responding to them differently.

Way back in a Division Bench of the Madras High Court (Waller, and Cornish, JJ) made a suggestion1 that "a case and counter case arising out of the same affair should always, if practicable, be tried by the same court, and each party would represent themselves. The plaintiff submitted proposed judgment almost 4 months after the judge's decision. This is a violation of 22 NY 402.48, which says proposed judgments must be submitted within 60 days after entry of decision and failure to do this is deemed an abandonment of the case.

Should I write a letter to the judge or submit a counter judgment? Clause (2), added by amendment to Rule 13 (a), carries out this idea. It will apply to various cases described in Rule 4 (e), as amended, where service is effected through attachment or other process by which the court does not acquire jurisdiction to render a personal judgment against the defendant.

Settling Case and Counter Case in Different Courts Key Principles: When there are two criminal cases (a case and counter case) related to the same incident, it is generally preferable for them to be tried and disposed of by the same court through separate but simultaneous judgments.

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