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S.S. UPADHYAY
Former District & Sessions Judge/Legal Advisor to Governors
Uttar Pradesh, Lucknow (INDIA)

 

Shri Shyam Shankar Upadhyay has been a District & Sessions Judge in Uttar Pradesh. He has served as Judge in District Judiciary in different capacities in several districts of Uttar Pradesh and has also served as Additional Director of Training at the ‘Institute of Judicial Training & Research, Uttar Pradesh, Lucknow’. He has trained Judges, Magistrates, police & jail authorities, public prosecutors and others in legal and judicial matters. His services for providing training in legal matters to the administrative officers of various levels are also solicited at the ‘Uttar Pradesh Academy of Administration & Management, Lucknow’. He has delivered more than 5000 lectures on several important law subjects at the Judicial Training Academies of various States, at the Lok Nayak Jay Prakash Narain Institute of Forensic Sciences & Research, Rohini, New Delhi, Dr. Ram Manohar Lohia National Law University, Lucknow and also at several other universities of India. He has prepared huge valuable reading materials for Judges, Magistrates, public prosecutors, jail authorities, police officers on various law subjects and the same have been published in many journals, brochures, magazines, and books etc. He has authored four books titled   (1) “The Governors’ Guide: Powers & Functions of Governors under the Constitution of India”, (2) University Law in India”, (3) "Law of Disciplinary Proceedings in India" and (4) "Life & Legacy". The said books have been published by the world fame law publishers ‘Lexis Nexis’ and 'Thomson Reuters' and have been appreciated by the Hon’ble President of India, Judges of the Supreme Court of India and the High Courts and the other constitutional dignitaries. The said books are available on Amazon and Flipkart for online purchase. Many Articles written by him on different subjects of social, literary, religious and spiritual importance have also been published in several magazines of different organizations in different States of our country. He has delivered lectures on various law subjects to the teachers of various Universities of India under the UGC sponsored refreshers programs. From 2011-2018, Shri Upadhyay served at Raj Bhavan, Lucknow as Legal Advisor to three Hon'ble Governors of Uttar Pradesh. Several Articles written by him on various law subjects are posted here for use of judges, lawyers, law teachers, law students, law researchers and all those who need guidance on any law subject. These Articles are periodically updated by assimilating therein the latest judicial pronouncements (rulings) of the Courts particularly those of the Supreme Court of India.

 

ARTICLES

 

CIVIL LAWS

 
  1. Advocates & Attorneys

  2. Affidavits & Oath Commissioners

  3. Amendment of Pleadings

  4. Appreciation of Evidence in Civil Cases

  5. Commission & Survey Commission

  6. Counter Affidavits in Writ Petitions

  7. Court Fees & Valuation

  8. Custody of Minors in Criminal Matters

  9. Execution of Decrees

  10. Guradians & Wards Act

  11. Interim Injunctions

  12. Jurisdiction of Civil Courts

  13. Jurisdiction of Civil Courts Vis-a-Vis C.H.Courts

  14. Jurisdiction of Civil Courts Vis-a-Vis Revenue Court

  15. Appeal (Civil)

  16. Revision (Civil)

  17. Law of Limitations

  18. Specific Performance of Agreements

  19. Mistakes & Procedural Lapses and Duty of Courts

  20. Notice u/s 80 CPC

  21. Service of Processes in Civil Cases

 

CRIMINAL LAWS

 
  1. Application of Modern Scientific Techniques in the Investigation of Crimes

  2. Appreciation of Evidence in Criminal Trials & Criminal Appeals

  3. Charges in Criminal Cases

  4. Circumstantial Evidence & its Appreciation

  5. Cognizance & Summoning of Accused

  6. Death Sentence & its Relevance in Modern Times

  7. Certain Provisions of Electricity Act, 2003

  8. Disposal of Property in Criminal Cases

  9. DNA Test & its use in Detection of Crimes

  10. Immoral Traffic (Prevention) Act, 1956

  11. Forest Offenders and their Arrest, Detention, Remand & Bail

  12. Appeal (Criminal)

  13. Revision (Criminal)

  14. Remand u/s 167 CrPC

  15. Essential Commodities Act, 1955

  16. NDPS Act, 1985

  17. Negotiable Instruments Act, 1881

  18. Offences and Penalties under the Registration Act, 1908

  19. Prevention of Corruption Act, 1988 & Sanction for Prosecution

  20. SC-ST (Prevention of Atrocities) Act, 1989

  21. Legal Bars for Prosecution u/s 197, 195/340 CrPC and u/s 19 of the P.C. Act, 1988

  22. Legal Bars for Prosecution of Public Servants

  23. Public Prosecutors and their Powers & Functions

  24. Principles of Sentencing

  25. Probation of Offenders

  26. Bail & Protection of Personal Liberty

  27. Bail & Protection of Personal Liberty (for Magistrates)

  28. Section 313 CrPC and Statements thereunder

  29. Section 156(3) CrPC and Registration of FIRs

  30. Section 321 CrPC and Withdrawal of Prosecution

  31. Section 319 CrPC and Summoning of Additional Accused

  32. Section 311 CrPC and Summoning of Witnesses

  33. Doctors and their Role in Dispensation of Criminal Justice

MAINTENANCE TO WIVES & OTHERS

 
  1. Custody of Minors in Criminal Matters

  2. Maintenance to Wives & Others

  3. Muslim Women (Protection of Rights on Divorce) Act, 1986

DOMESTIC VIOLENCE LAWS

 
  1. Domestic Violence Act, 2005

DNA, POLYGRAPH, NARCO-ANALYSIS, LIE-DETECTOR TESTS ETC.

 
  1. DNA, Narco-Analysis, Polygraph, Lie-Detector Tests etc.

JUVENILE JUSTICE

 
  1. Juvenile Justice

HUMAN RIGHTS

 
  1. District Judiciary & Fundamental Rights

  2. Human Rights

  3. Role of Judiciary in Protecting Human Rights

MOTOR ACCIDENT CLAIM PETITIONS

 
  1. Motor Accident Claim Petitions

PRECEDENTS AND LAW THEREON

 
  1. Precedents and Law Thereon

INVESTIGATION OF CRIMES

 
  1. Application of Scientific Tests in the Investigation of Crimes

  2. Laches in the Investigation of Crimes

PRISONERS & DUTY OF COURTS

 
  1. Prisoners & Duty of Courts

HOW TO WRITE JUDGMENTS & ORDERS

 
  1. How to Write Judgments & Orders

DISCIPLINARY PROCEEDINGS

 
  1. Law of Disciplinary Proceedings

  2. Protection to Civil Servants under the Constitution of India & Other Legislations

ROLE OF ADVOCATES IN ADMINISTRATION OF JUSTICE

 
  1. Role of Advocates in Judiciary

STRICTURES & REMEDIES: DEFENCES AGAINST JUDICIAL ASSAULT

 
  1. Strictures & Remedies: Defences Against Judicial Assault

PROTECTION TO JUDICIAL OFFICERS

 
  1. Conduct of Judicial Officers

  2. Protection to Judicial Officers

  3. Strictures & Remedies

  4. Model Representations against Adverse Entries in ACRs & Written Statements/Replies to Charge-Sheets

RTI ACT, 2005

 
  1. Right to Information Act, 2005

  2. Right to Information Rules, 2015

REFORMS REQUIRED IN DISTRICT JUDICIARY

 
  1. Reforms Required in Sub-ordinate Judiciary

MISC. SUBJECTS

 
  1. District Judiciary & The Vigilance System

  2. Media and Impact of its Interference in Investigation & Trial of Offences

  3. Legal Services & Lok Adalats

  4. Miscellaneous Judicial Problems of the Civil Judges (Junior Division)/Judicial Magistrates

  5. Speaking & Reasoned Orders: Necessity Thereof

  6. Protection to Women under Various Laws in Criminal Matters

  7. Transfer of Cases

SOCIAL, RELIGIOUS, SPIRITUAL, LITERARY & ALIKE SUBJECTS

 
  1. Abhivadan Parampara

  2. Ashtaang Yoga

  3. Baba Belkhar Nath Dham

  4. Concept of Rule of Law in Ramcharit Manas

  5. Dhanarjan Ki Bhartiya Avdharna

  6. Dambh (Ego)

  7. Dharma

  8. Ganga

  9. Gola Gokarn Nath

  10. Higgs Boson

  11. Law on Protection of Rights of Lepers

  12. Namami Gange

  13. Raj-Dharm

  14. Role of Doctors in Dispensation of Criminal Justice

  15. Law Students and their Roles

  16. Swasthya Evam Adhyatm

  17. Yoga

  18. Maha Kumbh at Prayagraj

  19. Media Trial

  20. Human Rights and Social Inclusion

  21. Medical Negligence and Defences of Doctors

  22. Hindi Bhasha Ke Samksha Chunautiyan

  23. Gandhi Darshan

  24. Origin of Universe