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criminal law


Remand of accused on change of investigating agency

Whether with the change of an investigating authority, police custody of the accused on remand can be sought for, although cognizance of theoffence had already been taken ? p class="MsoNormal" style="margin: 0..

Posted in articles |   2012 Views


Fraud/cheating - simultanious civil and criminal case

 We are frequently consulted for quashment of criminal proceedings on the ground that a civil proceeding for same cause of action is already pending. This hapens often in matters relating to transfer of property and money transactions. the question arises as to whether a pure civil disp..

Posted in articles |   5092 Views


Misuse of 498A and DV

  PROMOTE DOMESTIC AND FAMILY HARMONY DISCOURAGE MISUSE OF FORM AND PROTECTION LAWS SAVE INDIAN FAMILY   Woman protection (gender-biased) laws in India are being grossly misused causing the drastic increase in matrimonial and domest..

Posted in articles |   1 comments |   2862 Views


304 B, IPC - cruelty soon before death

Section 304B of the Penal Code has the following ingredients:   &nbs..

Posted in articles |   4614 Views


A concubine,whether can be prosicuted for u/s 498-A, IPC ?

The Supreme Court on 6 may,2009 held that a girlfriend is not relative, therefore she can't be prosecuted for dowry or cruelty u/s 498-A, IPC In criminal Appeal no.938/2009,U Suvetha v. State, the supreme court had occasion to consider as to whether  the term "relative of husband of a woman" within ..

Posted in articles |   2130 Views


What is Identity Theft?

Almost everyone knows someone has been a Victim. But, there’s still an attitude that somehow it always happens to “the other guy”. But, what if you are the “other guy”? All across India, the fastest growing White Collar Crime in the nation has been identified as Identity Theft- and its affecting each one of us in insidious ways. We have all heard of the problem, but only few have recognized th..

Posted in articles |   1111 Views


Important points regarding s.138, NI Act

To constitute an offence under s. 138 of NI Act, following ingredients must be fulfilled : cheque should have been issued ..

Posted in articles |   1 comments |   3095 Views


Sentencing - Provocation, a relevant consideration

in Tan Rui Leen Russell v Public Prosecutor [2009] SGHC 102 ,  decided on 27th april 2009, the singapore high court held that  "fon..

Posted in articles |   1112 Views


s. 138,N.I.Act - when drower says cheque was lost

Whether return of a cheque by the bank on the ground that it was reported lost by the drawer would attract the penal provisions contained in Section 138 of the Negotiable Instruments Act, 1881 (for shor..

Posted in articles |   3068 Views


Age in view of amendments in JJ Act

  in Hari Ram vs State of Rajasthan a..

Posted in articles |   2698 Views


Crime Scene Management by Forensic Experts

Crime Scene Management by Forensic Experts   - Dr. B.K. Mohapatra, Dr. Kamal Chauhan  U.S. Thakur & Alka Anand          ..

Posted in articles |   4585 Views


How To Overcome A Hostile Witness?

Especially in a criminal case a witness turning hostile has become common due to extrenous considerations and how to turn around and punish the guilty who escapes the arm of law is the question and it has become a moot point and has been debated now and than even before after the post Godhra riots in Gujarat in which numerous accused persons have escaped from conviction and hence the SC has to int..

Posted in articles |   1 comments |   2875 Views


section 125 Cr.P.C

whether it is not an injustice that section 125 of Cr.P.C provides only a safe guard to the women only. There are many cases which we see in our daily life, where all the fault is being done by the female but our judiciary ignores all that and give the maintenance/relief to the female. All the judgements of our Hon'ble Supreme Court and even the clauses of this section 125(4)says "if the women is ..

Posted in articles |   1 comments |   2360 Views


Overview on Domestic Violance Act -

The Protection of Women from Domestic Violence Act 2005 hailed as the first significant attempt to recognise domestic abuse as a punishable offence, to extend its provisions to those in live-in relationships, and to provide for emergency relief for the victims, in addition to legal recourse. In perhaps the first case under the Act, the Tamil Nadu police last week arrested a man following complaint..

Posted in articles |   1276 Views


WHAT IS FIRST INFORMATION REPORT ?

F.I.R. is the abbreviated form of First Information Report. It is the information recorded by the police officer on duty, given either by the aggrieved person or any other person about the commission of an alleged offence. On the basis of the F.I.R. the police commences its investigation. WHO CAN FILE AN F.I.R. Any person can file an F.I.R. He need not be the aggrieved person. It may be mere..

Posted in articles |   1976 Views




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