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criminal law


False Complaint by Wife U/s 498A/406 - How/When can It be Quashed?

The instances of false and frivolous complaints under section 498 A and 406 and sometimes even under section 304 B have become very frequent in the Indian courts. Such complaints often are filed with the aim of harassing the husband and his family to the end of monetary extortion or even extortions in kind. p style="text-align..

Posted in articles |   3 comments |   6 Views


Contradiction & Omission in Cross Examination

Introduction Contradictions between two statements of a witness play a crucial role in deciding the fate of a criminal case or trial. Contradictions can be categorised into two: direct contradictions and contradictions by omissions. Making some sort of alterations or improvements in the prior and later statements b..

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Look out circular and procedure of cancellation

Cancellation of Look-Out-Circular What is a Look-Out Circular, and who can issue and when can it be issued? Does LOC lead to arrest? Whether anticipatory bail can be granted by Competent Court even if LOC was issued? Look Out Circular or LOC is nowhere defined in Criminal Proced..

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Bail during pendency of criminal appeal by supreme court

Bail when Appeal is pending in Supreme Court The Special Leave Petition is filed by accused u/a 136 of Constitution of India before Hon’ble Supreme Court of India, who has been convicted by High Court. Supreme Court is exercising appellate criminal as well as civil jurisdiction under Article 136 of Consti..

Posted in articles |   538 Views


Dishonour of cheque & its consequences

What a cheque in law means A cheque is a transferrable (negotiable) instrument in writing, containing an unconditional order signed by its maker (drawer), directing a specified banker (drawee) to pay on demand, the sum of money specified on the instrument, to a person (payee) or to the order of him or to the be..

Posted in articles |   536 Views


Examination of bones

Anatomist, dentist, anthropologist, and radiologist having medico-legal experience may be consulted for the examination of bones. Depending on the completeness of skeletal remains, an option can be given on the following aspects: Source, whether human or animal Whether bones belong to o..

Posted in articles |   142 Views


The battered baby syndrome

The battered baby syndrome is a term used to define a clinical condition in young children usually under three years of age, who have received non-accidental violence or injury on one or more occasions, at the hands of an adult in a position of trust, generally parent, guardian, or foster parent. In addition to physical injury, there may be deprivation of nutrition, c..

Posted in articles |   56 Views


How to seek bail in false cheque bounce case

Ubi jus ibi remedium means 'where there is a right there is a remedy' clearly justifies the essence of the intention of the legislature. In recent days, people use their right as a weapon to get their malafide intention accomplish. These days, every second person is surrounded by a greed of money and to get over it uses the law as a tool to get wrongful gain. Indian..

Posted in articles |   226 Views


How to seek bail in false rape cases

GROUNDS TO SEEK BAIL IN FALSE CASES UNDER POCSO Recently on 24th of July, 2019 Rajya Sabha passed the Protection of Children from Sexual Offences Bill, 2019. This bill provides more stringent punishment to the offenders such as death penalty. By introducing this amendment bill our legislatures shows their seri..

Posted in articles |   1 comments |   207 Views


Practical aspects of Anticipatory Bail: The Niceties

What is Anticipatory Bail? Relevant Provision: Section 438 of Cr.P.C.) What does the word anticipatory bail not mean is to be understood first to understand the whole concept of Anticipatory bail. Anticipatory bail does not mean that bail be granted before arrest but refers to a pre-arrest ord..

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Supreme Court to consider taking up Unnao rape case on judicial side

The Supreme Court of India will consider taking up the letter written by the Unnao rape case victim to Chief Justice of India Ranjan Gogoi on the judicial side. The letter written by the victim and her family members claimed that they were being threatened by followers of accused BJP MLA, Kuldeep Singh Sengar...

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Controlling Child-Porn Related Crimes

As per information provided by Ministry of Home Affairs, Police andPublic Order are State subjects under the Seventh Schedule to the Constitution of India. The responsibility to maintain law and order, protection of life and property of the citizens including children, rests primarily with the respective State Governments and UT Administration. The State/UT Governme..

Posted in news |   46 Views


Look-Out Circular: Arrest or Bail

What is a Look-Out Circular, and who can issue and when can it be issued? Does LOC lead to arrest? Whether anticipatory bail can be granted by Competent Court even if LOC was issued? Look Out Circular or LOC is nowhere defined in Criminal Procedure Code, although, in common parlance, LOC means a document i.e. letter used by aut..

Posted in articles |   643 Views


What after dismissal of Review Petition by Supreme Court of India?

Any aggrieved person approached to Hon’ble Supreme Court with the great hope and curiosity that their legal rights will be clearly and precisely decided by Hon’ble Supreme Court after following due process of law and with correct interpretation of law with no error of such magnitude that judgment pronounced by Supreme Court will reflect equity, reasonabl..

Posted in articles |   202 Views


What to do after dismissal of Special Leave Petition in Supreme Court of India

Review literally and even judicially means re-examination or re-consideration on the philosophy that human errors crept sometimes. The decision of Hon’ble Supreme Court is binding on parties, however, aggrieved party has remedy to challenge or get it reviewed the order or judgment passed by Hon’ble Supreme Court in Appellate or Original Jurisdiction..

Posted in articles |   192 Views




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