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06 January 2017 at 11:28

Is it a reasonable belief?

  POSTED BY Kapil Chandna

Though this term is not referred in our legal system as much as the word intention or the knowledge is being referred. But this term is of great significance and plays an important role in respect of the offences wherein the officers of income tax or

  0 comments |   114 Views

30 December 2016 at 11:58

Bail in NDPS Law

  POSTED BY Kapil Chandna

Thought as a matter of constitutional jurisprudence, bail is considered as a rule and jail as an exception, but there are certain special laws wherein this principle of constitution is opposite and bails are considered as an exception. The reason b

  0 comments |   421 Views

12 December 2016 at 13:36

Defendant strategy to disallow witness accused in another offence

  POSTED BY Anil Satyagraha


  0 comments |   280 Views

08 December 2016 at 12:45

NI 138 Quashing

  POSTED BY Nitish Banka

Here are the few judgements for NI 138 Quashing On deposit of cheque amount along with interest @ 18% Pa from the date of cheque till date of payment the proceedings under 138 NI act was quashed. Dalmia Resorts Pvt Ltd V Deepak Gupta (2002)98 DLT 181

  2 comments |   864 Views

05 November 2016 at 16:33

Signature Genuine

  POSTED BY Kapil Chandna

A lot much number of cases are coming forward with the forged signatures and the complainants are waiting for end number of years to get justice. The complainants are running pillar to post to get their complaints registered not knowing that the poli

  0 comments |   303 Views

28 September 2016 at 11:43

Death penalty : A question of inquest and introspection

  POSTED BY Nishtha Malhotra

The death sentence awarded to Yakub Memon, the only terrorist accused in 1993 blasts to get death row amongst others, once again ignited the much debated topic of discussion among the jurists, ju

  1 comments |   168 Views

27 September 2016 at 15:26

Security Cheques and NI138

  POSTED BY Nitish Banka

Security cheques and offence under section 138 NI actBy Advocate Nitish BankaAdv. Supreme CourtSecurity cheques are the cheques only like any other cheques and they create same liability to discharge as if they are the ordinary cheques and attract t

  1 comments |   381 Views

26 September 2016 at 15:41

Why Anticipatory Bail?

  POSTED BY Kapil Chandna

The necessity to grant anticipatory bail arises mainly because sometimes influential persons try to implicate their rivals in false case for the purpose of disgracing them or for other purpose by getting them detained in Jail for some days to get the

  0 comments |   301 Views

15 September 2016 at 12:43

Rape committed by our Legislators with section - 375 of IPC


After the Nirbhaya Delhi Gang Rape case, “The Criminal Law Amendment Act, 2013” came in to force w.e.f 3rd of Feb, 2013. Now this case was recorded as “Rarest of Rare case” in the history of Indian Judiciary case laws. Our par

  0 comments |   508 Views

05 September 2016 at 14:06

Under what circumstances the right of private defense of body extends to causing death

  POSTED BY Ajay Bansal

The right of private defence is a very valuable right and it has been recognized in all free, civilized and democratic societies within certain reasonable limits. Duty to protect the life and property of any person is, primarily, of the state, but no

  5 comments |   1216 Views

02 September 2016 at 11:08

Relevancy, Admissibility and their Evidentiary Value?

  POSTED BY Kapil Chandna

CHILD WITNESS: Section 5 of Indian Oaths Act, 1873 and Section 118 of Evidence Act, 1872 and held that every witness is competent to depose unless the court considers that he is prevented from understanding the question put to him, or from giving rat

  1 comments |   719 Views

08 August 2016 at 10:39

Relevancy, Admissibility and their Evidentiary Value?

  POSTED BY Kapil Chandna

Every case is decided on the basis of the Evidence produced before the court be it oral or documentary, Direct or circumstantial, but the main question that arises for consideration is whether the fact is admissible or not, because sometimes even the

  14 comments |   1452 Views

02 August 2016 at 11:45

Should FIR be Quashed?

  POSTED BY Kapil Chandna

The essential object of criminal law is to protect society against criminals and law- breakers. For this purpose, the law holds out threats of punishments to prospective lawbreakers as well as attempts to make the actual offenders suffer the prescri

  8 comments |   1959 Views

30 July 2016 at 12:38

Should he be Charged?

  POSTED BY Kapil Chandna

One of the most important stages in the criminal trial is the framing of charge and the courts have to be very careful at the stage of framing the charge. The courts can however discharge the accused if the court is of the opinion that no prima faci

  0 comments |   792 Views

29 July 2016 at 10:35

Parole in India

  POSTED BY JasRaj Rajawat

The Prisons Act of 1894 being Act No. 9 of 1894 has defined the furlough system and the parole system under Sections 5(A) and 5(B) of the Prisons Act, 1894 whic

  0 comments |   4626 Views

04 July 2016 at 18:49

Important Guidelines regarding Trail of 138 NI Act Matters

  POSTED BY Ajay Bansal

Important Guidelines regarding Trail of 138 NI Act MattersSupreme Court, laid down guidelines regarding trail of 138 NI ACT cases.Para 21 is relevant1. Many of the directions given by the various High Courts, in our view, are worthy of emulation by t

  7 comments |   2043 Views

29 June 2016 at 11:45

Am I being raped?

  POSTED BY Kapil Chandna

This question very often comes to the mind of a girl who consents having entered into physical relation with her boyfriend on the false promise of being married and when the marriage actually couldn�t happen for any reasons whatsoever, the g

  18 comments |   1404 Views

16 June 2016 at 10:39

No Justice No Peace

  POSTED BY Kapil Chandna

The Maxim �Justice should not only be done, but seem to have been done� finds its place in the Constitution of India as enshrined in Article 21 of the Constitution wherein its broad perspective seeks to protect the persons of their lives

  11 comments |   949 Views

01 June 2016 at 10:15

Should he send back to custody again?

  POSTED BY Kapil Chandna

More often than not this question comes to the mind of every person that once a person a granted bail, he cannot be send back to the prison and he can use his freedom the way he wishes. But now a day�s more number of cases for cancellation of

  0 comments |   502 Views

28 May 2016 at 12:15

Understand Domestic Violence Act Better

  POSTED BY Nitish Banka

The Domestic violence act is a very powerful act and often misused, many orders like maintenance, residence, custody,protection, compensation orders can be passed by the magistrate under the act and it is a quasi criminal procedures as adopted under

  8 comments |   2202 Views


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