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Author: MyLawyer

Best and Experienced Lawyers online in India > Articles posted by MyLawyer (Page 11)

Legal Advice for Challenges faced by Corporations rendering Stock Advisory Services: Best Corporate Lawyer Advice

"Is rendering stock advisory services in India illegal ? No, rendering stock advisory services in India is not illegal. Can stock brokers give stock advisory services in India ? Yes, stock brokers give stock advisory services in India. Giving stock advisory services in India is a legitimate act, however, the Entrepreneur or the Corporate need to comply with several laws, rules and regulations especially the ones of the Securities & Exchange Board of India SEBI and other regulatory agencies." In India only about 3.7 percent of the total population invest and trade in the Financial Market. Out of them less than...

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De-Coding the Draft E-Commerce Rules of 2021: Best Corporate Lawyer Advice

"The Draft E-commerce Rules of 2021 has been formulated to improve the e-commerce structure in India. Further, a level playing is sought between the startups in India and the big Corporations in India. This is further aimed at creating an appropriate mechanism for ecommerce portals and ecommerce websites in India for their functioning which includes a proper complaint mechanism. Thus, the startups in India should become aware about the laws of India including the consumer laws and the IT laws and should become well compliant towards them " The government has proposed changes to the e-commerce rules under the Consumer Protection Act...

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Ambit of Compensation & Reliefs under a Cheque Bounce Case: Best Criminal Lawyer Advice

"Do Courts in India award compensation in a cheque bounce case ? Yes, Courts in India award compensation in a cheque bounce case. Do Court in India award litigation expenses in a cheque bounce case ? Yes, Courts in India sometimes award litigation expenses in a cheque bounce case.  Under the Negotiable Instruments Act of 1881 a cheque bounce case is a quasi criminal offense and has some ambit of civil jurisdiction also in it." In the case of an account payee cheque or otherwise, the legal remedies available are as under • Complaint must be filed within 30 days after...

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Filing an Appeal in a Cheque Bounce Case: Best Criminal Lawyer Advice

"Is appeal permissible in a cheque bounce case ? Yes, filing an appeal before a higher Court is permissible in a cheque bounce case. Further, the alleged accused has to deposit 20% of the debt amount with the Court in order to file an appeal before a higher Court. Generally speaking tendering of a new evidence or document is not allowed in an appeal, however, there are decisions of the High Courts wherein a new evidence is allowed at an appeal stage. Appeal can be filed both against aquittal and conviction" Appeal in case of Acquittal:In a recent instance, the Madras...

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Grounds of Bail in a Cheque Bounce Case: Best Criminal Lawyer Advice

"The first question in a cheque bounce case which comes to mind is to how do I obtain bail in a cheque bounce case ? Can Police arrest in a cheque bounce case? What are the grounds for bail in a cheque bounce case?  What are the legal remedies available in a cheque bounce case ? All these questions have been answered in detail along with the entire process of cheques bounce case." Bail is the interim release of an alleged person awaiting trial, usually in exchange for a monetary deposit to ensure their attendance in Court. Bail generally refers to...

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Determining Jurisdiction of a Court in a Cheque Bounce Case: Best Criminal Lawyer Advice

"The jurisdiction of a Court in a cheque bounce case is determined where the cheque is presented. Cheque bounce case is a quasi criminal case which is bailable and compoundable in nature. There are criminal defenses and legal remedies available to the accused in a cheque bounce case. It does not matter where the cheque is/are issued but what matters is/are where the cheque is presented for encashment." The Negotiable Instruments Act (as amended in 2015), and the Negotiable Instruments (Amendment) Act, 2015, established that, the jurisdiction for bringing a complaint under section 138 of the Act would be the location...

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Five Landmark Cheque Bounce Cases: Best Criminal Lawyer Advice

"Cheque bounce cases are quasi criminal in nature and is/are a bailable and compoundable offense. Further, the case is ultimately aimed at the discharge of the legal debt or the legit debt which the complainant had extended to the alleged accused. There are generally a very few criminal defenses available to the accused in a cheque bounce case. The affidavit of evidence and the documentary evidences are very important." The Negotiable Instruments Act of 1881 has a long-term goal in mind, and any decisions that have been made in cases involving this Act, have a huge impact on directing the Act...

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Criminal Defenses in a Cheque Bounce Case or Legal Remedies in a Cheque Bounce Case: Best Criminal Lawyer Advice

"Legal remedies in a cheque bounce case or criminal defenses in a cheque bounce case are very limited. The primary evidence in a chequ bounce case is the discharge of legitimate debt and the issuance of cheque in furtherance to the discharge of the legal debt. Obtaining regular bail in a cheque bounce case is quite easy as compared to other criminal offenses. An offense of cheque bounce is a quasi criminal offense." A cheque bouncing case occurs when a bank sends back any cheques unpaid owing to a lack of cash in the drawer's account, among other things. It's also...

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Criminal Defenses & Legal Remedies available against False Accusation of Rape after the Couple had Consensual Sex: Best Criminal Lawyer Advice

"Sometimes consensual sex by a couple is misconstrued as rape or it is portrayed as rape and is deliberately made a non-bailable and non-compoundable offense. Obtaining anticipatory bail or regular bail in such cases becomes difficult. Further, the legal remedies available to the alleged accused are also limited. Scope of criminal defenses is/are also limited and thus prooving a person innocent in a criminal trial or criminal case further becomes difficult." Something strange is going on in India. The trend of pre-marital sex is on the rise, but simultaneously, so are the number of women falsely alleging rape after having consensual...

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Criminal Defenses & Legal Remedies available against False Accusation of Rape during a Live-in Relationships: Best Criminal Lawyer Advice

"Fake accusation of rape during a live-in relationship has become very common these days. Further, it becomes difficult to obtain bail and the arrest of the alleged accused is imminent as rape is a non-bailable and non-compoundable offense as per the Indian Penal Code IPC of 1860. Further, there are only a few criminal defenses available to the alleged accused and medical evidence plays a very important role in tendering the defense evidence in Court. Thus, a legal advice from the best criminal lawyer or criminal defense lawyer is necessary." With the changing mindset of Indian society, Live-in relationships are now...

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