18 July

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Legal Advice for Challenges faced by Corporations rendering Stock Advisory Services

in Business Laws, Corporate Lawyer, Information Technologies, Legal Advice, Uncategorized

In India only about 3.7 percent of the total population invest and trade in the Financial Market. Out of them less than 50 percent invest wisely and the rest remain dependent on luck which creates distress among them due to heavy loss in the highly volatile market. To overcome and minimize such practice, a new trend in the market has taken its place. The new concept wherein the market factors are adequately evaluated, studied, valued, analysed and reported by experts, thereby minimising the risk and taking appropriate decisions. These experts are termed as Equity Research Analysts. Equity Research mainly includes...

18 July

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De-Coding the Draft E-Commerce Rules of 2021

Posted by MyLawyer

in Business Laws, Corporate Lawyer, Information Technologies, Legal Advice, Uncategorized

The government has proposed changes to the e-commerce rules under the Consumer Protection Act to make framework under which firms function more rigorous. While a number of new provisions are similar to what the Centre sought of social media companies through IT Intermediary Rules announced earlier this year, several proposals in the e-commerce rules are aimed at mounting liabilities for online retailers for goods and services purchased on their platforms. Non-compliance with the terms, if implemented, could be liable to be punished with prison terms and fines of at least Rs. 25,000 under Consumer Law. These rules are made to...

18 July

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Ambit of Compensation & Reliefs under a Cheque Bounce Case

Posted by MyLawyer

in Anticipatory Bail & Regular Bail, Criminal lawyer, High Court, Legal Advice, Uncategorized

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 receipt of the response to the cheque bounce legal notice, or within 30 days after 15 days from the date of receipt of the notice, provided that no response from the cheque drawing received. However there is a possibility that the Metropolitan Magistrate may in extraordinary circumstances forgive the failure to comply with the 30-day time-frame. • The discretionary nature of the cheque also applies...

18 July

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Filing an Appeal in a Cheque Bounce Case

Posted by MyLawyer

in Anticipatory Bail & Regular Bail, Criminal lawyer, High Court, Legal Advice, Uncategorized

Appeal in case of Acquittal:In a recent instance, the Madras High Court decided that under Section 378(4) of the Code of Criminal Procedure, 1973, an appeal against the acquittal of the accused in a cheque bounce case, can only be filed before the High Court. A High Court Bench comprising of Justices M.M. Sundresh, V Bharathidasan, and N. Anand Venkatesh ruled in the judgement of another full bench in S. Ganapathi v. N. Senthilvel (Crl. A (MD) No. 99 of 2015), stated that “An appeal against a Magistrate's decision of acquittal on a complaint would lie only before...

18 July

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Grounds of Bail in a Cheque Bounce Case

Posted by MyLawyer

in Anticipatory Bail & Regular Bail, Criminal Law, High Court, Legal Advice, Uncategorized

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 a bail bond, which is a deposit of money or property to the Court in exchange for the suspect's release from pre-trial custody.There are three types of bail that can be applied for i.e. • Regular Bail- this is usually issued to someone who has been arrested or is being held by the police. Sections 437 and 439 of the Criminal Procedure Code provide for the filing of a...

18 July

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Determining Jurisdiction of a Court in a Cheque Bounce Case

Posted by MyLawyer

in Anticipatory Bail & Regular Bail, Criminal lawyer, High Court, Legal Advice, Uncategorized

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 of the drawee bank. “Logically, the place, site, or venue where the judicial investigation of the case and the trial of the offence should take place should be confined to the region where the drawee bank is located,” as reaffirmed in the judgment relating to Dashrath Rupsingh Rathod v. State of Maharashtra & Anr.(Criminal Appeal No. 2287 of 2009). Further, following the modifications, the Court...

18 July

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Five Landmark Cheque Bounce Cases

Posted by MyLawyer

in Anticipatory Bail & Regular Bail, Criminal Law, High Court, Legal Advice, Uncategorized

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 along a road of progress, , and improvement. This is the primary reason why the importance of few major rulings must be explored and brought to light. Dalmia Cement (Bharat) Ltd v. M/S.Galaxy Trades & Agencies Ltd. (Appeal (Crl.) 957 of 2000),In this case The Supreme Court noted that Section 138 of the Negotiable Instrument Act was enacted with the specific purpose of establishing a particular provision...

18 July

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Criminal Defenses in a Cheque Bounce Case

Posted by MyLawyer

in Anticipatory Bail & Regular Bail, Criminal lawyer, High Court, Legal Advice, Uncategorized

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 known as dishonouring of cheques. The drawer is the one who legally issues the cheque, while the drawee is the one who receives the cheque. It is a breach of the drawer's obligation to pay the drawee. The dishonour of a cheque for inadequacy, etc., of money in the account is covered under Section 138 of the Negotiable Instruments Act, 1881. When a person with a bank account issues a cheque to...

18 July

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Legal Remedies available against False Accusation of Rape after the Couple had Consensual Sex

Posted by MyLawyer

in Anticipatory Bail & Regular Bail, Criminal lawyer, High Court, Legal Advice, Uncategorized

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 sex with the Boy. This has become a very big issue. After the FIR is lodged on the accusation of rape by women, arrest of the accused is certain. There are some legal remedies available to boys in case of false accusation of rape after he had consensual sex. Top Ten Criminal Defenses & Legal Remedies available against False Accusation/Allegation of Rape after the Couple had Consensual Sex Sexual Intercourse with the...

18 July

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Legal Remedies available against False Accusation of Rape during a Live-in Relationships

Posted by MyLawyer

in Anticipatory Bail & Regular Bail, Criminal lawyer, High Court, Legal Advice, Uncategorized

With the changing mindset of Indian society, Live-in relationships are now being accepted. More and more adults are indulging in the practice of live-in relationships. But every new societal change has its own devastating effect on society. In this article, we focus on the False Accusation of Rape during a Live-in Relationships and Legal Remedies available against those False Accusations. Criminal Defenses & Legal Remedies available against False Accusation of Rape during a Live-in Relationships Consensual Physical Relationship cannot be termed as Rape:- In case of false accusation of rape after the accused and complainant had consensual sex in live-in relationship, the...

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