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Criminal Defenses & Grounds of Bail in cases of Criminal Breach of Trust

Criminal Breach of Trust is an offence punishable under Section 406 of Indian Penal Code,1860. It is a Non-bailable and Cognizable offence. As it is a non-bailable offence, courts have the discretion to grant bail to the accused or not. Section 437 of Code of Criminal Procedure,1973 mentions the condition when bail can be granted in cases of non-bailable offences. Thus, in case of offence of Criminal Breach of Trust an accused can file an application for grant of bail and provide the arguments about the grounds on which the bail is sought and after that if the magistrate is...

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Deciding Factors before Court grants Bail

When a bail application is submitted by the accused in cases of non-bailable offence, the court have the discretionary power to grant bail to the accused or not. In Bailable offences it is the matter of right to be released on bail and in non-bailable offences it will be the discretion of the court to grant bail or not. Section 437 of Code of Criminal Procedure,1973 mentions the condition when a bail can be granted in cases of non-bailable offences. While adjudicating bail applications the court keeps in mind some factors that helps in deciding whether to grant bail to...

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Live-in Relationship: Laws | Criminal Defenses | Bail Grounds | Appeal | Landmark Cases

Recent judgements of the Supreme Court and High Court evince recognition of the live-in relationship by the law. In the recent order of the Hon’ble Supreme Court in the case of Gurwinder Singh & Anr. v. State of Punjab & Ors. [SLP(Crl.) No. 4045/2021] granted protection of life and liberty to the live-in relationship couple who were denied such protection by the Hon’ble Punjab and Haryana High Court. Then, later same Hon’ble Punjab and Haryana High Court granted protection of life and liberty to the couple of 18 years old and 21 years old in the case of Soniya and...

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Fake News: Meaning |Role | Applicable Laws | Identify | Report | Landmark Judgements

With the growth of internet users as well as social media users, the growth of vulnerability of the users towards the trap of fake news also parallelly increasing. Palghar mob lynching (2020), Anti-CAA riots (2020) and COVID fake news are epic examples that show how much brutal and grave or monstrous fake news can turn into be. Therefore, an attempt is made to enlighten the public about the fake news, its monstrous role, laws applicable, how to identify fake news and how to report fake news. What is a fake news?Fake news is disinformation and misinformation which is being disseminated...

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Legal Advice for Foreign Corporations on Reducing their Hassles while Onboarding Human Resources in India

Unlike domestic firms that operate in their home countries, Multinational Corporations or MNCs that operate around the world face several cultural, legal, logistical, and strategic challenges in terms of staffing and other Human Resource Management (HRM) functions in overseas locations. While doing international business in multiple jurisdictions is exciting, however, there are some legal issues one should be aware of. Running an international business in foreign countries means complying with all applicable domestic laws when oner business is about to prosper. The best legal advice is to comply with and adhere to the local domestic laws of the host country....

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Legal Advice for Indian Companies for their General Data Protection Regulations (GDPR) & Compliances

General Data Protection Regulations (GDPR), which came into existence in May 2018 is regarded as the toughest data privacy legislation so far. The GDPR, in a nutshell provides a legal framework that set rules for the collection and processing of personal information of residents staying in the European Union (EU). It is applicable for any organisation operating within the EU, as well as any organisations outside of the EU which offer goods or services to customers or businesses in the EU. It casts upon all entities, a responsibility to use personal data with consent, for a specific purpose, for...

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Laws & Legal Compliances for BioPharma Companies involved into Genetics & Genomics

With the vast population of India also comes a vast ethnic diversity of genetic ancestry. More than knowing about familial ties, genome sequencing, with this prognostic character, has become a very useful source of information in order to predict the likely course of medical conditions that an individual is susceptible to. It points towards the mutations present in the gene, which when present, puts the person at higher risk of inducing the disease in their lifetime than the person in whom such mutation is found to be absent. However, the potential carried by such data collection and interpretation process continue...

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Criminal Defenses & Grounds for Bail under the Narcotics Drugs and Psychotropic Substances (NDPS) Act of 1985

Illicit traffic or abuse of narcotics drug or psychotropic substance or controlled substance is a major problem not only in India but in the whole world. It is affecting both the health of the citizens as well as the health of the Indian economy. Here in this article, we will understand laws enacted by the parliament to fight against illicit traffic and abuse of narcotics drugs or psychotropic substances or controlled substance. We would be learning how could any person lodge a complaint? What is the procedure for a prosecution? What are the defences available to the accused? Where the...

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Criminal Defenses & Important Evidences on behalf of Husband & his Family Members in Cases of Domestic Violence

The law in India is well settled that, false complaints reported to the police or any concerned authority by either of the spouses against another for mistreatment, abusive behaviour on demand of dowry, shall amount to cruelty. The legal procedures have been well established on the record that false, baseless, scandalous and any sort of unapproved complaint against the husband to anti-dowry cell and allied departments harrows the experience for the husband and with regards to the circumstances of such cases, this will amount to cruelty and is sufficient to prove her intention to dessert the matrimonial home (Smt. Krishna...

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Current Legal Status of Live-in Relationships in India

The traditional Indian societies have always scowled upon the concept of live-in relationship because, unlike marriages, such cohabitation not only lacks legal sanctity but is also believed to disintegrate the fabrication of social order. However, on several occasions, the Courts in India have reiterated that the morals in social values do have their space to operate in society but nothing can be considered above the constitutionally guaranteed freedom of the individual. The legislature has successfully not only recognized live-in relationships but also accorded requisite protection of women by the Protection of Women from Domestic Violence Act, 2005. If two adults,...

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