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Bail under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985

Bail refers to the temporary release of a person from legal custody on deposit of security and undertaking that he/she shall appear at the time and place designated and submit himself to the jurisdiction and judgement of the Court. It is originated from an old French word ‘bailer’ which means ‘to give’ or ‘to deliver’. However, the basis of bail lies in the principle that there is a presumption of innocence of a person until he is found guilty. In most of the cases where bail is granted a sum of money or property has to be deposited to the Court...

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Burden of Proof under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985

Evidence in a case plays the most crucial and stands the deciding factor for an alleged person or and accused person to be convicted or exonerated. Thus, the importance of tendering evidence is above anything in the criminal trial. There are two types of evidences which are considered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 during search and seizure, they are Direct and Indirect Evidence. Direct Evidence are those which directly prove the offence committed by the accused and has a direct incriminating value i.e. Forensic Evidence like Fingerprints, Toxicological Evidence for proving one’s intoxication of the controlled...

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Arrest under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985

Every individual citizen of India has a fundamental right to get freedom guaranteed under Article 21 of the Indian Constitution, which states “No individual shall be deprived of his life except according to the procedure established by law”. Furthermore, as per Legal Dictionary by Farlex, “Arrest” means “a seizure or forcible restraint; an exercise of the power to deprive a person of his or her liberty; the taking or keeping of a person in custody by legal authority, especially, in response to a criminal charge” If a person contravenes the provisions mentioned in the Narcotic Drugs and Psychotropic Substances NDPS Act, then...

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Guidelines for Borrowers, NPAs under the SARFAESI Act, 2002

The Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest (SARFAESI) Act of 2002 is quite a convenient tool for banks and other financial institutions which includes Non-Banking Financial Company (NBFC) to recover the debts from their borrowers as financial creditors. But the borrowers are also entitled to certain rights under this SARFAESI Act of 2002 to claim damages if there is default on the part of these financial institutions. The term ‘borrower’, according to Section 2 of the SARFAESI Act, 2002 refers to “any person who; has been granted financial assistance by any bank or a financial...

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V.J. Dhanapal v. Union Bank of India and Ors. C.R.P. (PD) No. 3697 of 2017

The present case was a revision petition filed by the petitioner borrower, V.J. Dhanapal, who was one of the partners of M/s. Haris Chicken which had been receiving financial assistance from the Union Bank of India, Bangalore. There was a default on his part, due to which the account of the borrower was classified as a Non-Performing Asset (NPA). Thereafter, the respondent bank issued an auction sale notice, fixing the date for sale on 27/9/2013. The petitioner challenged the notice due to non-compliance of the requirements under Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of...

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Laws on Specific Performance of Contract

Specific Performance of contract refers to the obligation to perform the contract as per the terms and conditions. In case, a party fails to perform his part of the contract, the aggrieved can approach the court and seek the remedy of specific performance. Under the current Indian Legal System, the courts are inclined towards granting relief of specific performance mainly in cases where compensation in the form of monetary damages would be an inadequate remedy for the aggrieved party. The law relating to specific performance has been comprehensively dealt with under the Specific Relief Act, 1963. However, due to the outdated...

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Dipankar Chakraborty v. Allahabad Bank and Ors. AIR 2017 Cal 289

The petitioner borrower in the present case had submitted that, he had enjoyed credit facilities from the bank. Since the bank had not acted in terms of its obligations, the petitioner was obliged to file a suit for damages being Money Suit No. 120 of 2000 before the learned City Civil Court at Calcutta against the bank. Furthermore, in the present scenario, the bank had not filed its claims within the time period of 30 days before the court due to which the veracity of their case got affected immensely. This was one ground on which the petitioner had approached...

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Internet of Things (IoT): Data Protection & Privacy Laws

Internet of Things (IoT) is nothing but a connected web of devices that performs specific task with almost no human intervention. Each device in this web has a specific task to perform and pass the data processed by it to the device next to it in the series. In this way the task under Internet of Things (IoT) is performed by a number of connected devices sharing information (data) with other devices in the web. Each device has some basic set of programming and coding upon which the entire performance of that device depends. In today’s competitive era there is...

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Internet of Things (IoT) & Indian IP Laws

Humans always want a comfortable journey of life. The more helping hand a person has to fulfill his responsibilities, the more comfortably he will live. With the advancement in technologies and increased internet connectivity, in today’s technological world, one such hand is “Internet of Things (IoT)”. Cisco systems, an American multinational technology company, defines Internet of Things (IoT) as “simply the point in time when more ‘things or objects’ were connected to the internet than people”. In other words, Internet of Things (IoT) is a web of connected devices that is inserted as an integral part of any physical object...

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Indian Defense-Tech Startups & their Intellectual Property (IP) | DefenseTech Startup Lawyer in Delhi NCR | DefenseTech Company Lawyer in Delhi NCR | Technology Lawyer in Delhi NCR |

DefTech Startup Lawyer in New Delhi | DefTech Startup Lawyer in Delhi NCR | DefTech Startup Lawyer in Delhi | DefTech Startup Lawyer in Noida | DefTech Startup Lawyer in Gurugram | DefTech Startup Lawyer in India | Legal Solutions for DefTech Companies in India | Legal Solutions for DefTech Companies in Delhi | Legal Solutions for DefTech Companies in Noida | Legal Solutions for DefTech Companies in Gurugram | Legal Solutions for DefTech Companies in Delhi NCR | Legal Advice for DefTech Companies in Delhi NCR | Legal Advice for DefTech Companies in Delhi | Legal Advice for DefTech...

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