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Criminal Defense & Quashing Criminal Proceeding In Case Of Fraud: Legal Advice

Hereinbelow, the best criminal defense is being apprised that would help the accused, who is maliciously charged with the offence of Cheating, to save his money, time and reputation. The criminal defense would also save the accused from agony of the court room and trial. The term fraud is not defined in the Indian Penal Code (IPC), 1860 but its implication is given under section 421-424 of the Indian Penal Code (IPC), 1860. TThese sections are apprised hereinbelow: Here the, grounds to obtain bail easily upon being falsely implicated under any of the provisions for cheating, thereof. Section 421 – 424...

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Appreciation of Evidence & Grounds of Bail in a Cheating Case

Section 415 of the Indian Penal Code (I. P. C.), 1860 defines Cheating as when any person, by betraying any person, dishonestly or fraudulently induces such deceived person to deliver any property, or to do or omit to do any act that he would have not done if he was not deceived, and thereby such deception could cause or likely to cause damage or harm to deceived person in mind, body, property or reputation. Section 417 penalises cheating with imprisonment of upto 1 year, or with fine, or with both. Section 416 of the Indian Penal Code (I. P. C.), 1860...

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Criminal Defense & Quashing of Criminal Proceeding in case of Cheating: Legal Advice

Section 415 of the Indian Penal Code (I. P. C.), 1860 defines Cheating as when any person, by betraying any person, dishonestly or fraudulently induces such deceived person to deliver any property, or to do or omit to do any act that he would have not done if he was not deceived, and thereby such deception could cause or likely to cause damage or harm to deceived person in mind, body, property or reputation. Section 417 penalises cheating with imprisonment of upto 1 year, or with fine, or with both. Section 416 of the Indian Penal Code (I. P. C.), 1860...

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Criminal Defenses against False Allegation of Rape

As per the report of the Delhi Commission of Women, in 2014 study of the case filed between April 2013-July 2014 revealed that 52.3 % of the cases were false. Date Journalist of The Hindu, Rukmini Shrinivasan, conducted the study of 460 cases that went to a full trial in Delhi district Courts in 2013 and compared the initial complaint made to police with the proceedings of the Court. The outcome of the study was shocking, more than one-third of the 460 cases were false in which woman consummated their relationship and when the woman parents discovered about sexual intercourse,...

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Legal Advice on Countering & Reporting of Cyberbullying

Hannah Hamid was a final year B.Sc (Chemistry) student at a private college in Thodupuzha. She was trolled in the social media platforms such as Facebook, Twitter etc. for selling fish in the market after college hours. A false rumour was also spread that she is an actress who is promoting her film by selling fish in the market. Thereafter, she was stopped by the Police to sell fish in the market and people of her native place also started to misbehave with her. After the intervention of the national media and social activists trolling was stopped and rumours were...

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Legal Advice for Corporates before they commence Manufacturing of Beauty Products & Cosmetics in India

The Indian Beauty and Personal Care Industry (BPC) is expected to grow at a whopping 25% by the year 2025, covering US$ 20 billion share in the global market. According to experts in this area, the growing awareness in beauty products, purchasing power of individuals and the change in consumption patterns of consumers are a few amongst many reasons for the growth of the industry. While the market is largely dominated by international brands, domestic players have been emerging to capture their share in the ever increasing market. As the country witnesses a constant growth of new brands/companies being either...

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Legal Advice & Tips for Defence Tech Startups in India

India, with the second largest armed forces in the world and the well-grounded “Make In India” initiative for production of defence technology, the country is set to toughen up private sectors in manufacturing high-tech defence weaponry. India comes third in the list in terms of military expenditure after US and China with a gigantic $71.1 billion dollars in number. Under the government’s wings, 194 defence tech start-ups are working and innovating arms, weapons and all kinds of “fit for military use” products through the “startup India” mission. It is therefore essential to know the legal compliances in the realm of...

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Legal Advice for Challenges faced by Corporations rendering Stock Advisory Services

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...

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De-Coding the Draft E-Commerce Rules of 2021

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...

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Ambit of Compensation & Reliefs under a Cheque Bounce Case

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...

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