10 August

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Legal Rights available to Women against Cruelty and Harassment committed by their Husbands on Foreign Soil: Lawyers Advice

in Anticipatory Bail & Regular Bail, Cruelty, Harassment & Domestic Violence, Divorce & Maintenance, Divorce Lawyer, Uncategorized

When a court or other competent body legally dissolves a marriage then it is known as divorce. In a country like India, where marriage is considered to be a sacred institution, divorce is often perceived as the complete failure of the institution of the marriage. There is a lot of stigma attached to divorce and divorcees, especially divorced females. In a land as diverse as India, the divorce laws are varied. While Hindus, Buddhists, Sikhs and Jains may seek divorce under the Hindu Marriage Act, 1955, the Muslim, Christian, Parsi communities have their own set of laws. In case the spouses...

10 August

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Role of Medical Evidence in a Criminal Trial: Lawyers Advice

Posted by 360 Digital

in Anticipatory Bail & Regular Bail, Criminal lawyer, High Court, Supreme Court, Uncategorized

The interaction between medicine and law has been increasing over the past few years. The use of medical and scientific evidence plays a major role, especially during criminal trials to identify the accused and prove his/her guilt. This article discusses the importance of medical evidence and its admissibility in criminal cases in India today. Medical evidence is the proof given by medical experts, based on their scientific knowledge, skill and personal experience. In any criminal trial involving offences against the human body, the opinions of these experts play a huge role. Examples of types of Medical Evidences are –...

10 August

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Laws and Legal Procedure to Report Online Cheating and Fraud: Lawyers Advice

Posted by 360 Digital

in Anticipatory Bail & Regular Bail, Criminal Law, High Court, Supreme Court, Uncategorized

With the advancement of technology and widespread use of the internet, more so ever, today, one of the most prevalent crimes, Cyber Crime, has crept into our society. Due to the WFH culture, there has been a massive increase of these cases in our country. Hence, this article deals with the laws and legal procedures to report this crime. Although the term cyber crime has no legal definition, the Ministry of Ministry of Home Affairs/National Cyber Crime Reporting Portal, defined cyber crime as “Any unlawful act where a computer or a communication device or a computer network is utilised to...

06 August

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Evidences & their Evidenciary Value in a Criminal Trial: Lawyers Advice

Posted by 360 Digital

in Anticipatory Bail & Regular Bail, Criminal Law, High Court, Supreme Court, Uncategorized

Crime is prevalent in every part of the world in some way or the other and has transgressed into something new and different with the passage of time. In order to establish who has committed the crime, certain things need to be taken into account. One of these things is evidence, which can be considered to be an instrument to prove or disprove any fact, the truth of which is submitted to judicial investigation. As per Section 3 of the Indian Evidence Act of 1872, evidence is defined as and may constitute- a) Any and all statements...

06 August

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Legal Tips for Tendering Evidence in Defence by an accused in a Criminal case: Lawyers Advice

Posted by 360 Digital

in Anticipatory Bail & Regular Bail, Criminal lawyer, High Court, Supreme Court, Uncategorized

In India, Evidence tendered by an accused in a criminal case is of paramount importance for the judicial bodies to adjudicate correctly. Further, Section 105 of the Indian Evidence Act, 1872 states that when a person is accused of any offence, the burden of proving that the present circumstances falls within any of the General Exceptions is upon him, and the Court shall presume the absence of the said circumstances. In Raj Kumar vs. State of Maharashtra (2009) 15 SCC 292, the Hon’ble Supreme Court held that if the accused took a plea of self-defence, burden was on them under...

06 August

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Legal Tips to obtain Anticipatory Bail from Sessions Court: Lawyers Advice

Posted by 360 Digital

in Anticipatory Bail & Regular Bail, Criminal Law, Criminal lawyer, Legal Advice, Uncategorized

According to Section 438 of the Code of Criminal Procedure of 1973, if a person has reason to believe that he will be arrested on charges of having committed a non-bailable offence, he will apply for an anticipatory bail before the High Court or the Sessions Court for a warrant under this section which, in the event of such arrest, applies. He shall be released on bail and, taking into account the following conditions, the court shall provide him with anticipatory bail; the nature and gravity of the accusation against the applicant.the social background of the applicant including the fact as...

06 August

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Legal Tips to obtain Anticipatory Bail from High Court: Lawyers Advice

Posted by 360 Digital

in Anticipatory Bail & Regular Bail, Criminal Law, Criminal lawyer, High Court, Uncategorized

To understand the procedure to apply for anticipatory bail, we must understand the jurisdiction of the same.There are two key factors to decide the jurisdiction in anticipatory bail cases: ● Alleged accusations of committing an offence, ● Apprehension of arrest; it is not necessary for these to always overlap. Section 438(1) of the Code of Criminal Procedure, 1973 states that if a person has reason to believe that he is accused of committing a non-bailable offence & he may be arrested for the same, then he can apply to the High Court or...

05 June

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