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Criminal Law

Bail | Types | Grounds for Bail | Conditions for Bail | Powers of the Courts | Cancellation of Bail | Best Criminal Lawyer Advice

"There are a lot of grounds available for bail to the alleged accused. Further, the alleged accused has a lot of criminal defenses available to protect his/her legal rights. Obtaining bail is a very complex task and requires expert legal advice on criminal laws by the best criminal lawyer. Further, the tendering of evidence which includes all the exhibits i a criminal trial or in criminal proceedings is also not simple. The entire process involves lot of expertise and proficiency." IntroductionBail, is the procurement of release from prison of a person awaiting trial or an appeal, by depositing a security to...

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Giving threats to commit Suicide amounts to Cruelty: Best Criminal Lawyer Advice

Pankaj Mahajan v. Dimple [(2011)12 SCC 1The facts of the case are that the marriage of appellant namely Pankaj Mahajan and respondent Dimple was solemnized on 2 october,2000 and they had one female child out of wedlock. After the marriage, the appellant notices some changes in the behaviour of the respondent. She used to abruptly get very aggressive and suspicious in nature. In her anger, she used to give threat to appellant that she would end her life by committing suicide and frame the appellant and his family member in forged criminal case, unless provided with a separate residence. On...

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Distinguishing Cruelty from the Ordinary Wear & Tear of Family Life: Best Criminal Lawyer Advice

No Desertion without Prior Cohabitation by the Parties & Cruelty must be distinguished from the Ordinary Wear and Tear of Family Life: Best Criminal Lawyer AdviceSavitri Pandey v. Prem Chandra Pandey [(2002)2 SCC 73]The facts of the case are that the appellant Savitri Pandey approached the matrimonial court praying for dissolution of marriage alleging Cruelty and Desertion as a ground for divorce against her husband namely Prem Chandra Pandey. Further, the appellant prayed for direction to the respondent to return the ornaments he(respondent) received at the time of marriage. Their marriage was solemnized on 6 July,1987 and they started living...

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Grounds for Anticipatory Bail & Criminal Defenses for Men in Domestic Violence Cases: Best Criminal Lawyer Advice

"Men also have legal rights in a divorce case. There are a plethora of criminal defense available to men in a divorce case. Further, there are ample grounds for bail for men in a divorce case. Although law is a bit inclined towards the protection of women yet men also have a plethora of legal rights to their avail in a divorce case. All these can be duly discussed with a criminal lawyer who has vase experience in handling criminal cases and has ample experience of getting bail in divorce cases." Section 3 of the Protection of Women from Domestic Violence Act,...

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Legal Consequence of Publishing Illicit Content on Mobile Apps: Best Criminal Lawyer Advice

"Publication of obscene material is a criminal act or a criminal offense which is non-bailable and non-compoundable in nature. Publication of illicit content or obscene material either on a website or on mobile application attracts criminal liability under the penal laws and/or the Information Technology laws or the IT laws. There are a very few criminal defenses available to the accused and very few grounds are available to obtain bail in such cases." With tremendous development of technology the use of the internet has grown by leaps and bounds in India. However with the increasing use and dependency upon the internet,...

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Criminal Defense of Requisition Before Search in Gold Smuggling Cases: Best Criminal Lawyer Advice

"Gold smuggling is a criminal offense which is non-bailable and non-compoundable in nature. Gold smuggling is squarely dealt under the Customs Act of 1962 and the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPSA), 1974. There are only a limited criminal defenses available in a gold smuggling case. Further, there are limited grounds for bail in a gold smuggling case. Section 2(39) of the Customs Act (CA), 1962 states that smuggling, concerning goods, means that any omission or act which would cause such goods liable to be confiscated under section 111 or section 113 of the Customs Act...

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Criminal Defense of Fine in lieu of Forfeiture in Gold Smuggling Cases: Best Criminal Lawyer Advice

"Imposition of fine cannot always be allowed against forfeiture of goods under the Customs Act of 1962 or the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act (SFEMA), 1976 respectively. Having said that, the best customs lawyer advice is to ensure the application to be filed before the Customs Officer or before the Court having the competent jurisdiction and to request for non-forfeiture of goods and imposition of fine." Section 2 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act (SFEMA), 1976 is applicable to those persons who have been convicted under Customs Act (CA), 1962 or the...

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Criminal Defense for Release of Conveyance in Gold Smuggling Cases: Best Criminal Lawyer Advice

"Can a vehicle used for gold smuggling be seized by the Police ? Yes, the vehicle of gold smuggling can be seized by the Police. Can the vehicle used for gold smuggling be released ? Yes, the vehicle used for gold smuggling can be released by the order of the Court having competent jurisdiction. Gold smuggling is a criminal offense under the Indian laws. It is a punishingly offense under the Customs Act of 1962 and Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPSA), 1974 respectively. The vehicle used in gold smuggling is impounded or seized but...

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Revocation of Detention Order in Gold Smuggling Cases: Best Criminal Lawyer Advice

"Gold smuggling is a nonbailable and non-compoundable criminal offense but mere gold smuggling is not a terrorist act. Different states in India have different quantum of punishment for gold smuggling. The act is a criminal act as per the Customs Act of 1962 and COFEPSA. There are generally very few criminal defenses available to the alleged accused and the grounds for bail in a gold smuggling case are also limited. " Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPSA), 1974 confers power to Central Government, State Government, Officer appointed by the Central Government in...

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Criminal Defense of Discharge in Gold Smuggling Cases: Best Criminal Lawyer Advice

"The criminal defense available in a gold smuggling case or the grounds of bail available in a gold smuggling case primarily depends upon the direct evidence i.e. firstly whether the smuggled gold was recovered from the alleged accused and secondly whether the alleged accused has been involved previously and/or charged with a gold smuggling case and has criminal antecedents. Circumstantial evidence does not matter much in a gold smuggling case." Section 2(39) of the Customs Act (CA), 1962 states that smuggling, in relation to goods, means that any act or omission which will render such goods liable to be confiscated under...

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