17 September

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Bail | Types | Grounds for Bail | Conditions for Bail | Powers of the Courts | Cancellation of Bail |

in Anticipatory Bail & Regular Bail, Criminal Law, High Court, Legal Advice, Uncategorized

IntroductionBail, is the procurement of release from prison of a person awaiting trial or an appeal, by depositing a security to ensure his submission at the required time to the legal authority. The monetary value of the security, which is set by the court having jurisdiction over the crime committed by the accused, is known as bail bond. This security may be in terms of cash, power of attorney papers, or the bond of private persons or of a professional bonding company. If the person released on bail fails to surrender himself at the appointed time then the outcome is...

17 September

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Giving threats to commit Suicide amounts to Cruelty

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in Criminal Law, Cruelty, Harassment & Domestic Violence, Divorce & Maintenance, Legal Advice, Uncategorized

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...

17 September

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Distinguishing Cruelty from the Ordinary Wear & Tear of Family Life

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in Criminal Law, Divorce & Maintenance, Divorce Lawyer, Legal Advice, Uncategorized

No Desertion without Prior Cohabitation by the Parties & Cruelty must be distinguished from the Ordinary Wear and Tear of Family LifeSavitri 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 separately after 21 August,...

09 September

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Grounds for Anticipatory Bail & Criminal Defenses for Men in Domestic Violence Cases

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in Anticipatory Bail & Regular Bail, Criminal Law, Divorce & Maintenance, High Court, Uncategorized

Section 3 of the Protection of Women from Domestic Violence Act, 2005 defines that Domestic violence includes acts which harm or endangers the health, safety, life, limb, or wellbeing (mental or physical) of the victim, or tends to do so, and includes causing physical, sexual, verbal, emotional, and economic abuse, perpetrated by any person who is or was in a domestic relationship with the victim. However, the provisions relating to domestic violence are widely misused by the women as a weapon for feud against their spouses and innocent family members. Best Five Grounds for Anticipatory Bail for the Alleged Accused in...

20 August

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Legal Consequence of Publishing Illicit Content on Mobile Apps

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in Anticipatory Bail & Regular Bail, Criminal Law, High Court, Legal Advice, Uncategorized

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, there has been frightening increase of cyber crimes in India. One such cyber crime is the publication of obscene content using the internet. Due to the transcendental reach of internet, published obscene content poses a threat of destroying the moral fabric of the society. In a recent incident, businessman Raj Kundra was arrested for being involved in publishing pornographic content using mobile app 'Hotshots'. The mobile application was mainly used for...

05 August

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

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in Anticipatory Bail & Regular Bail, Criminal Law, High Court, Legal Advice, Uncategorized

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 (CA), 1960. Section 111 and Section 113 of the aforesaid Act confers power to the customs officer to confiscate illegal import and export of goods. Section 11(1) of the said Act confers power upon Central Government to stop, either subject to such absolutely or condition (to be fulfilled after and before clearance), export or import of any goods by the notification in...

05 August

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

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in Anticipatory Bail & Regular Bail, Criminal Law, High Court, Legal Advice, Uncategorized

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 convicted person under Customs Act (CA), 1962 has been convicted again under Customs Act (CA), 1962 and against whom an order of detention is passed under the COFEPSA. The said act is also applicable to every associate and relative of the convicted person under Customs Act (CA), 1962, or against whom a detention order has been passed under the COFEPSA. Section 4 of the Smugglers and Foreign Exchange Manipulators...

05 August

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Criminal Defense for Release of Conveyance in Gold Smmugling Cases: Legal Advice

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in Anticipatory Bail & Regular Bail, Criminal Law, High Court, Legal Advice, Uncategorized

Section 2(39) of the Customs Act (CA), 1962 states that smuggling, concerning goods, means that any act or omission which will render such goods liable to be confiscated under section 111 or section 113 of the Customs Act (CA), 1960. Section 111 and Section 113 of the aforesaid Act confers power to the customs officers to confiscate illegal import and export of goods. Section 11(1) of the said Act confers power upon Central Government to stop, either subject to such absolutely or condition (to be fulfilled after and before clearance), export or import of any goods by the notification in...

05 August

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Revocation of Detention Order in Gold Smuggling Cases: Legal Advice

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in Anticipatory Bail & Regular Bail, Criminal Law, High Court, Legal Advice, Uncategorized

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 this behalf but such officer shall not be below the rank of the Joint Secretary to detain any person to prevent him from smuggling goods, or abetting the smuggling of goods, or indulging in concealing or keeping or transporting smuggled goods, or dealing in, smuggled gold otherwise than by engaging in keeping or concealing transporting smuggled goods, or harboring persons engaged in abetting the smuggling of goods or in smuggling...

05 August

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Criminal Defense of Discharge in Gold Smuggling Cases: Legal Advice

Posted by MyLawyer

in Anticipatory Bail & Regular Bail, Criminal Law, High Court, Legal Advice, Uncategorized

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 section 111 or section 113 of the said act. Section 111 and Section 113 of the aforesaid Act empower the officer of Customs to confiscate illegal import and export of goods. Section 11(1) of the Customs Act (CA), 1962 empowers the Central Government to prohibit, either subject to such condition or absolutely (to be fulfilled after and before clearance), export or import of any goods by the notification in...

Bail | Types | Grounds for Bail | Conditions for Bail | Powers of the Courts | Cancellation of Bail |

Giving threats to commit Suicide amounts to Cruelty

Distinguishing Cruelty from the Ordinary Wear & Tear of Family Life

Grounds for Anticipatory Bail & Criminal Defenses for Men in Domestic Violence Cases

Legal Consequence of Publishing Illicit Content on Mobile Apps

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

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

Criminal Defense for Release of Conveyance in Gold Smmugling Cases: Legal Advice

Revocation of Detention Order in Gold Smuggling Cases: Legal Advice

Criminal Defense of Discharge in Gold Smuggling Cases: Legal Advice

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