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High Court

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Customary Gifts Given at the Time of Child Birth or Other Ceremonies are not Dowry

Narayanamurthy v. State of Karnataka [(2008) 16 SCC 512]The facts of the case are as such that the appellant namely Narayanamurthy, who is husband of deceased, made an appeal to the Hon’ble Supreme Court against the order of High Court in which, the High Court have convicted Narayanamurthy for the offence of dowry death under section 498-A & 304-B of Indian Penal Code, 1860 (IPC). The marriage between the accused narayanamurthy and the deceased was solemnized in the year 1989 and a girl child was born in the wedlock. It was alleged that after the marriage, the accused and his...

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

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...

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

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...

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Right to Privacy in the light of Pegasus Scandal

“A man’s house is his castle”, a well-known saying which implies the inherent right to privacy that every human being possess. Every human being has the right to prevent the disclosure of intimate details of their life. Right to Privacy simply allows a person to be left alone.Right to Privacy is one such right that came into existence due to wide interpretation of Article 21 of the Constitution of India. The Constitution of India does not explicitly provide for the right to privacy as a Fundamental Right. Article 21, the heart and soul of the Indian Constitution, provides for an...

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Legal Consequence of Publishing Illicit Content on Mobile Apps

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...

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

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...

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

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...

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

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...

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Revocation of Detention Order in Gold Smuggling Cases: Legal Advice

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...

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Criminal Defense of Discharge in Gold Smuggling Cases: Legal Advice

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...

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