06 May

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Punishing Black Marketing & Hoarding of Essential Medical Supplies amid the Second Wave of Covid19

in Criminal Law, High Court, Legal Advice, Legal Advisor, Uncategorized

Here we will see laws against Black Marketing and Hoarding which is happening with respect to the essential medical supplies amid this Coronavirus pandemic. Then, we will see how we can register a complaint i.e. a criminal complaint against Black Marketing and Hoarding and what are the criminal defenses available to us in case we are booked under such laws. At last, judgement and order of the Court regarding Black Marketing and Hoarding of life-saving drugs oxygen cylinder, Favipirarvir, Remdesivir, Tocilizumab etc. Definition of Black Marketing and HoardingThe term ‘Black-Marketing’ has a very wide scope. It means illegal transactions of...

06 January

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Evidentiary Value of the Statements made to the Police during Investigation

Posted by MyLawyer

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

In Sewaki v. State of Himachal Pradesh, 1981 Cri LJ 919, the apex court held that any statement recorded by the police officer during an investigation is neither given upon oath nor is the same tested by cross examination. also, as per the law of evidence, such statement is neither considered evidence of the facts made therein and nor is the same considered as substantive evidence. The statement made to the police has no evidentiary status, as a result no criminal cases can be initiated using the same as evidence under Section 194 and 195 of the Indian Penal Code. Supreme...

08 December

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How to Determine the Jurisdiction of a Court in a Civil Case: Lawyers Advice

Posted by MyLawyer

in High Court, Legal Advice, Legal Advisor, Recovery of Debts, Uncategorized

Jurisdiction of a court is its power/authority to hear the case and pass a decree. A court accepts all suits of civil nature unless expressly or impliedly it is barred as mentioned in section 9 of the Code of Civil Procedure, 1908. Whenever a suit is instituted in a court, the opposite party can challenge the jurisdiction showing that passing a decree in this court will cause a miscarriage of justice. Factors determining the Jurisdiction of a Court in a Civil Case or Civil Law SuitThe jurisdiction of the court can be challenged in four circumstances: 1) Court...

08 December

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Filing a Strong Counter Claim in a Civil Case: Lawyers Advice

Posted by MyLawyer

in High Court, Legal Advice, Legal Advisor, Recovery of Debts, Uncategorized

A civil trial is a lengthy procedure. To avoid multiplicity of proceedings and save the valuable time of the Honourable Court, counter-claim and set-off were adding to the Civil Procedure Code, 1908 by the Amendment Act of 1976. While set-off is considered as a defence mechanism where it is used as a shield, a counter-claim on the other hand is used as a weapon to sue the plaintiff. A counter-claim filed by the defendant is considered as a plaint and the plaintiff in the original suit is entitled to file a reply to the counter-claim in the form of a...

08 December

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Filing a Strong Written Submission in a Civil Case: Lawyers Advice

Posted by MyLawyer

in High Court, Legal Advice, Legal Advisor, Recovery of Debts, Uncategorized

Before approaching the Court, the plaintiff shall send a notice to the defendant asking the defendant to provide the relief he legally owes to the plaintiff. If the defendant does not respond or fulfil the legal obligation provided in the notice, the plaintiff shall proceed to the next step which is filing the plaint. The plaintiff mentions the cause of action and submits it before the Honourable Court which accepts the plaint if it deems fit and then serves summons to the defendant. The defendant shall respond to the plaint with a written statement within thirty days from the date...

08 December

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Legal Remedies against False Allegation of White Collar Crime: Lawyers Advice

Posted by MyLawyer

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

Meaning and types of White-Collar Crimes: - There are two classes of criminal offences, namely Traditional Offences and Socio-Economic offences or White-Collar Crimes. The former has been in existence since the inception of human civilisation. This mainly includes murder, rape, robbery and dacoity. However, on the other hand, the latter is merely a cause of scientific and technological advancement. Socio-Economic Crimes can simply be termed as the product of the industrial revolution. Socio-Economic crimes or as Sutherland referred it, ‘White Collar Crimes’ are basically those crimes which either affect the health and material welfare of any particular community or the...

08 December

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Laws on Cyber or Online Defamation in India: Lawyers Advice

Posted by MyLawyer

in Criminal Law, High Court, Legal Advice, Legal Advisor, Uncategorized

The growth and development of technology has brought substantial changes in the world. With the advent of the internet and social media platforms such as Facebook and Whatsapp, the number of criminals and miscreants in the world has increased. Internet gives the users freedom to publish and disseminate their opinions and thoughts in a much simpler and effective manner. However, this right has been exploited by various Internet users to defame an individual in the name of freedom of speech and expression. The term ‘online defamation’ means publishing of defamatory statement about an individual on Internet which can hurt the...

05 December

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Legal Remedies against False Allegation of Cheating: Lawyers Advice

Posted by MyLawyer

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

Definition of Cheating and its main Ingredients: Explained: -Under Section 415 of the Indian Penal Code, the word, cheating means deceiving or defrauding someone in order to make him deliver any property to another person, or in other cases consenting that a person shall retain a property. It also involves deliberately inducing someone to do or omit to do some act, which may cause harm or damage to the other person’s body, mind, or reputation. Thus, until the given ingredients are present, an act or omission cannot be said to cheating under the given section:  defrauding...

05 December

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Legal Remedies against False Allegation of Corporate Fraud: Lawyers Advice

Posted by MyLawyer

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

In S.P Chengalvaraya Naidu v. Jagannath JT, AIR 1994 SC 853, the apex court has observed that “fraud” is basically an act of intentional or deliberate deception with a particular design of getting something through an unfair or undue advantage of another. It has been defined as cheating intended to obtain an advantage of another party. In State of Maharashtra v. Buddhikota Subbarao (Dr.), AIR 1989 SC 2292, “Fraud” has been defined as a faulty representation by one who is aware that the same is not true with the sole intention or deliberation to deceive and mislead the other...

28 November

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Legal Remedies available to a Accused in case of Issuance of Proclamation of Proclaimed Offender: Lawyers Advice

Posted by MyLawyer

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

Our Constitution does not permit anyone to be damned unprecedented without providing an opportunity to the concerned person. In the case of issuance of proclamation by the court of law, it is important that proper scrutiny of the material facts is undergone for establishing a proper legal procedure. In order to provide proper remedy to an accused having a proclamation issued against him, it is important to establish certain facts and substantial material before the court. Now under Section 81 of the Code of Criminal Procedure, if the court has a reason to believe that anyone against who there is...