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

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...

08 July

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Legal Tips on how Parties can invoke Arbitration Clause enshrined in an Agreement: Lawyers Advice

Posted by 360 Digital

in Business Laws, Legal Advice, Legal Advisor, Supreme Court, Uncategorized

Arbitration in India is supervised by the Arbitration and Conciliation Act, 1996 which says that for implementing arbitration as a dispute resolution device, an agreement in that respect, should be signed between the disputing parties.Laws governing Arbitration Clause/Agreement in India: -Section 7(1) of the Arbitration and Conciliation Act, 1996 (as amended in 2015) explains Arbitration Agreement as: -In the presence of a legal relationship between the parties, a relation which may or may not be a contractual, an agreement is signed between parties deciding arbitration as the mechanism for resolution of disputes, wholly or in part, that may arise or...

16 May

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