10:00 - 19:00

Our Opening Hours Mon. - Fri.

9069.666.999

Call Us For Free Consultation

Facebook

Twitter

Linkedin

GPlus

Supreme Court

Laws on Arrest & Anticipatory Bail in India

The Code of Criminal Procedure 1973 (Cr. P.C.) does not define the words “Anticipatory Bail”. The kind of relief that an anticipatory bail gives to an individual who expects that he may get arrested for a non-bailable offense then that individual may apply to either High Court or the Session's Court to get a relief for an award of anticipatory bail under section 438 of the Code of Criminal Procedure 1973 (Cr. P.C.). The essential contrast between a request for anticipatory bail and ordinary bail-is that anticipatory bail is conceded before arrest and thusly it gets employable from the exact...

Continue reading

Indiabulls Housing Finance Limited v. Deccan Chronicle Holdings Ltd. & Ors. (2018)14 SCC 783

M/s. Indiabulls Financial Services Limited (IBFSL) was granted a certificate to operate as a Non-Banking Financial Company (NBFC). The Appellant and IBFSL were sister concerns. The IBFSL had disbursed a loan to the Respondent borrowers by creating equitable mortgage over various properties. After sometime, the IBFSL got merged with the Appellant and the assets and liabilities of IBFSL stood vested in the Appellant. The Respondent borrowers had committed default in repaying the loans advanced even before the merger; loan recall notice was also issued. Subsequently, the loan accounts of the Respondents and were classified as non-performing assets (NPA). A notice...

Continue reading

Anticipatory Bail under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985

Anticipatory Bail means a direction issued to release a person on Bail even before he is arrested. In this situation, there is an apprehension of arrest as the person is accused of a non-bailable offence. For such Bail, a person can file an application under Section 438 of the Code of Criminal Procedure (CrPC) which is issued only by the Sessions Court and High Court. According to Section 438 of the Code of Criminal Procedure, 1973 the High Court or the Sessions Court may include directions or conditions depending upon the facts of the case as it may think fit including...

Continue reading

Bail under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985

Bail refers to the temporary release of a person from legal custody on deposit of security and undertaking that he/she shall appear at the time and place designated and submit himself to the jurisdiction and judgement of the Court. It is originated from an old French word ‘bailer’ which means ‘to give’ or ‘to deliver’. However, the basis of bail lies in the principle that there is a presumption of innocence of a person until he is found guilty. In most of the cases where bail is granted a sum of money or property has to be deposited to the Court...

Continue reading

Burden of Proof under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985

Evidence in a case plays the most crucial and stands the deciding factor for an alleged person or and accused person to be convicted or exonerated. Thus, the importance of tendering evidence is above anything in the criminal trial. There are two types of evidences which are considered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 during search and seizure, they are Direct and Indirect Evidence. Direct Evidence are those which directly prove the offence committed by the accused and has a direct incriminating value i.e. Forensic Evidence like Fingerprints, Toxicological Evidence for proving one’s intoxication of the controlled...

Continue reading

Arrest under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985

Every individual citizen of India has a fundamental right to get freedom guaranteed under Article 21 of the Indian Constitution, which states “No individual shall be deprived of his life except according to the procedure established by law”. Furthermore, as per Legal Dictionary by Farlex, “Arrest” means “a seizure or forcible restraint; an exercise of the power to deprive a person of his or her liberty; the taking or keeping of a person in custody by legal authority, especially, in response to a criminal charge” If a person contravenes the provisions mentioned in the Narcotic Drugs and Psychotropic Substances NDPS Act, then...

Continue reading

Pre-Requisites of a Bail Application

Every individual citizen of India has a fundamental right to get freedom guaranteed under Article 21 of the Indian Constitution, which states “No individual shall be deprived of his life except according to the procedure established by law”. Further, bail refers to the release of a person from legal custody on deposit of security and undertaking that he/she shall appear at the time and place designated and submit himself to the jurisdiction and judgement of the Court. However, the basis of bail lies in the principle that there is a presumption of innocence of a person until he is found...

Continue reading

Supreme Court: Development of New Proforma of Cheques on the Cards

The Hon’ble Supreme Court in Makwana Mangaldas Tulsidas vs. The State of Gujarat & Anr. S.L.P. (Criminal) No. 5464 of 2016 have issued notices to the Union of India, Registrar Generals of all the High Courts, the Police Department, the Reserve Bank of India, the Indian Bankers Association etc in order to enable the development of a new proforma of cheques which shall include the purpose of payment along with other necessary information in order to facilitate issues with respect to cases relating to cheque bounce under the Negotiable Instruments Act of 1881 (NI Act). The Hon’ble Court has observed...

Continue reading

A REVIEW OF SECTION 498A INDIAN PENAL CODE (IPC) 1860

Marriage is a socially or ritually recognised union between spouses that establishes rights and obligations between those spouses, as well as between them and any resulting biological or adopted children and among in-laws and other family through marriage. It is the voluntary union for life of one man and one woman to the exclusion of all others. It is a social institution where husband has the responsibility to take care and maintain his wife. He cannot neglect his duties. But on this great institution a stigma called ‘dowry’ still exists. Women are ill-treated, harassed, killed, divorced for the simple reason that they...

Continue reading