16 February

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Principles Governing Rejection of Regular Bail Application-2: Best Criminal Lawyer Advice

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

“In the previous write-up we have discussed in detail the roles and involvement of different parties in a criminal case or criminal trial which includes some of the strategies of criminal defense and criminal prosecution. However, over here we shall be discussing in detail the laws which govern the release of the alleged accused person on bail and which squarely govern the criminal justice system in India. We shall also be discussing the legal remedies available to the alleged accused when his/her bail application is rejected including the right to appeal and review.” Laws Governing Bail Applications in India 1. Bailable and...

16 February

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Principles Governing Rejection of Regular Bail Application-1: Best Criminal Lawyer Advice

Posted by 360 Digital

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

“Obtaining bail in a criminal case is not as simple as it seems and involves a high degree of expertise and proficiency from a Criminal Lawyer or Criminal Attorney. The entire process involves the participation of different parties including the alleged accused, police, prosecution, witnesses and the complainant. This further includes appreciation of evidences i.e. both direct evidences and indirect evidences respectively. The entire criminal tiral is based upon two facest i.e. the criminal defense and the criminal prosecution. Over here we have made an attempt to enlighten the public at large about the basics of a criminal case or...

16 February

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Principles Governing Grant of Regular Bail: Best Criminal Lawyer Advice

Posted by 360 Digital

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

“Obtaining Bail under the criminal justice system in India is a complex issue and requires utmost degree of care. The grant of regular bail requires a lot of deliberations which includes appreciation of evidences, the sections and penal provisions under which an accused is charged, the gravity of the offense committed and the presentation of the case by the Advocate or the Criminal Lawyer. In here we discuss in detail as to how to prepare a Bail Application, what are the basis grounds for bail, on what grounds bail can be rejected, role of Police while a Bail Application is...

04 October

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Individual Instance of Misbehaviour seen in Isolation would not be Sufficient to Establish Mental Cruelty

Posted by 360 Digital

in Anticipatory Bail & Regular Bail, Cruelty, Harassment & Domestic Violence, Divorce & Maintenance, Divorce Lawyer, Uncategorized

Ramchander v. Ananta [(2015) 11 SCC 539]- In this case the marriage between the appellant and the respondent was solemnized on 2 April, 1994 and a male child was born from the wedlock. After three years of marriage, the respondent wife started living separately and upon legal notice sent by the appellant she returned back to her matrimonial home. But again, in March, 2003 she left her matrimonial home and started living with her parents and has not come back sine. The husband filed for divorce on the grounds of desertion and cruelty. He alleged that immediately after marriage, the...

04 October

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Staying Together is not a Precondition for Mental Cruelty

Posted by 360 Digital

in Anticipatory Bail & Regular Bail, Cruelty, Harassment & Domestic Violence, Divorce & Maintenance, Divorce Lawyer, Uncategorized

K. Srinivas Rao v. D.A. Deepa [(2013) 5 SCC 226]The facts of the case are as such that an appeal was made by the appellant namely K. Srinivas Rao to the Hon’ble Supreme Court against the order passed by the High Court setting aside the decree of divorce granted to him. The marriage between the appellant husband and respondent wife namely D.A. Deepa was solemnized on 25 April, 1994 but on the very next day of their marriage, the dispute arose between the elders of both families. That led to separation of the newlywed couple and they started living separately....

04 October

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Forcing Husband to Stay Away from his Parents and Character Assassination of Husband by Wife amounts to Cruelty

Posted by 360 Digital

in Anticipatory Bail & Regular Bail, Cruelty, Harassment & Domestic Violence, Divorce & Maintenance, Divorce Lawyer, Uncategorized

Narendra vs. K. Meena [Civil Appeal No. 3253 of 2008]The facts of the case are that the appellant, namely Narendra, approached the Hon’ble Supreme Court praying for decree of divorce. The marriage between the both was solemnized in 1992. The appellant filed for the divorce as the respondent had become cruel because of her highly suspicious nature and she used to allege him of extra- marital affair on baseless grounds. The Respondent was also forcing the Appellant to leave his parent’s home and live separately with her and in this case, it would be more cruel for the appellant to...

04 October

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Unilateral Decision of Wife not to have Child is Cruelty to Husband

Posted by 360 Digital

in Anticipatory Bail & Regular Bail, Cruelty, Harassment & Domestic Violence, Divorce & Maintenance, Divorce Lawyer, Uncategorized

Samar Ghosh v. Jaya Ghosh [(2007) 4 SCC 511]The facts of the case are that the appellant approached the Hon’ble Supreme Court praying for decree of divorce. The marriage between the appellant namely Samar Ghosh and the respondent namely Jaya Ghosh was solemnized in 1984 and the respondent was divorced and had a female child from her first marriage. The appellant stated that immediately after marriage the respondent asked the appellant to not to interfere in her career and had also unilaterally decided that she would not give birth to a child and the appellant should try to keep himself...

04 October

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

Posted by 360 Digital

in Anticipatory Bail & Regular Bail, Cruelty, Harassment & Domestic Violence, Divorce & Maintenance, High Court, Uncategorized

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...

17 September

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Giving threats to commit Suicide amounts to Cruelty: Best Criminal Lawyer Advice

Posted by 360 Digital

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: Best Criminal Lawyer Advice

Posted by 360 Digital

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 Life: Best Criminal Lawyer AdviceSavitri 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...

Principles Governing Rejection of Regular Bail Application-2: Best Criminal Lawyer Advice

Principles Governing Rejection of Regular Bail Application-1: Best Criminal Lawyer Advice

Principles Governing Grant of Regular Bail: Best Criminal Lawyer Advice

Individual Instance of Misbehaviour seen in Isolation would not be Sufficient to Establish Mental Cruelty

Staying Together is not a Precondition for Mental Cruelty

Forcing Husband to Stay Away from his Parents and Character Assassination of Husband by Wife amounts to Cruelty

Unilateral Decision of Wife not to have Child is Cruelty to Husband

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

Giving threats to commit Suicide amounts to Cruelty: Best Criminal Lawyer Advice

Distinguishing Cruelty from the Ordinary Wear & Tear of Family Life: Best Criminal Lawyer Advice

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