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best high Court criminal lawyer in Delhi Tag

 > Posts tagged "best high Court criminal lawyer in Delhi"

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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Anticipatory Bail on the Ground of Relevancy of Evidences Available

Anticipatory bail can be sought on the ground that there is no evidence available against the accused and the case is of frivolous nature. The allegations against the accused are made on baseless grounds and there is nothing to prove that the offence is committed by the accused. Grant of Anticipatory Bail on the Ground of Relevancy of Evidences Available-Direct and IndirectA Crime can be categorized into ‘white collar crimes’ and ‘blue collar crimes.’ If a person is accused of White-collar crime and the accused is seeking for anticipatory bail then, the ground on which the bail can be granted is...

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Anticipatory Bail on the Ground of Role of the Accused in the FIR

Anticipatory bail can be sought on the ground that the accused had no role in the FIR and the accused is being dragged in the case which he/she is not even related to or the fact that accused had not played any major role in the alleged offence. Grant of Anticipatory Bail on the Ground of Role of the Accused in the FIRThe Court while dealing with the cases of anticipatory bail are directed by hon’ble supreme Court to keep in mind some factors and one of those factors or direction by the Supreme Court is that the Court must evaluate...

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Legal Advice on Countering & Reporting of Cyberbullying

Hannah Hamid was a final year B.Sc (Chemistry) student at a private college in Thodupuzha. She was trolled in the social media platforms such as Facebook, Twitter etc. for selling fish in the market after college hours. A false rumour was also spread that she is an actress who is promoting her film by selling fish in the market. Thereafter, she was stopped by the Police to sell fish in the market and people of her native place also started to misbehave with her. After the intervention of the national media and social activists trolling was stopped and rumours were...

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Ambit of Compensation & Reliefs under a Cheque Bounce Case

In the case of an account payee cheque or otherwise, the legal remedies available are as under • Complaint must be filed within 30 days after receipt of the response to the cheque bounce legal notice, or within 30 days after 15 days from the date of receipt of the notice, provided that no response from the cheque drawing received. However there is a possibility that the Metropolitan Magistrate may in extraordinary circumstances forgive the failure to comply with the 30-day time-frame. • The discretionary nature of the cheque also applies...

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Fake News: Meaning |Role | Applicable Laws | Identify | Report | Landmark Judgements

With the growth of internet users as well as social media users, the growth of vulnerability of the users towards the trap of fake news also parallelly increasing. Palghar mob lynching (2020), Anti-CAA riots (2020) and COVID fake news are epic examples that show how much brutal and grave or monstrous fake news can turn into be. Therefore, an attempt is made to enlighten the public about the fake news, its monstrous role, laws applicable, how to identify fake news and how to report fake news. What is a fake news?Fake news is disinformation and misinformation which is being disseminated...

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Criminal Defenses & Grounds for Bail under the Narcotics Drugs and Psychotropic Substances (NDPS) Act of 1985

Illicit traffic or abuse of narcotics drug or psychotropic substance or controlled substance is a major problem not only in India but in the whole world. It is affecting both the health of the citizens as well as the health of the Indian economy. Here in this article, we will understand laws enacted by the parliament to fight against illicit traffic and abuse of narcotics drugs or psychotropic substances or controlled substance. We would be learning how could any person lodge a complaint? What is the procedure for a prosecution? What are the defences available to the accused? Where the...

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Criminal Defenses & Important Evidences on behalf of Husband & his Family Members in Cases of Domestic Violence

The law in India is well settled that, false complaints reported to the police or any concerned authority by either of the spouses against another for mistreatment, abusive behaviour on demand of dowry, shall amount to cruelty. The legal procedures have been well established on the record that false, baseless, scandalous and any sort of unapproved complaint against the husband to anti-dowry cell and allied departments harrows the experience for the husband and with regards to the circumstances of such cases, this will amount to cruelty and is sufficient to prove her intention to dessert the matrimonial home (Smt. Krishna...

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Current Legal Status of Live-in Relationships in India

The traditional Indian societies have always scowled upon the concept of live-in relationship because, unlike marriages, such cohabitation not only lacks legal sanctity but is also believed to disintegrate the fabrication of social order. However, on several occasions, the Courts in India have reiterated that the morals in social values do have their space to operate in society but nothing can be considered above the constitutionally guaranteed freedom of the individual. The legislature has successfully not only recognized live-in relationships but also accorded requisite protection of women by the Protection of Women from Domestic Violence Act, 2005. If two adults,...

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