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Criminal Law Lawyer in Delhi Tag

 > Posts tagged "Criminal Law Lawyer in Delhi"

Giving threats to commit Suicide amounts to Cruelty

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...

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Distinguishing Cruelty from the Ordinary Wear & Tear of Family Life

No Desertion without Prior Cohabitation by the Parties & Cruelty must be distinguished from the Ordinary Wear and Tear of Family LifeSavitri 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 separately after 21 August,...

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Grounds for Anticipatory Bail & Criminal Defenses for Men in Domestic Violence Cases

Section 3 of the Protection of Women from Domestic Violence Act, 2005 defines that Domestic violence includes acts which harm or endangers the health, safety, life, limb, or wellbeing (mental or physical) of the victim, or tends to do so, and includes causing physical, sexual, verbal, emotional, and economic abuse, perpetrated by any person who is or was in a domestic relationship with the victim. However, the provisions relating to domestic violence are widely misused by the women as a weapon for feud against their spouses and innocent family members. Best Five Grounds for Anticipatory Bail for the Alleged Accused in...

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Right to Privacy in the light of Pegasus Scandal

“A man’s house is his castle”, a well-known saying which implies the inherent right to privacy that every human being possess. Every human being has the right to prevent the disclosure of intimate details of their life. Right to Privacy simply allows a person to be left alone.Right to Privacy is one such right that came into existence due to wide interpretation of Article 21 of the Constitution of India. The Constitution of India does not explicitly provide for the right to privacy as a Fundamental Right. Article 21, the heart and soul of the Indian Constitution, provides for an...

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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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