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top criminal lawyer in Delhi-NCR Tag

 > Posts tagged "top criminal lawyer in Delhi-NCR" (Page 4)

Legal Tips for Tendering Evidence in Defence by an accused in a Criminal case: Lawyers Advice

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...

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Legal Tips to obtain Anticipatory Bail from Sessions Court: Lawyers Advice

According to Section 438 of the Code of Criminal Procedure of 1973, if a person has reason to believe that he will be arrested on charges of having committed a non-bailable offence, he will apply for an anticipatory bail before the High Court or the Sessions Court for a warrant under this section which, in the event of such arrest, applies. He shall be released on bail and, taking into account the following conditions, the court shall provide him with anticipatory bail; the nature and gravity of the accusation against the applicant.the social background of the applicant including the fact as...

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Legal Tips to obtain Anticipatory Bail from High Court: Lawyers Advice

To understand the procedure to apply for anticipatory bail, we must understand the jurisdiction of the same.There are two key factors to decide the jurisdiction in anticipatory bail cases: ● Alleged accusations of committing an offence, ● Apprehension of arrest; it is not necessary for these to always overlap. Section 438(1) of the Code of Criminal Procedure, 1973 states that if a person has reason to believe that he is accused of committing a non-bailable offence & he may be arrested for the same, then he can apply to the High Court or...

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Defences available to the Accused in a Cheque Bounce Cases: Lawyers Advice

A Cheque Bounce case is a criminal case provided under section 138 of Negotiable Instruments Act of 1881. A cheque is said to have bounced for several reasons for example insufficient balance, accounts closed, signature mismatch etc. Conditions necessary for cheque bounce: • The cheque is dishonored due to insufficiency of funds, signature mismatch, account blocked etc. • A Legal notice is given within 30 days after such dishonor. • A payment of due amount is not made within 15 days time after the legal notice has been issued by the aggrieved. Defence...

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Evidence and Burden of Proof in Cheque Bounce Cases: Lawyers Advice

Dishonor of a cheque or cheque bounce occurs when a cheque that is presented in the bank is returned unpaid which can be due to various reasons including insufficient amount in the bank, signature mismatch etc. The aggrieved party can institute a suit against the accused under the Negotiable Instruments Act of 1881. Evidence in a Cheque Bounce Case:Under Section 145 of the Negotiable Instruments Act of 1881: The Complainant has to furnish his evidence, normally by way of affidavit; in lieu of examination in chief. Documents like bounced cheque, dishonour memo, copy of notice etc are attached to support the...

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Filing Procedure for Cheque Bounce Case: Lawyers Advice

The Negotiable Instruments Act of 1881: As per the act, cheque has been defined under section 6 as the bill of exchange which is payable on demand by the applicant. A Cheque bounce is when there is dishonour of payments by the drawer when the cheque is submitted for payment by the drawee. The dishonour can be due to various reasons, some are clear overwriting on the cheque, insufficiency of the amount in the account used for payment, attestations on different documents do not match etc. Institution of a Criminal Suit for a Cheque Bounce CaseUnder Section 138 of Negotiable Instruments Act...

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