Mondaq All Regions - India: Criminal Law
Shardul Amarchand Mangaldas & Co
Recently, a Division Bench of the Supreme Court comprising Justice L. Nageswara Rao and Justice MR Shah in Sau. Kamal Shivaji Pokarnekar v. The State of Maharashtra, held that criminal complaints cannot be quashed ...
Vaish Associates Advocates
At this stage, the accused is summoned by the Court of the Magistrate to face the trial.
Vaish Associates Advocates
In case of a cognizable offence [as defined under Sec. 2(c) of the Code of Criminal Procedure, 1973 (Cr.P.C.), "cognizable offence" means an offence for which, and "cognizable case" means a case in which, ...
Vaish Associates Advocates
In the above case, on completion of investigation, the CBI submitted charge sheet against 21 accused, including the arrested ones and the absconders.
Khurana and Khurana
The Hon'ble High Court of Madras is currently dealing with a very interesting issue "Whether the State Government is an abettor in the alcohol-related crimes or not?"
VGC Law Firm
Recently, while dealing with an anticipatory bail application filed under Section 438 of the Code of Criminal Procedure, the Kerala High Court has, in Joy V.S v. State of Kerala B.A No. 8741 of 2018 (decided on March 5, 2019) ...
S.S. Rana & Co. Advocates
Digital space or Cyberspace is the driving force for the world today. From ordering a cab to ordering food to booking tickets for travel to shopping, everything can happen with just tapping a finger.
S.S. Rana & Co. Advocates
Cybercrime is one of the most crucial problems faced by the countries across the globe these days. It includes unauthorized access of information and break security like privacy, password, etc. of any person with the use of internet.
Khurana and Khurana
The Central Government has been vested power under Section 12 (9) and Section 469 (1 and 2) to make rules for carrying out in the provisions by a notification for any matter whatsoever under the Companies Act 2013.
Nishith Desai Associates
The year 2018 was both exciting and challenging for the white-collar industry. The government, enforcement agencies, regulators have introduced new laws and tightened the scrutiny and penalties
L&L Partners
The object of Code of Criminal Procedure, 1973 ("CrPC/ Code") is to provide machinery for the punishment of offenders against the substantive criminal law.
Vaish Associates Advocates
It has been held in catena of judgements that Enforcement Directorate officials do not fall within the category of police officers.
Vaish Associates Advocates
In the case of Mohtesham Mohd. Ismail vs. Spl.Director, Enforcement Directorate ((220) E.L.T.3 (S.C.) ; MANU/SC/4019/2007) the Hon'ble Supreme Court, in the light of the case Francis Stanly @ Stalin v. Intelligence Officer, Narcotic Control Bureau, ...
Singh & Associates
The Court provided extensive guidelines as to how the proceedings in such cases have to be carried out in a timely manner.
Dhaval Vussonji & Associates
This leads to an analysis as to why was there the need to enact the said Act.
L&L Partners
As a natural corollary of the above discussion, it appears that it would be proper to require that the liability be imputable on the actual debtor Company.
Singh & Associates
In recent times India has witnessed a number of scams and economic offences which have left an adverse impact on the Indian economy and also the banking industry.
Reed Smith (Worldwide)
The Prevention of Corruption Act (the "PCA") is the primary Indian law that addresses corruption in government agencies and public sector businesses in India
Singh & Associates
The Hon'ble Supreme Court of India in its recent judgment of Social Action Forum for Manav Adhikar and Another v Union of India Ministry of Law and Justice and Others revisited the important issue relating to ...
AMLEGALS
The complaint under Section 138 of Negotiable Instruments Act, 1881 r/w Section 420 of IPC, in the present case had been filed by Ms. Sairabee through a Special Power of Attorney holder, Sk. Tamisuddin, who in the present case is the Appellant.
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Vaish Associates Advocates
That is how, in a private complaint case, the accused will have two cross-examinations.
Singh & Associates
The Hon'ble Supreme Court of India in its recent judgment of Social Action Forum for Manav Adhikar and Another v Union of India Ministry of Law and Justice and Others revisited the important issue relating to ...
L&L Partners
The object of Code of Criminal Procedure, 1973 ("CrPC/ Code") is to provide machinery for the punishment of offenders against the substantive criminal law.
Singh & Associates
This article is a brief outline of how and what happens once a crime takes place and how the investigation machinery leads the investigation under Cr.P.C and ultimately rests its case before the Judiciary...
IndusLaw
The Prevention of Corruption Act, 1988 (the "Act") was recently amended by the Prevention of Corruption (Amendment) Act, 2018 (the "Amendment Act").
Dhir & Dhir Associates
he Code of Criminal Procedure, 1973 (hereinafter called "CrPC") defines Bailable Offence to "mean an offence which is shown as bailable in the First Schedule, or which is made bailable ...
S.S. Rana & Co. Advocates
A full bench comprising of Hon'ble Mr. Chief Justice Dipak Misra, Hon'ble Mr. Justice AM Khanwilkar and Hon'ble Mr. Justice DY Chandrachud has laid down broad principles from various precedents ...
LexCounsel Law Offices
International and cross border crimes pose a unique challenge with regard to detection, arrest, extradition and trial.
Khaitan & Co
The Prevention of Corruption Act, 1988 (PC Act) was enacted to prevent corruption in Government departments and to prosecute and punish public servants involved in corrupt practices.
Vaish Associates Advocates
The private person who is permitted to conduct prosecution in the magistrates court can engage a counsel to do the needful in the Court in his behalf.
Singh & Associates
White Collar Crimes are the type of crimes that are committed by respectable persons, holding enviable positions, either in public or private entities.
L&L Partners
In the last few months we have seen a major crackdown on Benami properties and their owners by the Government.
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