Permission to go abroad in a criminal case

Criminal Law|

Many a times in India, a person is involved in a false case by police authorities because of rampant corruption in India. Police in India, known to be highly corrupt, takes bribe and registers case against innocent persons on flimsy evidence. In criminal cases, court seizes the passport of a person and he or [...]

Suspension of sentence in murder appeal under section 302

Criminal Law|

In a murder case, criminal lawyers in Chandigarh suggest that suspension of sentence should not be filed before around half the sentence is over. This means a wait of five to seven years. But we do not follow any such straight jacket formula. We always insist on reading complete file when someone asks our suggestion [...]

Regular Bail in Chandigarh High Court – an example

Criminal Law|

Our client was accused of cheating persons and involved employees of Punjab and Haryana High Court. He was accused by complainant that he had taken money by making false promise that he will get brother of complainant a permanent job in high court. Allegedly, this was a false promise and he had committed offense of [...]

How do U.S.-based information technology companies commit crimes in India and violate legal provisions of Indian laws and get away with it?

Corporate Law, Criminal Law, Intellectual Property|

This information is being provided based on a real-life situation. Let us consider this question with the help of an example. Suppose there is a U.S.-based information technology company which wants to open a subsidiary in India. A foreign company or its subsidiary has to pay a higher rate of tax than a domestic company [...]

How online shopping portals cheat consumers?

Consumer Disputes, Corporate Law|

People are generally aware that online shopping portals are minting huge amount of money. Many of these shopping websites (which I will not name) indulge in cheating the customers. This cheating may be through false advertisement, substandard product, defective product or were after sales services. Let us see what legal aspects are involved when we [...]

Power to summon as witness – Section 311 of CrPC

Criminal Law|

Sections 311 of the Criminal Procedure Code states that the trial court has powers to summon a person as a witness and also to examine a person who has not been summoned as a witness as of now. The trial court also has powers to re-summon recall a witness who has already been examined. According [...]

Sample of Mutual Consent Divorce Petition

Family Law|

IN THE COURT OF HON’BLE DISTRICT JUDGE, CHANDIGARH HMA Petition No. ________________ of 2017 Husband S/o Sh. Name of Husband’s Father aged about (age of Husband) years R/O Address of Husband …Petitioner No. 1 AND Wife D/o Sh. Father of Wife W/o Sh. Husband aged about (age of Wife) years R/O Address of Wife …Petitioner [...]

Application under section 319 of the Criminal Procedure Code

Criminal Law|

Section 319 of the Criminal Procedure Code states that when a trial is going on and the court comes to know from the evidence which has been put forth before the court that some other person who is not appearing before the court as an accused person might have committed the offence, the court can [...]

Notice to Ministry of Defense in OROP disability pension case

Service Matter|

The Punjab and Haryana High Court has issued notice of motion to the Ministry of Defence in a petition challenging the disability pension as per the existing Disability Pension Policy and Circular Number 555, which implements the one-rank-one-pension (OROP) scheme of the Ministry of Defence. According to the existing norms, the disability element is calculated [...]

Married in India and getting divorced in Canada (or Australia, USA)?

Family Law|

Getting a divorce is stressful. Especially so if a person is married in India and then seeks divorce in Canada. In Western countries, divorce proceedings are not as complex as in India. Generally, it is enough to show a separation of more than one year to get divorce. Further, the lawyers also advise clients who [...]

Some legal aspects of section 138 of Negotiable instruments Act

Criminal Law|

The litigation arising out of section 138 of the negotiable instruments Act is increasing at a steady pace. This is because the legislature has made it a criminal offense that a person who pays by cheque should have an excuse of not paying because the cheque given by him was bounced. Section 138 Lawyers in [...]

Some Aspects of Juvenile Justice Act – Chandigarh Lawyers

Criminal Law, Family Law|

Juvenile Justice Care and Protection Act is social welfare legislation. Such statutes enacted by Parliament are also known as remedial statutes. Its preamble clearly shows that it is "an Act to consolidate and amend law relating to denials in conflict with law and children in need of Care and Protection by providing for proper care, [...]

Procedure to Lodge First Information Report

Criminal Law|

If a criminal offense has been committed, any person can lodge a First Information Report/F.I.R. by making an application to the station house officer/SHO of the police station which has territorial jurisdiction on the place on which the offense has been committed. This means that it is not necessary that only the victim of an [...]

NRI and Section 13B of the East Punjab Urban Rent Restriction Act

Property Disputes|

According to section 13B of East Punjab Urban Rent Restriction Act, Non-Resident Indians/NRI have right to recover possession of a residential building or even non-residential building. This section is applicable only when the owner is a non-resident Indian. When such a non-resident Indian returns to India and he requires for his own use or for [...]

Maintenance under section 24 of Hindu Marriage Act

Family Law|

Maintenance cannot be termed as charity. Maintenance is a sum of money which is paid by the husband to his wife. Under Hindu law, it is the spiritual duty of the husband to maintain his wife. And this duty continues from the date of marriage till the dissolution of marriage through a decree [...]