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 [...]
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 [...]
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?
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 [...]
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 [...]
It is often said that justice delayed is justice denied. Delay in giving judgements and in rendering justice, creates fear and anxiety in innocent litigants. Further, unnecessary delay may result in loss of evidence or destruction of evidence. And it is only on the basis of evidence that rights of the parties are to be [...]
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 [...]
Punjab and Haryana High Court has recently held that in the last decade, a tendency has developed in Punjab, Haryana, Chandigarh, India for roping in all the relations of husband in false and fictitious dowry cases in order to pressurize the family of the husband and the husband himself to agree to the terms and [...]
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 [...]
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, [...]
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 [...]
Section 482 of the code of criminal procedure empowers High Court Chandigarh to exercise its inherent powers to prevent abuse of process of the court. In proceedings instituted on complaint, the exercise of inherent powers to quash the criminal complaint and consequent proceedings is called for only in those cases where the complaint does not [...]
Criminal lawyers in Chandigarh file petitions under section 482 of criminal procedure code for quashing of First Information Report or consequent criminal proceedings initiated against their clients. Quashing simply means cancellation of orders or proceedings. It can also mean that the criminal proceedings or the first information against the person accused of an offense were [...]
Regular bail under section 439 of criminal procedure code means end of detention of a person after his arrest. This section gives wide powers to Punjab and are High Court and court of session to grant regular bail. It has been held by High Court indicate that the power of High Court to grant bail [...]
Anticipatory bail under section 438 of criminal procedure code means bail in anticipation of arrest. Arrest means actual seizure or touching of a person’s body with a view to his detention. This means anticipatory bail is not an order to prevent arrest. It is an order to release a person after his arrest. In other [...]
Lawyers in Chandigarh regularly file petitions in Punjab and Haryana High Court at Chandigarh for quashing of First Information Report or criminal complaint. These are filed under section 482 of CrPC. Under section 482, wide extraordinary power of quashing of FIR is vested in the High Court. This discretionary remedy is to be exercised sparingly [...]
If an offence is committed outside India by a person who is not a citizen of India, can such person be prosecuted in India by Indian courts?
Let's try to analyse this question further with the perspective of a husband, who is a citizen of Canada and has married an Indian woman based in Chandigarh. The married life of this couple does not go smooth and there are constant quarrels and disagreements. So much so that wife also has an extramarital affair. [...]
Background Suppose, there is a matrimonial dispute between husband and wife and consequent irretrievable breakdown of marriage without initiation of any divorce or other proceedings under family law. The wife decides to take the path of vengeance and teach her husband a lesson instead of following the legal recourse available to her. She drafts a [...]
Matrimonial disputes in India occasionally lead to First Information Reports to be lodged in Police Stations against husband and his family that they have made demand of dowry from family of wife and for that purpose they have treated her badly. Such FIRs also include allegations that wife was beaten by husband and his family, [...]
Supreme Court directs police not to automatically arrest person against whom case is registered under Section 498-A IPC or Dowry Prohibition Act.
Every year thousands of dowry cases are lodged in police stations and so many end in compromise and many others are found to be false. Provisions of IPC like section 498-A, 406, 506 and Dowry Prohibition Act are being used in an inappropriate manner by disgruntled wives to harass to husband and his relatives of [...]