Cancellation of Bail & Its Legalities

9 July 2021Posted inBail & Related matters
he object of pre-trial detention of the accused is not to impose punishment but to subject him to the penal procedures of law. The “bail is not to be withheld as a punishment, but that the requirements as to bail are merely to secure the attendance of the prisoner at trial". Therefore, granting of bail should be the rule and cancellation of bail should be resorted to only in rarest of the rare cases where the accused on bail has done something wholly wrong against the sanctity of legal provisions of bail.

Restrictions on Cash Transfers in India

19 June 2021Posted inUncategorized
Cash, in the form or coins or currency notes, has been the major form of money used for financial transactions in India. But giving and accepting cash without knowing the restrictions imposed on cash transfers by the Income Tax Act and other statutes may put you in great trouble. This is an attempt to compile some of such restrictions at one place.

Remedies when FIR is not Registered

15 June 2021Posted inCriminal law
Under Section 154(3) CrPC any person aggrieved by the refusal of the Station House Officer to record the First Information Statement (FIS) relating to the commission of a cognizable offence can send such substance of information in writing by post to the Superintendent of Police in the area and the Superintendent can conduct an investigation himself or through any of his subordinate officer.

How to obtain Call Data Records (CDRs)?

10 June 2021Posted inConstitutional law, Criminal law
A Call Data Record (CDR) is a set of information relating to the mobile phone calls, of a mobile user, for a particular period. However, the CDR does not include contents of a telephone conversation or messages exchanged. The CDR is available with telecom operators. The record contains critically sensitive information such as Mobile Station International Subscriber Directory Numbers (MSISDNs), International Mobile Subscriber Identity (IMSI), International Mobile Equipment Identity (IMEI), and location details of mobile subscribers. This string of information of the CDR includes details such as the name of the subscriber, the details of calls made by this subscriber during a given period, the duration of each call, whether the call terminated normally or abnormally, location of the caller, location of the call recipient, and such other details.

Power of Attorney & Its legal Provisions

9 June 2021Posted inCivil law, Property & Succession
A Power of Attorney (PoA) is a legal instrument signed or executed by a person who, by this instrument, empowers another person to act for or perform something on his behalf. The person gives authority is called as the donor or principal, the person so authorised is called donee or agent. The legal authority given by the principal to the agent may be broad or limited. The agent can legally do what he is specifically authorised to do by the instrument in clear terms. The power of attorney should be clear and understandable. There may be possibility of giving ‘Power Of Attorney’ by two or more persons jointly to one or more persons.

Promissory Note : Laws Governing it

31 May 2021Posted inCivil law, Negotiable Instruments
Promissory Note is a specific written promise to pay a debt. It is a negotiable instrument. In the instrument, one party (the maker) promises in writing to pay a specific sum of money to the other (the lender) either at a fixed future date or on demand by the lender or his/her orders. The Note is given against the amount of loan the promisor has received.

Dowry Death Cases u/s 304-B & 498A: Guidelines

29 May 2021Posted inCriminal law
The import of Section 304-B is quite different from 498A. They cannot be held to be mutually inclusive. They deal with two distinct offences. Cruelty is a common factor in both the sections. Under Section 304-B dowry death alone is punishable. Such a death should have occurred within seven years of marriage. In Section 498-A no such period is mentioned. If the case is established, there can be a conviction under both the sections.