Criminal Law

क्या चेक बाउंस का केस मियाद समाप्त होने के बाद भी दाखिल हो सकता है

Negotiable Instruments Act के अंतर्गत, वैधानिक अवधि समाप्त होने के बाद भी चेक बाउंस का मामला दायर किया जा सकता है। यदि शिकायतकर्ता देरी का उचित कारण प्रस्तुत करता है, तो न्यायालय विलंब को क्षमा कर शिकायत स्वीकार कर सकता है। नोटिस के बाद निर्धारित समय में भुगतान न होने पर कार्यवाही प्रारंभ की जा सकती है।

Cancellation of bail when accused tempering with witness

Seeking the cancellation of bail is possible when an accused person tampers with witnesses or influences a trial. This guide explains legal grounds for such actions, focusing on mandatory procedures under Section 15-A of the SC/ST Act and post-bail threats. Learn how victims can approach higher courts to ensure a fair trial and protect their rights.

Evidence of interested witness is admissible in criminal proceedings

In criminal law, the testimony of a related witness cannot be discarded solely due to their relationship with the victim. This legal overview clarifies the distinction between related and interested witnesses, citing key Supreme Court rulings. It explains how natural witnesses provide admissible evidence that reliably forms the basis for a conviction, even without independent corroboration.

SDM cannot attach property under section 146 crpc when civil suit is pending

A Sub-Divisional Magistrate cannot legally attach property under Section 146 of the CrPC if a civil suit regarding the same property is already pending. This guide explains why such orders lack jurisdiction and outlines the proper legal remedy, including filing a petition under Section 482 CrPC to the High Court based on established Supreme Court precedents.

Produce Pendrive as Evidence: Legal Process Explained

Legal experts clarify that digital evidence, such as a pen drive, can be produced even at an advanced stage of a criminal trial under Section 294 of the CrPC. If a trial court rejects such material evidence based on timing, the defendant may challenge the order in the High Court to ensure a fair trial and just adjudication.

Remedy after dismissal of criminal revision by high court

Following the dismissal of a criminal revision by the High Court, the primary legal remedy is filing a Special Leave Petition (SLP) in the Supreme Court under Article 136. This summary outlines critical grounds for an SLP, such as lack of evidence or unreasoned orders, helping individuals understand their final options in the Indian judicial system.

Magistrate cancelled my complaint under section 138 NI Act saying premature

A magistrate dismissed a Section 138 NI Act complaint as premature because it was filed before the mandatory fifteen-day notice period expired. Under the Negotiable Instruments Act, an offence only occurs if payment is not made within fifteen days of notice receipt. However, the law allows for a fresh complaint within one month of the dismissal order.

Magistrate denied hearing accused at the stage of issue summon

This blog discusses whether an accused has a right to be heard before a Magistrate issues summons in a complaint case. It explains the legal position that, at the pre-summoning stage, the accused ordinarily has no right of audience once the court has taken cognizance and is considering issuance of process.

Wife committed suicide when I was abroad

This legal guidance explains the consequences where a wife commits suicide while the husband is residing abroad. It discusses possible police investigation, criminal liability under Section 306 IPC relating to abetment of suicide, evidentiary requirements, anticipatory bail, and the legal remedies available to the husband and his family members in such circumstances.