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  • Article

    Understanding Crime And Punishment To Navigating The Doctrine Of Proportionality In Dismissal

    In the earlier parts of this series, we delved into the "Why" (how proper processes protect employers and ensure fairness for employees) and the "How" (crafting court-proof charge sheets).
    IndiaEmployment and HR
    BTG Advaya
    BTG Advaya
  • Article

    Passport - Power To Impound And Seize

    Freedom of movement is a Constitutional right. A citizen is given the liberty to travel, work and reside at any place where he or she wants.
    IndiaGovernment, Public Sector
    S&A Law Offices
    S&A Law Offices
Article

Chargesheet Should Prima Facie Show That Offence Is Established: Supreme Court Of India

In the pursuit of justice, most of the recent appeals before the judiciary have highlighted significant concerns regarding the contents of chargesheets submitted by the state or police officers in various jurisdictions.
IndiaLitigation, Mediation & Arbitration
Naik Naik & Company
Naik Naik & Company
  • Article

    Different Types Of Panchanama In Law

    The word Panchanama is not used as such or defined particularly anywhere in any book of Law, but the same can be read into Section 100 under Chapter VII of The Code of Criminal Procedure, 1973, (Cr.P.C.).
    IndiaLitigation, Mediation & Arbitration
    S&A Law Offices
    S&A Law Offices
  • Article

    Forfeiture Of Gratuity On Ground Of Misconduct Involving Moral Turpitude: A Legal Perspective

    The gratuity is a socially beneficial payment, which would be payable to an employee upon completion of a minimum continuous period of services in an organisation as prescribed under the Payment of Gratuity Act, 1972, and the rules issued thereunder (PG Act).
    IndiaLitigation, Mediation & Arbitration
    Clasis Law
    Clasis Law
  • Article

    What Is Perjury In The Court Of Law?

    When it comes to criminal cases, perjury is much more than just lying while you are under oath in a courtroom. This is just one type of perjury, and there are more ways...
    IndiaCriminal Law
    Ethical Legal Consultants
    Ethical Legal Consultants
  • Article

    Legal Protection For Transwomen In Marriages: A New Judicial Precedent Under Section 498-A IPC

    In a landmark ruling, the High Court of Andhra Pradesh in Vishwanathan Krishna Murthy v. The State of Andhra Pradesh (Criminal Petition Nos. 6780, 7064 and 6830 of 2022) decided that a transwomen...
    IndiaFamily and Matrimonial
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Balancing Justice And Procedure: Supreme Court Clarifies The Scope Of Section 82 Of CrPC And Section 174A Of IPC

    The Supreme Court, in its recent judgment in Criminal Appeal No. 4359 of 2024, dated January 2, 2025, addressed critical issues concerning the interplay between Section 82 of the Code of Criminal Procedure, 1973 (CrPC) and Section 174 of the Indian Penal Code, 1860 (IPC).
    IndiaLitigation, Mediation & Arbitration
    Lex Orbis
    Lex Orbis
  • Article

    Bharatiya Sakshya Adhiniyam, 2023

    Till date, the Indian Evidence Act, 1872 has served in the criminal justice system with regards to providing for general rules and principles of evidence for the commission of a fair trial, applicable to both; civil as well as criminal proceedings.
    IndiaTechnology
    J.P. Associates
    J.P. Associates
  • Article

    Bengaluru Crèche Abuse Case: Examining India's Regulatory Gaps In Childcare Oversight And Data Protection

    The registration of a criminal case against five daycare workers at a crèche operating within Capgemini Technology Services India Limited’s Brookefield campus in Bengaluru has brought renewed attention to a persistent gap in Indian law: the absence of a uniform, enforceable regulatory framework for workplace and standalone childcare facilities. The allegations — involving toddlers left in the care of employer-provided crèche staff — raise questions spanning criminal law, child protection legislation, employer obligations under labour law, and, increasingly, data protection law given the role that recorded video evidence played in bringing the matter to light.
    IndiaCriminal Law
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Fighting Corporate Fraud In India: Law, Accountability, And The Road Ahead

    Corporate fraud refers to any unethical or illegal actions undertaken by a business or its employees to gain an unfair advantage.
    IndiaCriminal Law
    Maheshwari & Co. Advocates & Legal Consultants
    Maheshwari & Co. Advocates & Legal Consultants
  • Article

    Law Of Perjury: A Global Perspective

    Perjury, "an act or an instance of a person's deliberately making materially false or misleading statements while under oath...
    IndiaCriminal Law
    S&A Law Offices
    S&A Law Offices
  • Article

    Power Of Courts To Grant Bail In Non-Bailable Offences

    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 ...
    IndiaCriminal Law
    Dhir & Dhir Associates
    Dhir & Dhir Associates
  • Article

    Rape, Death Penalty And The Doctrine Of Rarest Of Rare In India

    In order to limit the imposition of death penalty to extremely narrow band of cases, Forty- two years ago, the Hon'ble Supreme Court of India in Bacchan Singh v. State of Punjab...
    IndiaCriminal Law
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    The Scope Of Teachers' Disciplinary Powers: An Analysis Of The Kerala High Court's Ruling On Corporal Punishment And Criminal Liability

    The intersection of educational discipline and criminal liability has long presented complex challenges for the Indian judiciary, particularly in an era where child rights are increasingly emphasized yet traditional...
    IndiaCriminal Law
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Protecting Company's Interests: Forfeiture Of Gratuity For Misconduct Without Criminal Conviction

    Recently, in February 2025, in the case of Western Coal Fields Ltd. v. Manohar Govinda Fulzele1 ("WCF Case") the Hon'ble Supreme Court ("SC") addressed the issue of whether forfeiture of gratuity under the Payment of Gratuity Act, 1972 ("Gratuity Act")
    IndiaEmployment and HR
    Acuity Law
    Acuity Law
  • Article

    Confiscation And Forfeiture: Recovering Proceeds Of Crime In India

    The fight against crime extends beyond apprehending offenders; it also involves disrupting the financial infrastructure that sustains criminal activities.
    IndiaGovernment, Public Sector
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Alibi - A Conundrum Between Prosecution And Accused

    Alibi is a maxim which means at another place. The word "alibi" comes from Latin and its literal translation means "elsewhere".
    IndiaLitigation, Mediation & Arbitration
    S&A Law Offices
    S&A Law Offices
  • Article

    Bail: Considerations And Imposition Of Conditions

    Every citizen of India has a fundamental right to freedom guaranteed under Article 21 of the Indian Constitution, which specifically states, ...
    IndiaLitigation, Mediation & Arbitration
    S&A Law Offices
    S&A Law Offices
  • Article

    Cases Of Cheque Dishonour Can Be Compounded On Fair Compensation To The Complainant

    In 2012, a two judge bench of the Supreme Court ("SC") in the case of JIK Industries Limited and Ors. Vs. Amarlal V. Jumani and Anr. [(2012) 3 SCC 255] observed that...
    IndiaLitigation, Mediation & Arbitration
    LexCounsel
    LexCounsel
  • Showing 181–200 of 464 results

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