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  • Article

    Beyond The Complaint: Expanding The High Court’s Power To Quash Frivolous Criminal Proceedings

    The Supreme Court of India (“Supreme Court”) in Sujoy Ghosh vs. State of Jharkhand and Anr.1, delivered a significant ruling reiterating that where quashing of criminal proceedings is sought on the ground that the complaint is frivolous, vexatious, or malicious, the court is not confined to the bare averments in the complaint/First Information Report (“FIR”). It may examine the attendant circumstances and materials on record (including undisclosed or exculpatory material) to determine whether a prima facie offence is genuinely made out or whether the proceedings amount to an abuse of process.
    IndiaLitigation, Mediation & Arbitration
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Trial By Media: Is The Media The Best-Storyteller?

    Lord Macaulay (British Member of Parliament) once called the media "the fourth pillar of democracy". However, as evident by the Sushant Singh Rajput ("SSR") ...
    India
Media, Telecoms, IT, Entertainment
Obhan Mason
Obhan Mason
  • Article

    Default Bail In India

    The State Through Central Bureau of Investigation vs T. Gangi Reddy @ Yerra Gangi Reddy CRIMINAL APPEAL NO. 37 OF 2023
    IndiaCriminal Law
    LexCounsel
    LexCounsel
  • Article

    Nirbhaya Case: Do We Continue To Fail?

    In a recent report by an award winning journalist, Ms. Priyanka Dubey, observed that our country was known as one of the world's most dangerous for women.
    IndiaCriminal Law
    S&A Law Offices
    S&A Law Offices
  • Article

    Delhi High Court Has Held That Criminal Proceedings U/S 138 Of Negotiable Instruments Act, 1881 Is Not Maintainable Against Non-Executive Directors Of A Company

    The summons order was challenged before the Delhi High Court.
    IndiaCorporate/Commercial Law
    Rajani Associates
    Rajani Associates
  • Article

    Can Accused In Criminal Case Seek Exemption From Personal Appearance Even Before Appearing In Person In Court Or Furnishing Bail Bonds?

    Section 317 of Code of Criminal Procedure, 1973 ("Cr.P.C.")/ Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023...
    IndiaCriminal Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Hit Refresh: India's Criminal Laws (Part 2 Of 3): Key Highlights Of Bharatiya Nagarik Suraksha Sanhita, 2023

    In a significant move aimed at overhauling the criminal justice delivery system in India, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been recently introduced to replace the long-standing Code of Criminal Procedure, 1973 (CrPC).
    IndiaCriminal Law
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Meaning Of Continuing Offence Under Criminal Law

    As per Section 472 of Code of Criminal Procedure, 1973 ("Cr.P.C"), in the case of a continuing offence, a fresh period of limitation begins to run at every moment...
    IndiaCriminal Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Passport Denial Based On FIR Alone Impermissible, Rules Andhra Pradesh High Court

    In an important decision concerning passport rights and the interpretation of Section 6(2)(f) of the Passports Act, 1967, the Andhra Pradesh High Court[1] has clarified that the mere registration of a criminal...
    IndiaCriminal Law
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Steps For Quashing Of FIR

    Recently, the Hon'ble Supreme Court of India in a Criminal Appeal bearing no. 3831 of 2025 decided on 2nd September 2025, dealt with an order passed by the Hon'ble High Court of Judicature at Allahabad in application under Section 482 of Cr.P.C. bearing No. 12607 of 2016.
    IndiaCriminal Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    The Conflict Of Interest In Representing Multiple Accused Persons In Criminal Matters

    In criminal cases, especially in economic offences, it is common to see one lawyer representing multiple accused persons.
    IndiaCriminal Law
    Metalegal Advocates
    Metalegal Advocates
  • Article

    Mere Reproduction Of Statutory Language Does Not Constitute “Reason To Believe” Under PMLA; Writ Maintainable Despite Alternate Remedy: Karnataka High Court

    The Court further held that a writ petition challenging the very jurisdictional foundation of the attachment is maintainable notwithstanding proceedings before the Adjudicating Authority under Section 8 of the PMLA or the availability of a statutory appellate remedy.
    IndiaGovernment, Public Sector
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Criminal & Civil Prosecution For Copyright/Trademark Violation

    If any brand's product is genuine & original, then it enjoys a substantial amount of recognition in the eyes of its potential customer, therefore it is necessary to protect the commercial value of any product offered by such brands ...
    IndiaIntellectual Property
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    IP CRIME: "Rising Threats To Intellectual Property Rights"

    In today’s era, Indian economy relies upon Intellectual property to drive economic growth at a fast pace.
    IndiaIntellectual Property
    S&A Law Offices
    S&A Law Offices
  • Article

    Criminal Conviction By A Court Is Necessary For Forfeiture Of Gratuity

    In a recent judgment titled Punjab National Bank vs. Niraj Gupta and Anr.[1] the Hon'ble Delhi High Court ("Hon'ble HC") clarified that an employee's gratuity could not be forfeited on the grounds of an ‘offe
    IndiaLitigation, Mediation & Arbitration
    Dentons
    Dentons
  • Article

    Delhi High Court: Go To Mediation For Cheque Bouncing

    In today's world, numerous commercial transactions take place in a routine fashion. With the passage of time we have evolved from barter system in the ancient age to a uniform mode of currency
    IndiaLitigation, Mediation & Arbitration
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Letter Before Action: First Step Towards Initiating A Legal Action

    In India, a legal notice is considered to be the first step involved in any legal proceeding.
    IndiaLitigation, Mediation & Arbitration
    Singhania & Partners LLP
    Singhania & Partners LLP
  • Article

    The Twitter Effect

    Criminal contempt has been recognized as the action of publishing any matter including by words, spoken or written.1
    IndiaLitigation, Mediation & Arbitration
    Obhan Mason
    Obhan Mason
  • Article

    Whether A Statement Made Before Enforcement Directorate (PMLA) Is Binding On The Accused Without Proof/As Admission?

    Under PMLA, a person is required to give truthful statement if such person is summoned by the Director.
    IndiaLitigation, Mediation & Arbitration
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Cyber Defamation In Corporate World

    The criminalisation of Cyber Defamation in India.
    IndiaMedia, Telecoms, IT, Entertainment
    S&A Law Offices
    S&A Law Offices
  • Showing 241–260 of 464 results

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