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  • Article

    Fraud & Investigation

    Numerous instances arise where a company becomes a victim to various types of crimes conducted by third parties and even the employees. Companies become a tool for such individuals to extract money and engage in various illegal activities.
    IndiaCriminal Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Re-Promulgation Of Ordinance Is A Fraud On The Constitution – Analysis In Light Of Krishna Kumar Singh V. State Of Bihar

    The Court also held that the satisfaction of the President of India under Article 123 and of the Governor under Article 213 while issuing an Ordinance is not immune from judicial review.
    IndiaGovernment, Public Sector
    S&A Law Offices
    S&A Law Offices
  • Article

    The Significance Of Explanation Within The Realm Of PMLA

    In the intricate tapestry of legal frameworks, the Explanation appended to a statutory provision assumes a role of paramount importance. Its function is not to rewrite the law but to illuminate...
    IndiaGovernment, Public Sector
    Vaish Associates Advocates
    Vaish Associates Advocates
  • 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

    From Conviction To Compromise: Supreme Court Opens The Door To Post-Sentence Settlements

    The Supreme Court of India has once again reaffirmed the settlement-oriented philosophy underlying cheque dishonour litigation by holding that an offence under Section 138...
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Benami Transactions (Prohibition) Amendment Act, 2016

    In a regime to wash off black money from the Country, the Indian Government took another laudable leap by initiating the Benami Transactions Bill, 2015...
    IndiaReal Estate and Construction
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Bodily Injuries Not Essential To Prove Sexual Harassment

    A bench comprising Hon'ble Mr. Justice Hrishikesh Roy and Hon'ble Mr. Justice S.V.N. Bhatti emphasized that trauma manifests differently in different individuals and rigid assumptions about how a victim ‘should' behave are both unrealistic and unjust...
    IndiaCriminal Law
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Decriminalization Of Criminal Offence Under Section 138 Of Negotiable Instruments Act, 1881

    The Ministry of Finance vide its Statement of Reason dated 08.06.2020 has announced various steps to provide relief from the economic stress caused due to the Covid-19 pandemic.
    IndiaCriminal Law
    S&A Law Offices
    S&A Law Offices
  • Article

    Extradition Law: Fundamentals And Processes – Part II

    Part I of the article elaborates on legal basis and purpose extradition, the procedure and the statutory provisions of Indian Extradition Act, 1962 as well as the key aspects of the extradition treaty between India and the UK.
    IndiaCriminal Law
    Cyril Amarchand Mangaldas
    Cyril Amarchand Mangaldas
  • Article

    General Criminal Defences: Mistake Of Fact, Accident And Necessity- Part II

    The Indian Penal Code provides some general defences under chapter four that exonerate criminal liability which based on the premise that though the person committed the offence, he cannot be held liable.
    IndiaCriminal Law
    Aggarwals & Associates
    Aggarwals & Associates
  • Article

    Revisiting The Doctrinal Divide: Cancellation Versus Revocation Of Bail Orders

    DGGI had alleged that M/s Anmol Tradex Pvt. Ltd. ("Company") had fraudulently availed input tax credit (ITC) based on non-genuine invoices from the suppliers who were involved in circular trading...
    IndiaCriminal Law
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Supreme Court: Borrowers To Be Given An Opportunity To Be Heard Before Classifying Their Account As Fraudulent

    The procedure under the Master Directions as it currently stands would help timely detection and reporting of a fraud.
    IndiaCriminal Law
    Phoenix Legal
    Phoenix Legal
  • Article

    Supreme Court Of India Holds That An Opportunity Of Hearing To The Accused Before Taking Cognizance Applies To Proceedings Under The Prevention Of Money Laundering Act, 2002

    In Parvinder Singh v. Directorate of Enforcement, the Supreme Court held that the first proviso to Section 223(1) BNSS applies to PMLA proceedings and that CrPC Sections 200–205 governing complaints apply to such cases.
    IndiaCriminal Law
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    No "Safe Harbour" For Proceeds Of Crime Under IBC

    Corporate creditors navigating insolvency proceedings face a critical challenge when the Directorate of Enforcement attaches assets under anti-money laundering laws. Recent tribunal rulings clarify that the Insolvency and Bankruptcy Code offers no protection from criminal attachment orders, forcing creditors to pursue relief through specialized PMLA courts rather than insolvency tribunals.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    BTG Advaya
    BTG Advaya
  • Article

    Between The Lines... January, 2016

    The Authority for Advanced Ruling (AAR) has recently held that there should be no liability to pay service tax on the salary and allowances payable by expatriates in terms of the dual employment agreement.
    IndiaCorporate/Commercial Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Disclosure Of Specified Bank Notes

    Fight against corruption has been a priority for the Government for past few years. Many steps have been taken to fight against it, at all possible levels, whether it relates to Government Officials..
    IndiaCorporate/Commercial Law
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    SEBI Tightens Rope: New Insider Trading Norms Introduced

    The Securities and Exchange Board of India finally notified the SEBI (Prohibition of Insider Trading Regulations) 2015 on January 15, 2015 replacing the two-decade old insider trading norms in India.
    IndiaCorporate/Commercial Law
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    A Comparative View Of Anti-Corruption Laws Of India

    Our Anti-Corruption Practice Group is pleased to present the above publication which can be accessed by clicking on the thumbnail.
    IndiaCriminal Law
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Anti-Corruption: If You Are Not Part Of The Solution; You Are The Problem

    Fighting corruption in India has entered a new phase. In recent times, newspapers are filled with reports and analyses of alleged acts of bribery common in India.
    IndiaCriminal Law
    PSA
    PSA
  • 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
  • Showing 561–580 of 1066 results

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