Can there be a Look Out Notice/ Circular against Wilful Default in Repayment of Loan?
202105.24
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Can there be a Look Out Notice/ Circular against Wilful Default in Repayment of Loan?

Yes, the Indian Government on 22nd November, 2018 through MHA circular, has empowered the CEOs of public sector banks to request look-out circulars/notice against wilful defaulters and fraudsters even before FIRs are filed against them. The recommendation had been part of the committee headed by financial services secretary Rajiv Kumar as a step towards the…

Focus Areas and Considerations for Bail in POCSO ACT
202008.29
4

Focus Areas and Considerations for Bail in POCSO ACT

POCSO is a special act enacted with the objective to protect children from sexual assault and to ensure that the person accused of crime under the POCSO Act, should not get away with the accusations as easily’, therefore section 30 was incorporated in the Act, which presumes culpable mental state of the accused unless rebutted…

Contempt: Only Saviour From Mal-Administration
202008.19
0

Contempt: Only Saviour From Mal-Administration

For the sake of the administration of justice and in order to maintain the decency and order of judicial proceedings, that this extensive and summary power is confided to a Judge. To maintain law and order, the judges have, and must have, power at once to deal with those who offend against it. In India,…

Supreme Court : Bail in Times’ of COVID-19
202006.21
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Supreme Court : Bail in Times’ of COVID-19

Since the Jail in India are congested and over crowded , Hon’ble Supreme Court of India held that social distancing is not possible if jails remain overcrowded, making it difficult to for maintaining social distancing. Taking note of the above-mentioned fact, Hon’ble Supreme Court in Suo Motu Writ Petition (C) No. 1/2020, In Re: Contagion…

Bail Laws in India
202006.14
2

Bail Laws in India

Just because a person is accused of an offence, it is not expected to keep the person in custody for an endless period i.e. end of the trail, when most of the cases end in acquittal. And since the accused is presumed to be innocent unless proved guilty beyond reasonable doubt, it is against the…

Supreme Court:  Mandatory Registration of an FIR
202005.31
2

Supreme Court: Mandatory Registration of an FIR

Every person whether aggrieved or not, of an offence “committed or attempted” is expected to call or approach the police at first instance and get it reported. After the offence is reported, the police will look into allegations and identify whether the offence reported is a cognizable offence or non-cognizable offence. If the offence discloses…

Bail Rule: Jail Exception
202005.27
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Bail Rule: Jail Exception

The Principle of Bail as Rule and Jail as an exception, finds its very source from Article 21 and Article 22 of the Constitution of India and also from the well known principle of “Presumption of Innocence, Unless Proved Guilty”. Only because a person is accused to have a committed an offence, the state cannot…

Assessment Of Compensation In Motor Accident Claim Cases
202005.23
1

Assessment Of Compensation In Motor Accident Claim Cases

Motor Accident occurred generally due to interplay of various factors like (i) human error, (ii) road environment and (iii) vehicular condition and including Traffic rules violations i.e. Rash and Negligent Driving. For remedial actions, which include civil as well as criminal actions under penal law. To compensate the affected parties and their family members, legislative…