Mondaq All Regions - India: Criminal Law
Vaish Associates Advocates
The private person who is permitted to conduct prosecution in the magistrates court can engage a counsel to do the needful in the Court in his behalf.
Singh & Associates
Even as we celebrate 70 years of Independence, the women in our country are still not truly free and independent and continue to live under the realm of darkness and fear.
Vaish Associates Advocates
In criminal prosecutions, it becomes important to analyze the remedies available with the accused in, especially the option of choosing between the filing an application for discharge or approaching...
Singh & Associates
Section 497, Indian Penal Code, 1860 [hereinafter referred as "the Act"] adumbrates that if an accused has sexual intercourse (not amounting to the offence of rape) with a person who is and whom he knows ...
Singh & Associates
This article is a brief outline of how and what happens once a crime takes place and how the investigation machinery leads the investigation under Cr.P.C and ultimately rests its case before the Judiciary...
Singh & Associates
The burden of proof that fiduciary duty existed was on the Regulator.
Phoenix Legal
In the recent past, the rich Indian brigade has caught the public eye on account of what the Indian Government refers to as the ‘loot and scoot' crimes.
Nishith Desai Associates
Given that investor directors are usually non-executive in nature, they should normally not be liable for actions which are largely promoter-driven
Dhir & Dhir Associates
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 ...
Luthra & Luthra Law Offices
In the last few months we have seen a major crackdown on Benami properties and their owners by the Government.
Vaish Associates Advocates
Despite the fact, the Benami Transactions (Prohibition) Act, 1988 came into force on 19.05.1988 (hereinafter referred as "1988 Act") in India, even at that time the concept of benami transaction was not alien in India.
S.S. Rana & Co. Advocates
The Supreme Court of India, on December 14, 2017, in the case of Ashwini Kumar Upadhyay vs Union of India, directed the State governments and respective High Courts to ensure that twelve Special Courts are set up ...
Foley & Lardner
Obtaining permissions, approvals and licences in India creates high risks for bribery on account of there being significant interaction between the company and government authorities.
S.S. Rana & Co. Advocates
A full bench comprising of Hon'ble Mr. Chief Justice Dipak Misra, Hon'ble Mr. Justice AM Khanwilkar and Hon'ble Mr. Justice DY Chandrachud has laid down broad principles from various precedents ...
S.S. Rana & Co. Advocates
Faced by the challenges posed by black money, the Government of India is aiming to ensure its eradication. Amongst various measures taken thereunder...
Cyril Amarchand Mangaldas
Diwali is one of the most anticipated and celebrated festivals in India.
Vaish Associates Advocates
That Section 319 of the Code of Criminal Procedure, 1973 springs out of the doctrine judex damnatur cum nocens absolvitur (Judge is condemned when guilty is acquitted) and this doctrine must be used as a beacon light ...
Deloitte
A company cannot use lack of knowledge of an agent's activities as a defence against prosecution under the FCPA.
Deloitte
The corporation in question is a leading multinational with widely acknowledged best practices and a strong governance focus.
Deloitte
Companies today need to be agile and efficient to remain viable, and this calls for co-operation, collaboration, and delegation to achieve business goals, resulting in a complex network of business relationships...
Most Popular Recent Articles
Luthra & Luthra Law Offices
In the last few months we have seen a major crackdown on Benami properties and their owners by the Government.
S.S. Rana & Co. Advocates
A full bench comprising of Hon'ble Mr. Chief Justice Dipak Misra, Hon'ble Mr. Justice AM Khanwilkar and Hon'ble Mr. Justice DY Chandrachud has laid down broad principles from various precedents ...
Luthra & Luthra Law Offices
Crime is increasingly turning international. Many serious offences now have cross border implications.
Vaish Associates Advocates
Despite the fact, the Benami Transactions (Prohibition) Act, 1988 came into force on 19.05.1988 (hereinafter referred as "1988 Act") in India, even at that time the concept of benami transaction was not alien in India.
Dhir & Dhir Associates
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 ...
Singh & Associates
To begin with, let us first understand what constitutes the meaning of the word "Begging".
Vaish Associates Advocates
That Section 319 of the Code of Criminal Procedure, 1973 springs out of the doctrine judex damnatur cum nocens absolvitur (Judge is condemned when guilty is acquitted) and this doctrine must be used as a beacon light ...
Nishith Desai Associates
Arbitrability of fraud has been one of the contentious issues in arbitration.
S.S. Rana & Co. Advocates
In a recent Petition filed by Mr. K. Raghupathy against the Commissioner of Police and the Sub-inspector of Police under Section 482 of the Criminal Procedure Code, ...
Ropes & Gray LLP
Earlier this year, the Supreme Court of India clarified the standard necessary to prove violations of India's Prevention of Corruption Act, 1988 ("PCA"), in a ruling that may limit enforcement of the PCA...
Nishith Desai Associates
Our Anti-Corruption Practice Group is pleased to present the above publication which can be accessed by clicking on the thumbnail.
Deloitte
On 14 December 2015, the Ministry of Corporate Affairs (MCA) came out with a notification pertaining to reporting of frauds..
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