A & M Law Firm, Pune

Section 170. Cases to be sent to Magistrate, when evidence is sufficient. (1) If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial, or, if the offence is bailable and the accused is able to give security, shall take security from him for his appearance before such Magistrate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed. (2) When the officer in charge of a police station forward an accused person to a Magistrate or takes security for his appearance before such Magistrate under this section, he shall send to such Magistrate any weapon or other article which it may be necessary to produce before him, and shall require the complainant (if

#In a case of mutual divorce generally lawyer is same or lawyers are from same legal firm. # Petitioner and the Respondent do not trust, so same lawyer cannot argue. As people believe for argument two are needed. However parties in disagreement can arrive at a consensus and can settle the matter. Same can be granted in court of law. # Ego of parties in disagreement leads to prolong litigation. As no one wants to budge. # Court of law always want that the petitioner and respondent should compromise legally. But parties in disagreement want to go ahead with everlasting litigation. Thus appeal goes on till the Apex court. # Everything is possible but people do not want. # So whatever people want becomes a practice in any field.

S. 120B of Indian Penal Code, 1860 - Punishment of criminal conspiracy (1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence. 2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both. A) Criminal conspiracy to commit an offence, Punishable with death, imprisonment for life or rigorous imprisonment for a term of 2 Years or upwards- Then the punishment shall be Same as for Abetment of that Offence B) Any other criminal conspiracy - Then the punishment shall be 6 Months or Fine or Both Elements of a criminal conspi

Section 357A of the Criminal Procedure Code- Chapter XXVII Victim compensation scheme Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who, require rehabilitation. Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to in sub-section (1) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under section 357 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation. Where the offender is not traced or identified, but the victim is identified, and wh

First step is that you should apply for anticipatory bail, if the frivolous FIR is lodged against you, but check in FIR that with bailable offence, there should be a non - bailable offence charged against you. As anticipatory bail is granted only when there is a non-bailable offence charged against you. Anticipatory bail is provided under Section 438 of CrPC. The person can apply for Anticipatory bail only in case of Cognizable and Non-bailable offence. If a false FIR has been lodged against a person in order to implicate him in a false case, he has the option to apply for the Anticipatory Bail under Sec 438 of CrPC. The Person can apply to the High Court or Court of Session for the grant of Anticipatory Bail. The Court will grant the Anticipatory bail taking into consideration, where the accusation has been made with the intent of causing injury or implicating a person in a false case (as it can be proved easily by you, as you are innocent). If all the offences charged against yo

In India the fundamental mistake committed by the complainants are that they do not understand that only filing a FIR will not help them to get justice. We need to understand that the evidences and proofs can only lead the way to justice. So,first understand S.498 A of Indian Penal Code, So, whenever the husband or In laws have beaten the complainant, the complainant should visit the nearest government hospital for medical treatment and medical certificate. Only government hospital certificates can be admitted as a proof in the court of law. If the injury is mental harassment then also the above procedure, the complainant has to follow. Detailed information about Section 498 A- Section 498-A IPC was introduced with an objective to fight the menace of dowry deaths and harassment to a woman at the hands of her husband or his relatives. Definition under Section 498-A: Husband or relative of husband of a woman subjecting her to cruelty — Whoever, being the husband or the rel

The accused should surrender to police as in the above sections, all the offences are bailable thus as per legal procedure, the accused cannot apply for anticipatory bail as the above mentioned charges framed against the accused, are not containing at least one non bailable offence against the accused, all the charges are bailable offences. Offences under the Criminal Law are classified into bailable and non-bailable offence. Section 2(a) of the Code of Criminal Procedure, 1973, provides that “bailable offence” refers to offences which are shown as bailable in the First Schedule or which is made bailable by any other Law and non-bailable offence means any other offence not specified in the First Schedule. A general reading of the bailable offences in the Schedule indicates that by and large not so serious offences are considered as bailable and other offences are considered as non-bailable. According to the First Schedule offences under any Law other than the Indian Penal C

In consumer court, a consumer can plead for himself/herself; means an individual does not need to hire a lawyer. But an individual should be well versed with Consumers Protection Act 1986 . Consumer Protection Act-1986 and The Consumer Protection Bill, 2018 The Consumer Protection Bill, 2018 Above two are very important for an individual, in order to defend your case against the beauty product company. A consumer is called ‘the king’ who controls the market. Although, a lot of businesses get involved in trade malpractices and sell fake or substandard products, or provide services at an inferior quality in order to cut costs and earn more profits. It is the consumer that ultimately suffers by paying hefty prices for defective goods, or faulty services. But, a consumer has been given the right to hold the manufacturer, seller or service provider liable for such faults goods or services. A consumer has various options to raise their claim with the company about their

The concept of bail is unfair as well as fair. In this article, I am discussing the concept of bail in context of Indian law. The granting of bail is usually considered to be an inherent right. However, there are certain circumstances where bail may be refused. In bailable offences, it is a right of the accused to be released on bail. But in non bailable offences, the accused can be refused bail by the competent authority if the authority deems it fit. Unless exceptional circumstances are brought to the notice of the Court which may defeat proper investigation and a fair trial, the Court will not decline to grant bail to a person. A court is bound to presume a person innocent till the trial is complete. A bail hearing is not a hearing on the merits of the matter itself and does not go into the issue of guilt. Therefore granting of bail is the norm except in cases where specific grounds are made out based on which the bail can be refused. If there are reasonable grounds for believi

In a Private Limited Company – Minimum two Directors should be there. Hence both the Directors should sign the resolution. As per Sec.21 of Companies Act 2013, resolution can be signed by any Key Managerial Personnel (which includes a Managing Director) or an officer of the company duly authorized by the Board. Hence there is nothing illegal, if the resolution is signed by Managing Director.Provisions of the Companies Act, 2013: Section 21: Authentication of documents, proceedings and contracts. For this provision, no rules are prescribed the Companies Rules, 2013 [Section 21 is brought to force with effect from September 12, 2013.] This section is applicable to all companies. Any document or proceedings requiring authentication by a company, may be signed by any key managerial personnel. It may also be signed by an officer of the company if so duly authorized in this behalf by the Board of Directors of a company. Similarly contracts made by or on behalf of a company shall be signed. T

A Session Judge can pass any sentence authorized by law- sentence to death is subject to confirmation by High Court. Assistant Session Judge can pass sentence, Imprisonment up to 10 years or/ and fine. For criminal cases, like all MPs, she/he can be arrested anytime. She/he can be arrested in the name of preventive detention and contempt of court as well. For civil cases, she/he enjoys some immunity. Prime Minister is a member of parliament. Members of parliament cannot be arrested during the session of parliament and 40 days before beginning of session and 40 days after the end of session (Article 105). There are 3 sessions of parliament in a year. Lok Sabha sits for around 70 days a year. So there are 310 days out of 365 in which they cannot be arrested for civil cases. Cases can be filed against the sitting Prime Minister , and he/she can even be called for cross examination by the Indian Courts. If found guilty by courts , irrespective of being the sitting Prime Minister he/she has