A & M Law Firm, Pune

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

India has nearly a population of 472 million children below the age of eighteen, out of which 225 million are girls. Protection of children by the state is guaranteed to Indian citizens by an expansive reading of Article 21 of the Indian constitution, and also mandated given India's status as signatory to the UN Convention on the Rights of the Child. Child sexual abuse laws in India have been enacted as part of the nation's child protection policies. The necessity for a legal remedy is evident given that nearly 24 per cent of all children have suffered sexual abuse, and half of these were at the hands of persons in the position of trust. The children are vulnerable as they are innocent and are not aware about the predators. In order to provide them protection, the Parliament of India passed the 'Protection of Children Against Sexual Offences Bill, 2011' regarding child sexual abuse on 22 May 2012 into an Act. The rules formulated by the government in accordance with

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

It does not matter whether the broker is hired by the owner or not hired by the owner. As the broker has cheated you, so you can file a complaint to the nearest Police station, as per Cheating in India (section 415 of IPC) & S.420 of IPC (Cheating and dishonestly inducing delivery of property). Illustration of cheating with the help of an example, is mentioned below:- Broker rented YOU a Flat. Broker , intentionally deceived YOU into believing that the Flat belonged to X, & X has made him the broker and thereby induced you to pay the brokerage amount to him. BROKER has committed the crime of cheating. The points which amounts to the offence of cheating 1. The accused must deceive another person 2. The person so deceived should be induced to deliver any property to any person, or 3. The person so deceived should be intentionally induced to do or at times, not to do an activity. There are two classes of acts which the person deceived may be induced to do. Firstly he may be induce