kapilchandnaadvocate-blog

[kapilchandnaadvocate-blog]

Article 142: Unfettered Powers of The Supreme Court of India

Article 142: Unfettered Powers of The Supreme Court of India

    Article 142 of Constitution of India empowers the Hon’ble Supreme Court of India to pass any decree or order necessary for doing “complete justice” in any matter pending before it. That on perusal of judgment passed by Supreme Court invoking Article 142(1) reveals that this power has been employed by the Supreme Court for two purposes namely (1) to give a go-by to the procedural requirement…

[kapilchandnaadvocate-blog]

Cancellation of Look-Out-Circular

What is a Look-Out Circular, and who can issue and when can it be issued? Does LOC lead to arrest? Whether anticipatory bail can be granted by Competent Court even if LOC was issued?

Look Out Circular or LOC is nowhere defined in Criminal Procedure Code, although, in common parlance, LOC means a document i.e. letter used by authorities to check, prevent and monitor effectively the entry or…

[kapilchandnaadvocate-blog]

Triple Test for Grant of Anticipatory Bail’s in India

Triple Test for Grant of Anticipatory Bail’s in India

Triple Test for Grant of Anticipatory Bail’s in India 

What purpose the prosecution would achieve by sending an accused in custody is an important point to be considered. Simply because an individual is alleged to have been involved in some serious crime, does not necessarily justify accused to be send to custody, unless there are compelling factors which justify curtailing the personal…

[kapilchandnaadvocate-blog]

Bail in NDPS Act || Best bail lawyer in delhi

Bail in NDPS Act || Best bail lawyer in delhi

Bail in NDPS Act

The meaning of bail is “the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money is lodged to guarantee their appearance in court”

Bail in NDPS Act. Section 37 says that no person accused of an offence punishable for offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity shall be…

[kapilchandnaadvocate-blog]

Struggling to get Divorce, here are some land mark cases in favor of husband

Struggling to get Divorce, here are some land mark cases in favor of husband

Struggling to Get Divorce, Here are Some Landmark cases in favor of husband 1. HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Dr. Anita Rani V/s Dr. Suresh Kumar

Wife files false criminal cases against the husband, breaking & throwing mangal sutra, getting husband arrested, neglecting household and ill-treated husband etc. are cruelty. P & H HC affirms lower court decree. Divorce granted by the…

[kapilchandnaadvocate-blog]

What is An Agreement to Sale?

What is An Agreement to Sale?

What is agreement to sale?

An agreement to salealways precedes the process of actual execution of the sale deed. An agreement to sale is a very important stage of the whole process. An agreement to sell is an important document in the process of sale and purchase of property. This agreement contains the terms and conditions agreed upon between the parties. It further binds them too. An agreement…

[kapilchandnaadvocate-blog]

What is agreement to sale?

What is agreement to sale?

What is agreement to sale?

An agreement to salealways precedes the process of actual execution of the sale deed. An agreement to sale is a very important stage of the whole process. An agreement to sell is an important document in the process of sale and purchase of property. This agreement contains the terms and conditions agreed upon between the parties. It further binds them too. An agreement…

[kapilchandnaadvocate-blog]

Should he send back to custody again?

Should he send back to custody again?

Should he send back to custody again?

More often than not this question comes to the mind of every person that once a person a granted bail, he cannot be send back to the prison and he can use his freedom the way he wishes. But now a day’s more number of cases for cancellation of bail are coming forward because the accused while taking bail swears to abide by the express terms and conditions if…

[kapilchandnaadvocate-blog]

Transfer of Petition – An effective tool to meet the ends of Justice

Transfer of Petition – An effective tool to meet the ends of Justice

Transfer of Petition – An effective tool to meet the ends of Justice

This is the provision inserted in Code of Civil Procedure under section 25 reads as under-

Power of Supreme Court to transfer suits, etc.

(1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under…

[kapilchandnaadvocate-blog]

Difference between writ & PIL?How to file a PIL in Supreme Court of India

Difference between writ & PIL?How to file a PIL in Supreme Court of India

PILs IN THE SUPREME COURT OF INDIA

PIL that is the “Public Interest Litigation” is directly filed by an individual or group of people in the Supreme Court of India and High Courts of India and judicial magistrate. It was felt that their interests are undermined by the government.In such a situation, the court directly accepts the public good.

It is a new legal horizon in which court of law can…

[kapilchandnaadvocate-blog]

Only for TEST

Hello this is testing

[kapilchandnaadvocate-blog]

How to seek bail in false 498A/406 IPC2

How to seek bail in false 498A/406 IPC2

HOW TO SEEK BAIL IN FALSE 498A/406 IPC

Matrimonial cruelty is the cruelty to which women are subjected to, by her husband and his relatives. Cruelty in matrimonial terms is physical and mental torture caused by the actions of the husband and his relatives towards the wife.

To deal with matrimonial cruelty our constitution makers inserted section 498a in Indian Penal Code which reads as under:-

Hu…

[kapilchandnaadvocate-blog]

How to seek bail in false 498A/406 IPC

How to seek bail in false 498A/406 IPC

How to seek bail in false 498A/406 IPC

Matrimonial cruelty is the cruelty to which women are subjected to, by her husband and his relatives. Cruelty in matrimonial terms is physical and mental torture caused by the actions of the husband and his relatives towards the wife.

To deal with matrimonial cruelty our constitution makers inserted section 498a in Indian Penal Code which reads as under:-

Hu…

[kapilchandnaadvocate-blog]

How to seek Bail in False Rape Cases?

How to seek Bail in False Rape Cases?

How To Get Bail In False Rape Case ?  Rape, one of the most terrifying words which gives goosebumps to both men and women. There were many laws for this heinous offence framed by the constitution makers. Some use these laws as a remedy for the mishap that takes place with the innocent but with the instance of time other use these remedies as a weapon of revenge or way to throw their frustration…

[kapilchandnaadvocate-blog]

Why Anticipatory Bail? How To Apply For Anticipatory Bail?

Why Anticipatory Bail? How To Apply For Anticipatory Bail? Read Our Latest Article to know more

The necessity to grant Anticipatory Bail arises mainly because sometimes influential persons try to implicate their rivals in false case for the purpose of disgracing them or for other purpose by getting them detained in jail for some days to get their work done indirectly. In recent times since the rise of property prices and many civil case coming up by the plaintiff to seek their rights and if…

[kapilchandnaadvocate-blog]

How to get bail in Section 420 IPC

How to get bail in Section 420 IPC

How to get bail in Section 420 IPC

Section 420 in the Indian Penal Code deals with Cheating and dishonestly inducing delivery of property.

420:Cheating and dishonestly inducing delivery of property.: Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which…

[kapilchandnaadvocate-blog]

Should Criminal Trial be Discharge or Framing of Charge?

Should Criminal Trial be Discharge or Framing of Charge?

One of the most important stages in the criminal trial is the framing of charge and the courts have to be very careful at the stage of framing the charge. The courts can, however, discharge the accused if the court is of the opinion that no prima facie is made out against the accused and the accused should not be made to face the trial. Before we get into the factors the court must take into…