Vertari Legal’s Post

Never Reported Judgment| Mere clause in compromise deed to drop criminal proceedings between parties will not necessarily render compromise unlawful [(1953) 1 SCC 249] Reported by Arushi Pandey Read More Here- https://lnkd.in/gFgjD3SK #neverreportedjudgment #compromise #CompromiseDeed #criminalproceedings #SupremeCourt #Unlawful #unlawfulconsideration #scconline #SCC #legalnews #legalknowledge #scctimes #legalblog #legalupdates #lawstudent #legalresearch #legalstudies #surestwaytolegalresearch #bringingyouthebestlegalnews

Bounced/dishonouring of a bank cheque has well protected civil and criminal remedies under law. Criminal law: Receiver can lodge FIR under Section 489-F of PPC, whereby the person whoever dishonestly issues a cheque which is dishonoured is punishable with imprisonment which may extend to 3 years or with fine, or with both. Civil law: File a summary suit under Order XXXVII, Rule 2(2) of C.P.C. The Defendant has to file leave to appeal within 10 days from service being good; upon failure to do so, the Plaintiff is liable to be granted the decree in its favor. Criminal and civil proceedings are allowed to proceed concurrently. #bouncedcheque #law #recovery

The Supreme Court's observation emphasizes the dual avenues available to the High Court for quashing criminal proceedings. Traditionally, Section 482 of the Criminal Procedure Code (Cr.P.C.) has been the primary mechanism used by the High Court to exercise its inherent powers for quashing criminal cases. However, the Court also acknowledged that the High Court could use its power under Article 226 of the Constitution of India to quash a criminal case, particularly in cases where there is an abuse of the legal process. Article 226 grants the High Court the authority to issue writs to enforce fundamental rights or for any other purpose, which includes preventing the misuse of law. The Supreme Court's statement clarifies that invoking Article 226 is not limited solely to cases of fundamental rights violation, but can also serve as a means to stop the misuse of the legal process in criminal cases, even if such cases would typically be handled under Section 482 Cr.P.C. This broader interpretation allows the High Court more flexibility in protecting the interests of justice.

Understanding Appearance Bonds: A Comprehensive Guide to Legal Release Procedures When someone is arrested, the judicial system often uses appearance bonds as a mechanism to ensure the accused returns for court proceedings while remaining free from custody. This article delves deeply into what appearance bonds are, how they function, and their role within the legal system, providing essential insights backed by expert commentary and real-life examples. What is an Appearance Bond? An appearance bond, commonly referred to as a bail bond, is a legal agreement that allows a person charged with a crime to be released from jail while awaiting court dates. This bond guarantees that the defendant will appear in court for all scheduled proceedings. Failure to comply results in severe financial penalties and possible re-arrest. The concept of the appearance bond is rooted in the principle of presumed innocence until proven guilty. It allows defendants to continue their daily lives, attend work, and consult freely with their legal counsel as they prepare for upcoming court appearances. This system c... #AppearanceBond #Bail #BailBondsman #BailConditions #CourtCompliance #CourtRelease #CriminalJustice #DefendantRights #JudicialSystem #LegalGuarantee #LegalResponsibility #PretrialRelease

This I think is important.. Small fines to Solicitors for effectively attempting to destroy peoples life through #SLAPPS is simply not near strong enough. When we look at the #Postofficedrama the destruction was catastrophic to many involved. Those Solicitors that engage in #SLAPPS have absolutely no ethical or moral compass at all and I personally believe they should be struck off altogether and have a criminal conviction for Perverting the Course of Justice, amongst other offences. Unlimited fines a deterrent. Prison sentences by far are the biggest deterrent. This is a move in the right direction.

https://lnkd.in/dmxt9vav Are arrest powers under the PMLA being fairly exercised? In my latest piece, I delves into the evolving legal landscape surrounding the Enforcement Directorate's authority, exposing critical gaps in procedural safeguards. As the courts refine the balance between robust law enforcement and the protection of individual rights, the article highlights key judicial rulings and the ongoing debate over transparency and accountability in arrests. A must-read for those following financial crimes and constitutional rights. #PMLA #LegalReform #EnforcementDirectorate #JudicialReview #ConstitutionalRights #MoneyLaundering #TransparencyInLaw #BailReforms #FairProcedure #VivekNarayanSharma #SupremeCourtAdvocate #SupremeCourtOfIndia #EDArrests #DueProcess

Day 6 of our ‘Legal Word of the Day’ campaign! 📚 Today’s letter is F, exploring essential legal terms like Fraud, FIR (First Information Report), and Foreclosure. These terms are vital for understanding the foundations of the Indian legal system. Stay with us as we continue our journey through legal vocabulary from A to Z, and enhance your legal knowledge one word at a time! #aaainsolvency #legalwordoftheday #laweducation #ibc #legalawareness

Day 6 of our ‘Legal Word of the Day’ campaign! 📚 Today’s letter is F, exploring essential legal terms like Fraud, FIR (First Information Report), and Foreclosure. These terms are vital for understanding the foundations of the Indian legal system. Stay with us as we continue our journey through legal vocabulary from A to Z, and enhance your legal knowledge one word at a time! #aaainsolvency #legalwordoftheday #laweducation #ibc #legalawareness

Quickly get up to speed with this summary. See how recent U.S. Supreme Court decisions affect rules on expert testimony in criminal cases, federal arbitration procedures, and more. #ICLEMI #YourPartnerinPractice

Understanding Appearance Bonds: A Comprehensive Guide to Legal Release Procedures When someone is arrested, the judicial system often uses appearance bonds as a mechanism to ensure the accused returns for court proceedings while remaining free from custody. This article delves deeply into what appearance bonds are, how they function, and their role within the legal system, providing essential insights backed by expert commentary and real-life examples. What is an Appearance Bond? An appearance bond, commonly referred to as a bail bond, is a legal agreement that allows a person charged with a crime to be released from jail while awaiting court dates. This bond guarantees that the defendant will appear in court for all scheduled proceedings. Failure to comply results in severe financial penalties and possible re-arrest. The concept of the appearance bond is rooted in the principle of presumed innocence until proven guilty. It allows defendants to continue their daily lives, attend work, and consult freely with their legal counsel as they prepare for upcoming court appearances. This system c... #AppearanceBond #Bail #BailBondsman #BailConditions #CourtCompliance #CourtRelease #CriminalJustice #DefendantRights #JudicialSystem #LegalGuarantee #LegalResponsibility #PretrialRelease