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Searching Content indexed under Litigation, Mediation & Arbitration by Vijay Pal Dalmia, Partner ordered by Published Date Descending.
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Perjury, False Claim & False Prosecution In A Case, Section 209 Of IPC & Section 340 Of The Cr.P.C.
The principles relating to Perjury, False Claim & False Prosecution in a judicial proceeding and its consequences under Section 209 of the Indian Penal Code & Section 340 of the Criminal Procedure Code ...
India
28 Aug 2019
2
Financial Assistance By Father & Benami Transaction
The Hon'ble Supreme Court of India in a recent judgment dated 9th April 2019, passed in the case of P. Leelavathi (D) by L.R.s vs. V. Shankarnarayana Rao (D) by L.R.s bearing Civil Appeal No. 1099 of 2008, ...
India
22 Aug 2019
3
Essence Of A Benami Transaction
The essence of a benami is the intention of the party or parties concerned; and not un-often such intention is shrouded in a thick veil which cannot be easily pierced through.
India
19 Jul 2019
4
How To Treat A Transaction As Benami?
The Hon'ble High Court of Allahabad in the case of Prakash Narain vs. CIT/CWT(1 [1981] 6 Taxman 159 (All)] has held that for determining a particular transaction as benami, following criteria should be fulfilled:-
India
19 Jul 2019
5
Test For Deciding, Whether A Transation Is Benami Or Not?
The Hon'ble Supreme Court of India in the case of Bhim Singh vs. Kaan Singh AIR 1980 (SC), laid down the following principles for deciding whether a transaction is benami or not:-
India
19 Jul 2019
6
Relevance Of Intention In Benami Transaction
The Hon'ble High Court of Madras in the case of First ITO vs. MR Dhanalakshmi Ammal 1978 ITR 413 held that the true test to determine whether the transaction is benami or not is to look into the intention of the parties ...
India
19 Jul 2019
7
Sessions Trial: Discharge Of The Accuses & Framing Of Charges
When pursuant to a commitment of the case under Section 209 of the Code of Criminal Procedure, 1973 (Cr.P.C.) the accused is brought before the Court of Session the prosecutor has to open his case by describing the ...
India
19 Jul 2019
8
Admissibility & Evidentiary Value of Electronic Records
This need to change has been very well recognized by the courts as well as the legislature in India.
India
12 Jul 2019
9
Evidentiary Value Of Bank Records
Section 34 of the Indian Evidence Act 1872 elucidates that books of accounts, including Bank records, which are maintained in the daily course of business in electronic form or otherwise are relevant ...
India
9 Jul 2019
10
Process Of Attachment Of Benami Property And Its Adjudication Under Benami Transactions (Prohibition) Amendment Act, 2016
Process Of Attachment Of Benami Property And Its Adjudication Under Benami Transactions (Prohibition) Amendment Act, 2016
India
13 Jun 2019
11
Quantum Of Punitive Damages In IPR Disputes
Indian Jurisprudence pertaining to the Quantum of damages in cases of IPR disputes has been uncertain for a very long time.
India
7 Jun 2019
12
Registration Of FIR: A Right Of The Complaint And Obligation Of Police In Case Of A Cognizable Offence
A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant.
India
4 Jun 2019
13
Seizure Of Property Under PMLA & Applicability Of CR.P.C.
Further in this particular case the Delhi High court dealt with two important questions as well.
India
3 Jun 2019
14
Resolution Of IPR Disputes Using Arbitration, Feasible Or Not?
The question as to whether IPR disputes are arbitrable or not, has been around for quite some time now.
India
31 May 2019
15
Can A Person Be Charged In A Criminal Case Before Filing Of The Charge Sheet
At this stage, the accused is summoned by the Court of the Magistrate to face the trial.
India
21 May 2019
16
Mens Rea, Limitation & Prosecution Under Income Tax Act
The expression 'willfully admits' employed in the above provision is an inclusive one, despite which, it does not, in any way, change the common and fundamental meaning of it.
India
21 May 2019
17
What Is A "Charge Sheet" And Its Importance In The Entire Procedure Of Trial?
A charge sheet is a final report prepared by the investigation or law enforcement agencies for proving the accusation of a crime in a criminal court of law.
India
20 May 2019
18
Procedures And Steps Involved For Issuance Of A Non-Bailable Warrants
In case of a cognizable offence [as defined under Sec. 2(c) of the Code of Criminal Procedure, 1973 (Cr.P.C.), "cognizable offence" means an offence for which, and "cognizable case" means a case in which, ...
India
20 May 2019
19
Can A Person Be Charged Before Filing Of The Charge Sheet?
Chapter XVI of the Cr. P.C. deals with the commencement of proceedings before the Magistrate.
India
20 May 2019
20
Police Remand After Filing Of Charge Sheet – Yes Or No
In the above case, on completion of investigation, the CBI submitted charge sheet against 21 accused, including the arrested ones and the absconders.
India
20 May 2019
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