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Transfer from Foreign Jails to Indian Jails

Transfer of Convicted Indians from Foreign Jails to Indian Jails

With the increasing movement of Indian nationals across international borders, situations have arisen where Indian citizens are tried, convicted, and sentenced by foreign courts. International law recognizes mechanisms through which states may cooperate in the execution of criminal sentences while respecting each other’s sovereignty. One such mechanism is the Agreement on Transfer of Sentenced Persons, commonly referred to as a “Prisoner Transfer Agreement”.A Prisoner Transfer Agreement is a bil

Validity of Foreign Decrees / Divorce Decrees under Indian Law

Validity of Foreign Decrees / Divorce Decrees under Indian Law

Indian law addresses this issue through Section 13 and 14 of the Code of Civil Procedure, 1908 which explain when a foreign decree can be recognized and given effect in India.Section 14 CPC provides that when a foreign judgement is produced before an Indian court, the court shall presume that such judgement has been passed by a court of competent jurisdiction.This provision creates the legal presumption in favour of foreign judgements. The presumption operates unless and until the contrary is pr

SENIOR CITIZENS RIGHT FOR EVICTION Versus. DAUGHTER IN LAWS RIGHT AGAINST EVICTION; SENIOR CITIZENS RIGHT WILL PREVAIL

SENIOR CITIZENS RIGHT FOR EVICTION Versus. DAUGHTER IN LAWS RIGHT AGAINST EVICTION; SENIOR CITIZENS RIGHT WILL PREVAIL

Senior citizens are a valuable part of society. As they grow old, it becomes essential to ensure that they live with dignity, security, and respect. A senior citizen is generally an older adult who has attained a certain age, in India an individual is considered to be a senior citizen if he has attained the age of 60 years or above.Senior citizens have special rights to ensure that they live with dignity, safety, and care in their old age. These rights are protected by laws, social programs, and

Legal Options for NRIs Facing Criminal Charges in India While Living Abroad

Legal Options for NRIs Facing Criminal Charges in India While Living Abroad

IntroductionFor many NRIs living abroad, discovering that a criminal case has been registered against them in India often comes as a shock. These cases are frequently initiated by estranged family members, ex-spouses, or business associates and can include false allegations under serious laws such as Section 498A IPC (dowry harassment), property disputes, cheating accusations, which may lead to even the issuance of Non-Bailable Warrants (NBWs).If you think you must return to India immediately or

Power of Attorney executed by NRIs, needs no Embossing in India if executed as per Hague Apostille Convention

Power of Attorney executed by NRIs, needs no Embossing in India if executed as per Hague Apostille Convention

Under the Hague Apostille Convention, a simple certification, known as an “Apostille”, is issued by a competent authority in the country where the NRI is residing by their concerned Department and it will be valid in India for all intents and purposes and no further attestation / verification would be required in India. The said convention replaces the traditional process of multiple attestation steps with a single Apostille Certification.

IF ARRESTED PERSON IS NOT INFORMED ABOUT THE GROUNDS OF ARREST THEN ARREST GETS VITIATED AND HE IS ENTITLED TO GET BAIL: SUPREME COURT

IF ARRESTED PERSON IS NOT INFORMED ABOUT THE GROUNDS OF ARREST THEN ARREST GETS VITIATED AND HE IS ENTITLED TO GET BAIL: SUPREME COURT

“Innocent until proven Guilty” – Indian Criminal Jurisprudence is based on this statement ensuring that no wrong is done to a person who is innocent. Despite the fact that an individual is accused of committing an offence, such person still has Human Rights / Fundamental Rights guaranteed under the Indian Constitution which cannot be violated. These Rights include Right to remain Silent which is guaranteed under Article 20(3) of the Indian Constitution, Right to be informed about the Grounds of

PRE-MATURE RELEASE POLICY OF PRISONERS IN PUNJAB AND HARYANA

PRE-MATURE RELEASE POLICY OF PRISONERS IN PUNJAB AND HARYANA

The concept of pre-mature release of the convicted person is based on reformation, rehabilitation and reintegration of the prisoner back into the society on the basis of their behavior in prison. Release of such person varies from case-to-case which also takes into account the safety of the victim, society and the convicted person. Pre-mature release procedure contains evaluation of the impact of improvement programs on the convict prisoners and allows them to recommence their normal life in the