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Bhumesh

Cyber security a business risk

Bhumesh Verma  |  19 Jan 2018
Cyber security a business risk

These days, we keep hearing or reading about some or the other cyber-attack - hackers keep using ransomware on the data of various government agencies and big corporates all over the world. As a result, no individual, government or company…

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LEXSTREET ADVISORS LLP

INSOLVENCY MATTER -LATEST CIRCULAR OF IBBI

INSOLVENCY MATTER -LATEST  CIRCULAR OF IBBI

Insolvency & Bankruptcy Board of India, vide its circular no. IP/004/2018 dated 16.01.2018, clarified that Insolvency Professional shall render services for a fee which is reasonable reflection of his work, raise bills & invoices in his own name towards such…

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Bhumesh

Due Diligence - a primer for beginners

Bhumesh Verma  |  18 Jan 2018
Due Diligence - a primer for beginners

Due diligence is the heart and soul of any corporate merger & acquisition (M&A) transaction and very decisive step that is often flouted by the companies due to its perception of being an arduous task.What is a due diligence?In a…

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NISHANT

Function of the Judge under S.227 CrPC explained.

NISHANT MEHROTRA  |  17 Jan 2018
Function of the Judge under S.227 CrPC explained.

SC :: Function of the Judge under S.227 CrPC explained.Held, he cannot act merely as  a post offoce or mouthpiece of the prosecution - He has to sift and weigh the evidence for the limited purpose of finding out whether…

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NISHANT

Further Investigation can be ordered despite acceptance of police report that no case is made out.

NISHANT MEHROTRA  |  17 Jan 2018
Further Investigation can be ordered despite acceptance of police report that no case is made out.

Madras High Court :: Further Investigation can be ordered despite acceptance of police report that no case is made out.Further investigation - Order by Magistrate - After acceptance of police report u/S.173(2) CrPC to the effect that "crime not detected"…

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NISHANT

Proceedings can't be quashed merely because Judge did not have jurisdiction.

NISHANT MEHROTRA  |  17 Jan 2018
Proceedings can't be quashed merely because Judge did not have jurisdiction.

SC :: Proceedings can't be quashed merely because Judge did not have jurisdiction.Ss.3 and 4 - Special Judge- Even if City Civil Judge was found to be not empowerd by issuing notification under S.3(1) to try a particular criminal case,…

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NISHANT

Prosecution case of giving money to person who acted as Prevention of Corruption - Conviction of the conduit under…

NISHANT MEHROTRA  |  17 Jan 2018
Prosecution case of giving money to person who acted as Prevention of Corruption - Conviction of the conduit under S.7 - Appreciation of evidence

SC :: Conviction in corruption case set aside - S.7 - Bribe - Prosecution case of giving money to person who acted as a conduit for handing over the same to the official concerned - Conviction of the conduit under…

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NISHANT

DNA test value - manner of collection of blood samples is shaky, deceased not positively identified - accused acquitted

NISHANT MEHROTRA  |  16 Jan 2018
DNA test value - manner of collection of blood samples is shaky, deceased not positively identified - accused acquitted

SC :: DNA test value - manner of collection of blood samples is shaky, deceased not positively identified - accused acquitted.DNA test report - Evidentiary value - Dead body of female found near railway tracks - Report of DNA test…

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NISHANT

IBC 2016 - Where no debt is outstanding against corporate debtor and the committee of creditors recommended closing insolvency…

NISHANT MEHROTRA  |  16 Jan 2018
IBC 2016 - Where no debt is outstanding against corporate debtor and the committee of creditors recommended closing insolvency proceeding, the resolution plan submitted by the Insolvency resolution professional is to be accepted and insolvency proceeding is to be closed

NCLT (Kolkata Bench) :: in Parker Hannifin India (P.) Ltd. vs. Prowess International (P.) Ltd. :: Insolvency and Bankruptcy Code, 2016 – Section 9 read with section 30(4) – Corporate insolvency resolution process – Initiation by operational creditor – No…

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NISHANT

"Investigation" - Meaning of - When commences?

NISHANT MEHROTRA  |  15 Jan 2018

SC :: "Investigation" - Meaning of - When commences - laying of trap to ensnare committer of an apprehended crime, if part of "investigation".An SDM, to verify allegation made by PW I that accused, who was working under the SDM,…

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