The applicant, Akhilanand Rao, filed a bail application to be released pending trial in a criminal case in the District of Deoria. He is accused under Sections 419, 420, 120B IPC 66D of making objectionable remarks against the Chief Minister and falsely claiming statuses. The court considered the applicant's criminal history and Article 21 rights. While not expressing opinion on the merits, the court granted bail with conditions, including furnishing a personal bond and sureties, cooperating with trial, not engaging in crimes or intimidating witnesses, and not using social media for two years or until trial conclusion. Breach of conditions could lead to bail cancellation.
कश्मीर के पत्रकार सज्जाद डार के खिलाफ हिरासत आदेश को हिरासत के अस्पष्ट आधार, अनुच्छेद 22 (5) के उल्लंघन और अनुच्छेद 21 के तहत स्वतंत्रता में कटौती की व्यक्तिपरक संतुष्टि की कमी के आधार पर रद्द कर दिया गया; डार ने 22 महीने हिरासत में बिताए हैं
न्यायालय को सुल्तान के आचरण पर संदेह करने का कोई कारण नहीं मिला और साथ ही उसके न्याय से भागने की कोई संभावना नहीं थी, फिर भी जमानत की शर्तों के रूप में सुल्तान की संचार विधियों और गतिविधियों पर कड़े प्रतिबंध लगाए गए।
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DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
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These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
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You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
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All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
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WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
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Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
1. Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36733 of 2020
Applicant :- Akhilanand Rao
Opposite Party :- State of U.P.
Counsel for Applicant :- Vimal Kumar Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned AGA
for the State.
The instant bail application has been filed on behalf of the
applicant, Akhilanand Rao, with a prayer to release him
on bail in Case Crime No. 500 of 2020, under Sections
419, 420, 120B IPC 66D of I.T Act, Police Station Kotwali,
District- Deoria during pendency of trial.
There is allegation that applicant has made objectionable
remarks against the Chief Minister of the State and other
public representatives. The first information report has
been lodged by the police. It is also alleged that he has
falsely shown his status and tried to obtain undue
advantages.
Learned counsel for the applicant has submitted that it is
a case of false implication by the police. Applicant is in
jail since 12.05.2020 and has criminal history of 11 cases
explained in para 11 of the affidavit filed in support of the
bail application.
Learned AGA has opposed the prayer for bail of the
applicant.
Having considered the material on record, larger mandate
of the Article 21 of the Constitution of India and the dictum
of Apex Court in the case of Dataram Singh Vs. State of
U.P. and another, reported in (2018) 3 SCC 22 and
without expressing any opinion on the merits of the case,
let the applicant involved in the aforesaid crime be
released on bail on his furnishing a personal bond and
two sureties each in the like amount to the satisfaction of
the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution
evidence by intimidating/ pressurizing the witnesses,
during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely
2. without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity
or commission of any crime after being released on bail.
4. In case the applicant has been enlarged on short term
bail as per the order of committee constituted under the
orders of Hon'ble Supreme Court his bail shall be
effective after the period of short term bail comes to an
end.
5. The applicant shall be enlarged on bail on execution of
personal bond without sureties till normal functioning of
the courts is restored. The accused will furnish sureties to
the satisfaction of the court below within a month after
normal functioning of the courts are restored. In case
court below is functioning normally, this condition will not
apply and applicant shall be enlarged on bail on execution
of bail bond and two sureties to the satisfaction of the
court below.
6. The party shall file computer generated copy of such
order downloaded from the official website of High Court
Allahabad.
7. The concerned Court/Authority/Official shall verify the
authenticity of such computerized copy of the order from
the official website of High Court Allahabad and shall
make a declaration of such verification in writing.
8. Applicant will not use social media for a period of two
years or till the conclusion of trial before the Trial Court,
whichever is earlier.
In case of breach of any of the above conditions, it shall
be a ground for cancellation of bail.
Order Date :- 2.11.2020
SS