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Trial by Media and the Judicial Dictums

With the rise of newspapers like Economic Times, Times of India, etc, along with internet excess almost everywhere and radio channels, media with such tremendous outreach helps people from every corner of the country to be aware of all the events happening around the world and is also regularly updating people of public matters. • The richer section of India like politicians, industrialists or celebrities often get rid of court trials by offering bribes to the police who would then refuse to even file a FIR against them. Media being a watchdog and gatekeeper of such misuse of power and money, exposes the dark and true side of such stories. • Media has helped over the years in creating awareness of the rights that are provided to the people. Even the courts have addressed this that more Indians are aware of their constitutional rights than ever before. • Since media plays a vital role in shaping the mindset of people, it does so by bringing the criminal to the hook. The fear of being publicly exposed and shamed has made everyone aware of the consequences of their actions and this in turns help to curb the number of crimes committed

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Laws and Legal Procedure for Reporting Posting & Sharing of Derogatory & Illicit Contents on Social Media; Lawyers Advice

In recent past, across India there has been an upsurge in online hate speeches, offensive comments and illicit contents on Social Media. Now, after careful observing the scenario it may be concluded that the centre of these hate speeches is Religion. Other than Religion, Political Ideologies which again has “Religious” touch to them are responsible for hateful speeches. Previously, people were able to hold back such opinions but now frustration and anger have forced them to bring out the poison. Now, practically it is not possible to persuade each and every individual to refrain from making such comments or posts. But, we may crackdown on such incidents with the help of law.

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Laws Countering and Punishing Cyberstalking in India: Lawyers Advice

Now in cases where the Police refuses to register the complaint, the women can file a complaint with the National Commission of Women. This department take up the case to the Police in order to initiate investigation procedure. In cases of grave offence, a proper inquiry committee is to be set up which shall probe in to the case and furthermore gather proper piece of evidence, interrogate the witness and finally summon the accused. However, it may be noted that law under Section 354 D of the Indian Penal Code is woman-centric in nature. But, in today’s world a man is also a victim of cyber stalking. In such a case, we have another set law under section 67 of the Information Technology Act. This law clearly states that anybody who publishes or sends any improper or salacious material through electronic media will be punished with an imprisonment up to five years or a fine up to Rupees one Lakh for the first conviction.

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Laws and Legal Procedure for Reporting Posting & Sharing of Derogatory & Illicit Contents on Social Media; Lawyers Advice

Indian Penal Code, 1860: a. Section 295A of the Indian Penal Code, states that hurting religious sentiments of an individual or group of people deliberately by making offensive remarks against Religion or its beliefs has been made a cognizable and non-bailable offence. a. Section 153A of the Indian Penal Code says that promoting enmity between various group of people on the basis of religion, residence of birth, race, language, caste etc and performing acts in violation of maintaining peace and brotherhood is a punishable offence. Furthermore, it is a cognizable and non-bailable offence. b. Section 505(2) of the Indian Penal Code has clearly stated that publication or circulation of any false content, statement or fake news which may cause public mischief or animosity among various classes or community is regarded a non-bailable and cognizable criminal offence. c. Section 499 of the Indian Penal Code states that anyone who deliberately makes any comment in writing, sign or any representation with an intention to damage the reputation of the other person shall be liable of Defamation. It may be noted that Defamation under the given section constitute a non-bailable and cognizable offense.

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Legal Advice for Indian Importers on Drafting Strong & Legally Enforceable Contracts with Chinese Manufacturers & Suppliers before Imports in 2025 Part-2

Force Majeure: China’s New Reality At the beginning of 2025, there was a sharp 43% rise in Chinese suppliers trying to use force majeure as an excuse to avoid fulfilling contracts. Many pointed to reasons like “internal government changes” or “power cuts” to delay or cancel shipments. Over the years, I’ve learned the importance of writing force majeure clauses that don’t just sound good—they hold up when it matters. Just last month, a Chinese supplier claimed their factory was shut down by the government for review. It is clearly written in our contract that the exporter must provide an official certificate from the Housing and Urban Rural Development by the Chinese government, and if he fails to do so, action will be taken. This way, huge losses can be avoided. Vague and loose language in an international contract does not work when the situation gets worse.

A force majeure clause makes sure it includes the following:

What qualifies as natural disasters, war, or pandemics

What don’t like price hikes or a lack of workers

Proof required—official documents to back the claim

Deadline for notice– usually within 48 hours of the event

Mitigation steps that the supplier must take to minimise the impact In a recent Supreme Court case (India Cement Ltd. v. Huaxin Trading Co., 2024), the supplier’s force majeure claim was rejected because they didn’t send proper documents or notify the buyer on time. Our clause required exactly that, and it protected our client.

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Defective Machinery Imports from China? Expert Legal Strategies for Indian Importers to Sue Chinese Manufacturers & Suppliers to Recover Advance Payments-2

Relief may be sought on the following lines: –

Freezing of the assets of the foreign firm in India

Prevent funds remittance to China

Securing the attachment of goods in transit In a fairly recent case, Tata Motors Ltd. v. BYD Auto Co. Ltd. (2025) 6 SCC 341, the Hon’ble Supreme Court upheld an interim order to freeze the Chinese company’s Indian subsidiary bank accounts worth Rs. 12 Crores during the pendency of the main suit. Case Study: When a Chinese manufacturer claimed bankruptcy after receiving Rs. 3.2 Crores from my Gujarat-based client, we discovered that they were still operating through a different entity in Maharashtra. The Bombay High Court granted an immediate attachment order against this entity’s assets, which prompted a settlement within three weeks.

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Indian Companies & Importers Suing Chinese Manufacturers and Suppliers in Indian Courts (2025 Guide)-2 | Common Dispute Trends of Indian Importers with Chinese Suppliers | FAQs | Recent Developments in IP Protection | Recent Cases & Ongoing Legal Challenges

Five Most Frequently Asked Questions

How long does the legal process typically take? Although the fact that Commercial Courts are legally mandated to dispose of the suits within 12 months under the Commercial Courts Act, 2015, in practice, the usual time taken for disposal is 18-24 months. However, the interim relief can be secured within 1-2 weeks in urgent cases.

Can I recover legal costs from the Chinese supplier? Yes. Recently, the Hon’ble Delhi High Court in Apex Pharma vs. Wuhan Medico CS(OS) 542/2024 awarded the Indian plaintiff a sum of Rs. 12 Lacs as legal costs.

What if the supplier has no assets in India? In this scenario, either of the two approaches can be used – a. Filing an FIR u/420 of the Indian Penal Code for Cheating, which can eventually lead to Interpol notices. b. Filing parallel civil proceedings in Singapore or Hong Kong, where enforcement against Chinese assets is more feasible.

Is arbitration better than court litigation? If the supplier has Indian connections, then Indian Court Litigation is an advisable option. However, in cases where time is of the essence, SIAC (Singapore) arbitration is advantageous, especially when the dispute amount exceeds Rs. 10 Crores. In Amazon.com NV Investment Holdings LLC vs. Future Retail Ltd. (2021) SCC OnLine SC 557, the Hon’ble Supreme Court upheld the enforceability of emergency arbitrator awards under Section 17(2) of the Arbitration Act.

Can I sue a Chinese company with no registered office in India? Yes. The Hon’ble Supreme Court in India Cement Ltd. vs. Huaxin Trading Co. (Civil Appeal No. 3421/2024) laid down that foreign companies without Indian offices can be sued through their Indian agents or by serving notices at their foreign addresses through diplomatic channels

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Indian Companies & Importers Suing Chinese Manufacturers and Suppliers in Indian Courts (2025 Guide)-1 | Step-by-Step Process for Indian Importers for Contract Breach and Advance Payment Recovery from Chinese Manufacturers & Suppliers

With a long experience of 15 years as a practising advocate, especially dealing in cross-border disputes, a perturbing issue I have observed is about advance payment being made to Chinese manufacturers and receiving defective goods in return. In many cases, the Indian dealers receive nothing in return for the advance payment made to the Chinese Manufacturers. Last month, a textile importer from Ahmedabad approached me after losing Rs. 1.7 crore in advance payments. “We vetted samples, signed contracts, and transferred funds, then they simply stopped responding,” he explained. This is a very common plight of Indian businesses dealing with Chinese Manufacturers; however, are there certain proven legal strategies to effectively deal with this issue and recover the advance payment money?

Step 1: Establishing Jurisdiction in Indian Courts It has been time and again laid down by the courts that if the payment had originated in India or the contract was performed in India, Indian courts will have the jurisdiction to adjudicate the cross-border disputes. In one of the landmark cases, Rajesh Exports vs. Guangdong Metals Ltd. (Delhi High Court, 2024) FAO(OS) 142/2024, Hon’ble Justice Pratibha Singh laid down that when the payment originates from an Indian bank and in exchange the goods are delivered to Indian ports, Indian Courts shall have full jurisdiction under section 20(c) of the Civil Procedure Code. Therefore, it is crucial to include a clause in the contract that specifically designates Indian courts as the forum for dispute resolution. If this clause is absent, the burden of proof lies upon the Indian Companies to establish that the cause of action has arisen in India.

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Ten most important factors considered by the Court before the Grant of Anticipatory Bail in India | Criminal Law Attorney in India

The following are the ten most important factors which are duly considered by the Court before the grant of Anticipatory Bail i.e.

The nature and gravity of the offence committed by the Applicant who seeks Anticipatory Bail.

The previous record of the Applicant who seeks Anticipatory Bail i.e. whether or not he/she is a law abiding citizen, previous involvement in different crimes, previous detainment and convict by any Cout etc.

The name of the Applicant is mentioned in the First Information Report (FIR) or not.

There is any direct and/or indirect relationship between the Applicant and the Complainant either in the past or present.

The Interim Police Report which is filed by the Police which shall show further light into the offence committed and the assessment of the evidences and/or witnesses, if any.

The statement made by the Investigating Officer (IO) of the case which shall include the reasons for contesting the Anticipatory Bail application and its rejection.

The statement of the Public Prosecutor or the Government Lawyer.

The degree to which the Applicant who seeks Anticipatory Bail can influence the witnesses and /or alter and damage the evidences.

The possibility of the Applicant who seeks Anticipatory Bail of escaping justice and evading Police investigation and criminal trial.

The entire serious of facts and circumstances in which the App

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Anticipatory Bail under the Prevention of Money Laundering (PMLA) Act of 2002 | Criminal Law Attorney for Money Laundering case in Delhi NCR

According to Section 438 of the Code of Criminal Procedure, 1973 the High Court or the Sessions Court may include directions or conditions while deciding the Anticipatory Bail Application filed by the Applicant, depending upon the facts of the case as the Court may think fit including that : – ● the person shall make himself available for interrogation by a police officer as and when required; ● the person shall not, directly or indirectly induce, make a threat or promise to any person connected with the facts of the case to prevent him from disclosing such facts to the Court or any police officer; ● the person shall not leave India without the prior permission of the Court;

The above-mentioned conditions are primary in nature whereas there are other several conditions which shall be duly taken into consideration before applying for the grant of Bail, by the Court.

Under the Prevention of Money Laundering (PMLA) Act of 2002 if a person is indulged in the offence of Money Laundering i.e. the transformation of financial gain of various crimes into legitimate assets and other financial assets, he/she can be presumed guilty of offences under PMLA and if held guilty, be punished accordingly.

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Arrest under the Prevention of Money Laundering (PMLA) Act of 2002 | Criminal Law Attorney for Money Laundering case in Delhi NCR | Criminal Lawyer for Money Laundering case in Delhi NCR

The term ‘Money Laundering‘ refers to the transformation of financial gain of various crimes into legitimate assets and other financial assets. The Prevention of Money Laundering Act (PMLA) was enacted in the year 2002 to prevent Money Laundering and related unlawful activities and, to seize the proceeds of crime so that the crime rate can be restricted.

The sole ground of arrest under the Prevention of Money Laundering (PMLA) Act of 2002 is the involvement in the activity of Money Laundering by converting the incomes from Non-Scheduled Offences (offences not mentioned in the Act) and Scheduled Offences; some of the acts scheduled in PMLA are:-

The Indian Penal Code 1860

The Narcotics, Drugs and Psychotropic Substances Act, 1985

The Arms Act, 1959

The Prevention of Corruption Act, 1988

The Securities and Exchange Board of India Act, 1992

The Companies Act, 2013

The Bonded Labour System (Abolition) Act, 1976

The procedure of arrest must comply with Section 19 of the Prevention of Money Laundering (PMLA) Act of 2002, which requires that : – ● Before the arrest, there must be a “reason to believe” based on “the material in possession” that the accused is “guilty” of Money Laundering and that “reason to believe” must be “recorded in writing”. ● The “ground of arrest” must be informed to the accused “as soon as may be”. ● The copy of the “order of arrest” along with the “material in possession” must be forwarded to the concerned authority in a sealed envelope.

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Bail under the Prevention of Money Laundering (PMLA) Act of 2002 | Criminal Law Attorney for Money Laundering case in Delhi NCR | Criminal Lawyer for Money Laundering case in Delhi NCR

The basis of Bail lies on the principle that there is an assumption of innocence of a person until he is found guilty. In most of the cases where bail is granted, a sum of money or property has to be deposited to the Court as a guarantee that the accused will appear in Court, whenever required.

The Section 45 of the Prevention of Money Laundering (PMLA) Act of 2002 provides that the accused cannot be granted bail for any offence under the Act unless ‘the public prosecutor’, appointed by the Government, gets a chance to oppose his bail. If he does so, the court has to be convinced that the accused was not guilty of the crime and additionally, that they were not likely to commit any offence while out on bail.

To simplify, Section 45 imposes twin conditions, which are:-

The public prosecutor must get a chance to oppose the accused’s bail application, and

The Court must be convinced that the accused is innocent and he/she is not likely to commit any offence while on bail.

In Nikesh Tarachand Shah v. Union of India Writ Petition (Criminal) No. 67 of 2017 the Hon’ble Supreme Court held the above-mentioned conditions unconstitutional and observed that these conditions violate article 14 and 21 of the Constitution of India as the conditions applied only to offences, punishable by imprisonment of three or more years. Thus, Section 45 of PMLA has been amended in 2019, which proposes uniform applicability of bail conditions to different offences and empowers the investigating agency to arrest without warrant if the twin conditions are fulfilled.

Furthermore, In Gautam Kundu vs Manoj Kumar Assistant Director Criminal Appeal No. 1706 of 2015, the Hon’ble Apex Court held that Section 45 of the PMLA will have an overriding effect on the general provisions of the Code of Criminal Procedure in case of conflict between them.

In Neeru Yadav v. State of Uttar Pradesh and another (2014) 16 SCC 508; Supreme Court has provided four points which are to be kept in mind while granting Bail, (a) While granting bail, the Court has to keep in mind the nature of the accusations as well as the severity of the punishment. (b) Reasonable apprehensions of the witnesses being tampered with or the apprehension of a threat for the complainant, should also be considered by the court in the matter of grant of bail. (c) While it is not expected to have the entire evidence establishing the guilt of the accused beyond reasonable doubt but there ought always to be a prima facie satisfaction of the court in support of the charge. (d) Frivolity in prosecution should always be considered and it is only the element of genuineness that shall have to be considered in the matter of grant of bail, and in the event of there being some doubt as to the genuineness of the prosecution, in the normal course of events, the accused is entitled to an order of bail.

The Orissa High Court in Indu Dewan vs. Republic of India (C.B.I.) 2016 (II) OLR 834 held that consideration of bail in economic offences should not be in the same footing as of other offences and in the present case, Petitioner actively involved in economic offences. The petitioner in economic offences of serious consequences deserves no sympathy for the larger interest of public and society. Authored By: Adv. Anant Sharma & Chhatresh Kumar Sahu

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Arrest under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 | Criminal Lawyer for NDPS case in Delhi NCR | Criminal Lawyer for NDPS case in Gurugram

If a person contravenes the provisions mentioned in the Narcotic Drugs and Psychotropic Substances NDPS Act, then he/she can be arrested under the following grounds:

● Cultivation of opium, cannabis or coca plants without a license ● Embezzlement of opium by a licensed farmer ● Production, manufacture, possession, sale, purchase, transport, import inter-state, export inter-state or use of narcotic drugs and psychotropic substances ● Import, export or transhipment of narcotic drugs and psychotropic substances ● External dealings in NDPS-i.e. engaging in or controlling trade whereby drugs are obtained from outside India and supplied to a person outside India ● Knowingly allowing one’s premises to be used for committing an offence ● Violations pertaining to controlled substances (precursors) ● Financing traffic and harbouring offenders ● Attempts, abetment and criminal conspiracy ● Preparation to commit an offence ● Repeat offence ● Consumption of drugs

The person who is arrested should be informed, as soon as may be, the grounds of his arrest [Section 52 (1)]. In a recent judgement, Yusuji Hinagata v. State Criminal Appeal No. 36 of 2016 the Hon’ble Bombay High Court, quashed the order of conviction of a Japanese national under NDPS Act since the contents of charge were not explained in a language understood by him and held the order of conviction invalid.

If the arrest or seizure is based on a warrant issued by a Magistrate, the person or the seized article should be forwarded to that magistrate [Section 52(2)].

The officer who arrests a person has to make a full report to his official superior within 48 hours [section

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Burden of Proof under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 | Criminal Lawyer for NDPS case in Delhi NCR | Criminal Lawyer for NDPS case in Gurugram

There are two types of evidences which are considered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 during search and seizure, they are Direct and Indirect Evidence.

Direct Evidence are those which directly prove the offence committed by the accused and has a direct incriminating value i.e. Forensic Evidence like Fingerprints, Toxicological Evidence for proving one’s intoxication of the controlled substance.

Indirect Evidence, also called are a little difficult to prove in a Court of law and may be not direct in nature and to give an example, the circumstantial evidence could be termed as a part of indirect evidence.

The Hon’ble Supreme Court in Vijay Pandey vs The State Of Uttar Pradesh Criminal Appeal No. 1143 of 2019, it was stated by the Prosecution that the appellant was in possession of a plastic flour packet which led to the recovery of 10 kgs. of opium and there was no independent witness from the locality and all the witnesses were police officials only. The prosecution failed to prove that the sample produced in Court was the same as seized from the appellant. Prosecution’s case was based on indirect evidence since the absence of witness and the failure to prove that the sample collected was the same as seized are circumstantial evidences and the accused was acquitted by the Court.

In the NDPS Act, the burden of proof lies on the accused to prove that one was not in the conscious possession of the controlled substances i.e. Opium, Cocaine etc. The accused can raise doubts about the evidence produced by the prosecution to weaken the case. The accused may also produce other evidence when he/she is called upon to enter on his/her defense. If the circumstances appearing in the case presented by prosecution assures the Court that the accused could not have had the knowledge of the required intention, the burden upon him under Section 35 of the NDPS Act would stand discharged even if the accused had not produced any other evidence of his own when he is called upon to enter on his defense.

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Bail under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 | Criminal Lawyer for NDPS case in Delhi NCR | Criminal Lawyer for NDPS case in Gurugram

Bail refers to the temporary release of a person from legal custody on deposit of security and undertaking that he/she shall appear at the time and place designated and submit himself to the jurisdiction and judgement of the Court. It is originated from an old French word ‘bailer’ which means ‘to give’ or ‘to deliver’.

However, the basis of bail lies in the principle that there is a presumption of innocence of a person until he is found guilty. In most of the cases where bail is granted a sum of money or property has to be deposited to the Court as a guarantee that the accused will make an appearance back in Court whenever he/she is required.

As per Section 37 of the Act all the offences under the NDPS Act are cognizable and police can arrest without a warrant for these offences but according to the last entry in Part-II to the Schedule to the Code of Criminal Procedure, 1973 offences under sections 8A,26,27,32,46,47,58, and 59(1) and offences relating to small quantity are non-cognizable.

Under Section 37 of the NDPS Act, it is mentioned that when a person is accused of an offence punishable under Section 19, 24, 27A and for offences involving commercial quantity, the accused shall not be released on bail unless,

The Public Prosecutor has been allowed to oppose the application for such release

In case a Public Prosecutor opposes the application, the court must be satisfied that there are reasonable grounds for believing that the person is not guilty of the alleged offence and that he is not likely to commit any offence while on bail.

The Hon’ble Supreme Court in State of Kerala etc. vs. Rajesh etc., 2020 SCC 81 taking a liberal approach held that, while granting Bail under NDPS Act, the expression “reasonable grounds” in Section 37 means, ‘something more than prima facie grounds’ and the Court should consider necessary steps which are likely to be taken during the course of action of the accused, to believe that he/she is innocent.

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Laws on Arrest & Anticipatory Bail in India | Criminal Law Attorney in India | Criminal Law Attorney in Delhi NCR | Criminal Lawyer in Delhi NCR

The Code of Criminal Procedure 1973 (Cr. P.C.) does not define the words “Anticipatory Bail”. The kind of relief that an anticipatory bail gives to an individual who expects that he may get arrested for a non-bailable offense then that individual may apply to either High Court or the Session’s Court to get a relief for an award of anticipatory bail under section 438 of the Code of Criminal Procedure 1973 (Cr. P.C.). The essential contrast between a request for anticipatory bail and ordinary bail-is that anticipatory bail is conceded before arrest and thusly it gets employable from the exact instant when arrest has occurred, anyway the typical bail can be allowed simply after arrest.

Bail means a short-lived release of an accused person awaiting trial. Law Commission of India in its Report recommended incorporating a provision for Anticipatory Bail as the same was well needed for the protection of a person from arrest.

Although there is no provision in Section 438 for issuing notice to the Public Prosecutor and hearing by the Court as held by the Supreme Court in Gurbaksh Singh Sibbia v. State of Punjab AIR 1980 SC 1632 has held that “notice should be issued to the Public Prosecutor or the Government Advocate before passing final order granting anticipatory bail.

Furthermore, the registration of a First Information Report (FIR) is not a condition precedent to the exercise of the relief under Section 438 i.e. anticipatory bail may be granted even after an F.I.R. is filed, so long as the applicant has not been arrested. In Re Digendra Sarkar & Ors, the Hon’ble Supreme Court has held that “the filing of an FIR is not a condition precedent to the application for anticipatory bail and in such case, the person having reason to believe that he could also be arrested on an accusation of non-bailable offense may appear before the High Court or the Court of Session, not for the aim of being taken into custody of the Court except for getting an order for his release just in case he’s arrested.

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Top 20 Legal Tips for Digital Marketing Agencies in India before they execute Agreements & Contracts

Digital marketing agencies in India assume an urgent part in assisting organizations with flourishing in the digital landscape. Be that as it may, progress in the realm of digital promoting isn’t just about making eye-getting efforts and content. Prior to executing arrangements and agreements, it’s fundamental for digital marketing agencies to think about different legitimate perspectives. In this article, we’ll examine the best 20 legal tips that each digital marketing organization in India ought to consider.