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What Legally Constitutes a "Cognizable Offence" Where Police Can Arrest Without a Warrant?

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Is it legal for the police to arrest without a warrant? It will depend on the nature of the crime and the provisions of law. A cognizable offence is one where there is no need for the police to have a warrant for arrest or investigation before taking permission from a magistrate. But it does not imply that all offenders will have to be taken into custody immediately. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been governing the criminal procedure process in India from 1 July 2024 onwards. It repealed the Code of Criminal Procedure, 1973 (CrPC). Section 35 of BNSS addresses this issue. What Is a Cognizable Offence? A cognizable offence is an offence in respect of which an arrest may be made without a warrant in terms of the statutory provisions. Cognizable offences may also be investigated by the police without the need for any prior instruction by the Magistrate. The status of an offence will depend on the relevant statute. Whether an offence is cognizable or non...
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The Legal Importance of Vetting Third-Party IT and Cloud Service Contracts for Data Security

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If an organisation transfers its systems, applications, and data to any external IT/cloud service provider, then the problem of security is not solved merely by ensuring that the vendor selected is technically proficient. The contract will dictate what can be accessed, what can be done with that information, what security obligations will apply, how fast an incident will need to be reported, and how matters are handled upon separation of the contractual relationship.   This means that for organisations in India, the process of contractual review becomes an essential element of the data security governance regime. In relation to Indian companies, the relevant obligations will derive from various sources such as the Information Technology Act, 2000, CERT-In directions, Digital Personal Data Protection Act, 2023 (DPDP Act) and other specific regulations. In this context, cloud service contract data security legal compliance in India requires businesses to look beyond technical sec...
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Location: India
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What Happens Legally If a Corporate Cheque Issued by a Private Limited Company Bounces?

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The cheque of a private limited company is a commercial liability and not just a liability to pay an amount. In case of dishonour of a cheque of a private limited company, there can be implications both legal as well as otherwise, depending upon the circumstances. It is extremely important for the owner of any business, supplier or service provider to act at the earliest after a bounced cheque, as there is a lot that can depend upon it. Which Law Applies When a Company Cheque Bounces? Cheque dishonour cases in India are primarily governed by the Negotiable Instruments Act, 1881. However, when a private limited company issues the cheque, the legal analysis becomes more detailed because the company acts through its directors, authorised signatories, and responsible officers. Under Section 138 of the Act, proceedings may arise when: ●        The cheque was issued towards a legally enforceable debt or liability. ●      ...
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Location: Esplanade Mansion, Marx Engels Beethi Rd, Chowringhee North, Bow Barracks, Kolkata, West Bengal 700069, India
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How to Track the 30-Day Time Limit for Sending a Cheque Bounce Legal Notice

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A cheque dishonour rarely becomes a legal dispute on the day the bank returns it. More often, it begins with a phone call.   "I'll transfer the money next week."   "The payment is stuck because of year-end closing."   "Please don't send any legal notice. Give me ten more days."   These conversations are common after a cheque bounces. What is less common is someone quietly calculating the statutory deadline while those discussions continue. By the time both parties realise that the promised payment is not coming, the legal timeline may already be nearing its end.   Ironically, many cheque dishonour complaints do not become difficult because liability is disputed. They become difficult because the payee miscalculates a date that seemed too straightforward to get wrong.   Understanding that timeline requires looking beyond the calendar and appreciating what the law actually treats as the starting point.   The Law Does Not A...
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Location: Esplanade Mansion, Marx Engels Beethi Rd, Chowringhee North, Bow Barracks, Kolkata, West Bengal 700069, India
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