Civil dispute when given color criminal offence acts as a weapon of harassment- SC

The Supreme Court, while quashing criminal proceedings initiated against a property purchaser, made an observation that frivolous allegations tend to hamper the mechanisms introduced for delivering justice to the victims. The background facts of this case include filing of an FIR against the power of attorney of the complainant and purchaser of the property. The bench examined the FIR and observed that the criminal proceedings had been adopted as a weapon to harass the purchaser. Furthermore, it had been observed that the FIR did not disclose any criminal offence against the party and the relevant part of the charge sheet appeared to be vague. The bench also addressed the powers extended to the High Court and stated that latter ought to examine whether a particular complaint discloses criminal offence; nature of allegation; or essential ingredients of the offence have been present or not. Moreover, it reiterated that powers under Section 482 of Code of Criminal Procedure, 1973 have been designed with an objective to achieve the purpose that no criminal proceedings are initiated which aim at harassing the individuals. The apex court bench allowed the appeal and clarified that there stands no doubt that even civil transactions might have criminal texture, however, it’s the duty of High Court to see whether a dispute of civil nature has been given color of criminal offence or not. The bench quashed the criminal proceedings not just because a civil remedy is available but because neither the FIR nor the charge sheet could make out a criminal case against the appellant. The post Civil dispute when given color criminal offence acts as a weapon of harassment- SC appeared first on LexForti Legal News & Journal. Did you miss our previous article… https://www.itcse.org/?p=217 Randy Reidwww.itcse.org

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5 Tips for Making the Transition to Virtual Law Firm Status

Virtual law firm status has worked out so well for some firms, they’re making the switch permanent. Should you? Amid the coronavirus pandemic, office workers everywhere have shown that to be productive, all you need is a laptop, a reliable internet connection and a desk. This begs the question: Do people really need to be inside an office all day? While firms are announcing their back-to-the-office plans, you may be wondering if it is possible to move your law office to a virtual setting permanently. And if so, what is the best way to go about it? Virtual Firms Aren’t Always 100% Remote While the term “virtual” law firm may sound like everyone works 100% remotely, it’s not about where you are working. It’s about how you work together and how you deliver your legal services. Your location could be a hybrid of working from home or a coffee shop, and occasionally working from a rented or shared office space. The latter can be especially useful for meeting with clients when you would rather not meet online, or you could rent an office exclusively for ad hoc meetings. Note: While you could meet clients at a public location, I do not recommend that: You would not have a reasonable expectation of privacy during your discussion. Related: “How to Ethically Practice in Place” by Mark C. Palmer Benefits of a Virtual Law Firm A virtual setting can have many benefits. Lower overhead. Whether you have a smaller office space or bypass having one completely, you will not have to spend as much on renting a physical location and all the costs associated with it: utilities, furniture, parking. More flexibility. Bosses love to be bosses in part because they do not have to let anyone know if they are coming in late,

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