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With the increasing movement of Indian nationals across international borders, situations have arisen where Indian citizens are tried, convicted, and sentenced by foreign courts. International law recognizes mechanisms through which states may cooperate in the execution of criminal sentences while respecting each other’s sovereignty. One such mechanism is the Agreement on Transfer of Sentenced Persons, commonly referred to as a " Prisoner Transfer Agreement ". A Prisoner Tran

Indian law addresses this issue through Section 13 and   14 of the Code of Civil Procedure, 1908  which explain when a foreign decree can be recognized and given effect in India. Section 14 CPC  provides that when a foreign judgement is produced before an Indian court, the court shall presume that such judgement has been passed by a court of competent jurisdiction. This provision creates the legal presumption in favour of foreign judgements. The presumption operates unless an

Senior citizens are a valuable part of society.  As they grow old, it becomes essential to ensure that they live with dignity, security,...

For parties living in the States of Punjab, Haryana and Chandigarh, people can benefit from Pre-Litigation Mediation is available in the Mediation Center of High Court of Punjab and Haryana at Chandigarh where application for the same can be filed and process can be initiated. Even Indians living abroad (NRI) can benefit from this.

Introduction For many NRIs living abroad, discovering that a criminal case has been registered against them in India often comes as a...

WITHOUT COMING BACK TO INDIA NRIs CAN GET QUASHING OF FIR and ORDER DECLARING PROCLAIMED OFFENDER (PO) WHICH WAS PASSED IN THEIR ABSENCE

Under the Hague Apostille Convention, a simple certification, known as an “Apostille”, is issued by a competent authority in the country where the NRI is residing by their concerned Department and it will be valid in India for all intents and purposes and no further attestation / verification would be required in India. The said convention replaces the traditional process of multiple attestation steps with a single Apostille Certification.

CITIZENS ARE BEING FORCED TO FILE LITIGATION BY INDIAN PASSPORT AUTHORITIES DESPITE THERE BEING A PROVISION FOR COMPOUNDING OF MINOR OFFENCES LIKE SUPPRESSION OF MARITAL STATUS BY PAYING COMPOUNDING FEE

“ Innocent until proven Guilty” – Indian Criminal Jurisprudence is based on this statement ensuring that no wrong is done to a person who...

The concept of pre-mature release of the convicted person is based on reformation, rehabilitation and reintegration of the prisoner back...

India was one of those 48 countries which voted in favour of the United Nations Declaration for Human Rights (UDHR), which was adopted by...

Maintenance and Welfare of Parents and Senior Citizens Act, 2007: In the year 2007, Maintenance and Welfare of Parents and Senior...

A lean compromise is better than a fat lawsuit – George Herbert Considering the latest pattern in the judgments of honorable Supreme...

The word ‘Probation’ is derived from the Latin word “Porbo” which means “I prove my merit”. As a result, Probation involves the process...

In a recent judgment, the Supreme Court of India categorically held that any gift or transfer of property by parents to their children is...

FALSE IMPLICATION: It has been seen a lot of times that these days that if there is a dispute between husband and wife due to...

pendency of criminal case is not a hindrance to travel abroad as it is a fundamental right but permission needs to be taken from court.

Drugs PIL i.e. C.W.P. No. 20359 of 2013 was initially initiated on 16.9.2013 on a letter addressed by Mr. Shashi Kant Ex. DGP Jails...

The majority of individuals who are facing trial might not be aware of the fact that the attendance of an accused during trial can be...