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Discussion > Criminal Law > Cheques > Contents of notice in legal notice..   Unanswered Threads Post New Topic

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There are 17 Replies to this message


Kolkatta_user


engineer
[ Scorecard : 98]
PRO CHAT CALL
Posted On 11 October 2011 at 15:24

I came to know that there are many instances where court had accepted some modifications (especailly when there is ambiguity) between legal notice and the actual case statement at the time of filing and hear it and honor it, when there are enough proofs based on the case to case...


ADVOCATE DEFENSE


DEFENSE IS POWER OF NEGATIVE POWER OF DARKNESS.IT IS IMMENSE & PERPETUAL- firmaction@gmail.com
[ Scorecard : 14951]
PRO CHAT CALL
Posted On 11 October 2011 at 15:55

It is not correct, there will always be other side and his advocate. It is not allowed.


Kolkatta_user


engineer
[ Scorecard : 98]
PRO CHAT CALL
Posted On 11 October 2011 at 16:14

In general, I understand, but what if accused/defence-advocate also makes mistakes in the reply such as

"At no point of time in my life, my client was in need of money and had taken money from anyone". Petitioner had proofs to say that accused has take money earlier.

 


ADVOCATE DEFENSE


DEFENSE IS POWER OF NEGATIVE POWER OF DARKNESS.IT IS IMMENSE & PERPETUAL- firmaction@gmail.com
[ Scorecard : 14951]
PRO CHAT CALL
Posted On 11 October 2011 at 18:10

it does not happen in real court cross or trial.


Kolkatta_user


engineer
[ Scorecard : 98]
PRO CHAT CALL
Posted On 12 October 2011 at 11:37

That was the situation in a real time case.

Accused deneid that he has taken earlier money  by the follwoing stament in the reply to notice 

"that I was never in any financial need (other than current year amount to which he as agreed)",

 

but based on proofs, petitioner's advocate can plead that it was not correct as some money was given earlier.  


ADVOCATE DEFENSE


DEFENSE IS POWER OF NEGATIVE POWER OF DARKNESS.IT IS IMMENSE & PERPETUAL- firmaction@gmail.com
[ Scorecard : 14951]
PRO CHAT CALL
Posted On 12 October 2011 at 12:56

It is not material , you have to prove your case.


Kolkatta_user


engineer
[ Scorecard : 98]
PRO CHAT CALL
Posted On 12 October 2011 at 13:29

JSDN Sir,

In case if the accused does such a mistake in his reply, is it possible to show the old proofs and convince the court ?

i.e Court will consider the contents in the reply also in the same way it treats the contents in notice?

If the accused says that he had not taken any money earlier, nor such sitatuation arised for him, but petitioner had proofs, petitioner can show them to the court to its satisfaction? 

Thanks in advnace,


Kolkatta_user


engineer
[ Scorecard : 98]
PRO CHAT CALL
Posted On 14 October 2011 at 13:54

Any one, any input on this? Highly apprecaited.. Thanks,





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