mahesh verma
07 March 2009 at 19:59
i filed on case of negotableinstrucment
for recovery of amount due to dishonour of chque. the trial court issued summon to the accused and fixed a date for his statement. on the hearing date i could not attned the court as well as my lawyer could not attend the court. the trial court dismissd the case under section 256 of cr.p.c. I filed a case before session court for revision of the case but the session court also dismissed the case under section401 , 256 (1), 378 (30 ( 5 )
401 (5)
please advise me now, what step could i take to prosecute the accused under negotiable instrument act 1881
Ratnakar Sapkal
07 March 2009 at 19:27
Would a suit filed after a laspe of 12 years from the date of exeuction of agreement of sale be barred by limitation.
sandeep chavan
07 March 2009 at 18:47
in whose favour cheque should be drawn for the payment Excise Duty & Service Tax.
N.K.Assumi
07 March 2009 at 17:14
Does the doctrine of Resjudicata applies in Criminsl case?
Ratnakar Sapkal
07 March 2009 at 14:29
Where property has been purchased by the father in the name of his minor son, recoery of tax due from the father can be effected by attachment of the property standing in minor's name.
Manish Singh
07 March 2009 at 13:22
Dear Members, please throw some light on it.
Can there exist more than one housing society in a same resident area/locality?
If a society is in existence for, say 50 flats, thn can members do away with the first memberhip and form another society.
the matter is under the Societies Registration Act.
WHATSAPP 91-8075113965
07 March 2009 at 12:08
dear sirs,
i would like to know some facts about examination of witnesses in the open court,with special emphasise on cross-examination .that is :
1.what actually is a "CONTRADICTION " AND what actually is an " OMISSION " in the deposition of a witness.?
2.if a witness deposes against / deviates from/ omits from his previous statement,how i should mark such portion ?3.should i put a question that "YOU HAVE NOT GIVEN SUCH A STATEMENT EARLIER TO POLICE U/S 161 CRPC ?
4. THEN , SHOULD I ASK THE SAME QUESTION TO THE INVESTIGATION OFFICER THAT WITNESS HAS NOT GIVEN SUCH A STATEMENT TO YOU DURING INVESTIGATION ?
5.AN INCIDENT WAS WITNESSED BY A SOLE INDIPENDANT WITNESS. COMPLAINANT AND OTHER WINESSES ADMITS THAT " HE " HAS SEEN THE INCIDENT.BUT, HE WAS NOT MADE AS A WITNESS IN THE PROSECUTION CASE.NOW, DURING TRIAL,I WANT TO ASK "WHY HE WAS NOT MADE AS A WITNESS".TO WHOOM ,I CAN PUT THIS QUESTION ? TO THE INVESTIGATION OFFICER OR TO THE CHARGE SUBMITTING OFFICER ? ie, WHO IS THE PERSON HAVING THE POWER TO ADD/ ARRAY/DELETE WITNESSES.....INVESTIGATION OFFICER OR CHARGE SUBMITTING OFFICER ?
PLEASE EXPLAIN IN DETAILS .
ALSO, SUGGEST ME, SOME RULINGS OF HIGH COURT AND APEX COURT.
WHICH PORTION OF EVIDENCE ACT SAYS ABOUT ALL THESE FACTS ?
6. MY LAST QUESTION IS THAT WHETHER A JUDGE/ MAGISTRATE CAN REFUSE TO NOTE DOWN THE QUESTION BY A COUNSEL AND ANSWER BY A WITNESS, ON THE GROUND THAT IT IS IRRELEVANT TO THE CASE ON HAND OR THE MAG /JUDGE HAS TO WRITE ALL QUESTION AND ANSWERS, AS MANDATORY ?
THANKS SIRS SALILKUMAR
ADVOCATE
THALASSERY-670101
09447536929
WHATSAPP 91-8075113965
07 March 2009 at 12:08
dear sirs,
i would like to know some facts about examination of witnesses in the open court,with special emphasise on cross-examination .that is :
1.what actually is a "CONTRADICTION " AND what actually is an " OMISSION " in the deposition of a witness.?
2.if a witness deposes against / deviates from/ omits from his previous statement,how i should mark such portion ?3.should i put a question that "YOU HAVE NOT GIVEN SUCH A STATEMENT EARLIER TO POLICE U/S 161 CRPC ?
4. THEN , SHOULD I ASK THE SAME QUESTION TO THE INVESTIGATION OFFICER THAT WITNESS HAS NOT GIVEN SUCH A STATEMENT TO YOU DURING INVESTIGATION ?
5.AN INCIDENT WAS WITNESSED BY A SOLE INDIPENDANT WITNESS. COMPLAINANT AND OTHER WINESSES ADMITS THAT " HE " HAS SEEN THE INCIDENT.BUT, HE WAS NOT MADE AS A WITNESS IN THE PROSECUTION CASE.NOW, DURING TRIAL,I WANT TO ASK "WHY HE WAS NOT MADE AS A WITNESS".TO WHOOM ,I CAN PUT THIS QUESTION ? TO THE INVESTIGATION OFFICER OR TO THE CHARGE SUBMITTING OFFICER ? ie, WHO IS THE PERSON HAVING THE POWER TO ADD/ ARRAY/DELETE WITNESSES.....INVESTIGATION OFFICER OR CHARGE SUBMITTING OFFICER ?
PLEASE EXPLAIN IN DETAILS .
ALSO, SUGGEST ME, SOME RULINGS OF HIGH COURT AND APEX COURT.
WHICH PORTION OF EVIDENCE ACT SAYS ABOUT ALL THESE FACTS ?
6. MY LAST QUESTION IS THAT WHETHER A JUDGE/ MAGISTRATE CAN REFUSE TO NOTE DOWN THE QUESTION BY A COUNSEL AND ANSWER BY A WITNESS, ON THE GROUND THAT IT IS IRRELEVANT TO THE CASE ON HAND OR THE MAG /JUDGE HAS TO WRITE ALL QUESTION AND ANSWERS, AS MANDATORY ?
THANKS SIRS SALILKUMAR
ADVOCATE
THALASSERY-670101
09447536929
WHATSAPP 91-8075113965
07 March 2009 at 12:07
dear sirs,
i would like to know some facts about examination of witnesses in the open court,with special emphasise on cross-examination .that is :
1.what actually is a "CONTRADICTION " AND what actually is an " OMISSION " in the deposition of a witness.?
2.if a witness deposes against / deviates from/ omits from his previous statement,how i should mark such portion ?3.should i put a question that "YOU HAVE NOT GIVEN SUCH A STATEMENT EARLIER TO POLICE U/S 161 CRPC ?
4. THEN , SHOULD I ASK THE SAME QUESTION TO THE INVESTIGATION OFFICER THAT WITNESS HAS NOT GIVEN SUCH A STATEMENT TO YOU DURING INVESTIGATION ?
5.AN INCIDENT WAS WITNESSED BY A SOLE INDIPENDANT WITNESS. COMPLAINANT AND OTHER WINESSES ADMITS THAT " HE " HAS SEEN THE INCIDENT.BUT, HE WAS NOT MADE AS A WITNESS IN THE PROSECUTION CASE.NOW, DURING TRIAL,I WANT TO ASK "WHY HE WAS NOT MADE AS A WITNESS".TO WHOOM ,I CAN PUT THIS QUESTION ? TO THE INVESTIGATION OFFICER OR TO THE CHARGE SUBMITTING OFFICER ? ie, WHO IS THE PERSON HAVING THE POWER TO ADD/ ARRAY/DELETE WITNESSES.....INVESTIGATION OFFICER OR CHARGE SUBMITTING OFFICER ?
PLEASE EXPLAIN IN DETAILS .
ALSO, SUGGEST ME, SOME RULINGS OF HIGH COURT AND APEX COURT.
WHICH PORTION OF EVIDENCE ACT SAYS ABOUT ALL THESE FACTS ?
6. MY LAST QUESTION IS THAT WHETHER A JUDGE/ MAGISTRATE CAN REFUSE TO NOTE DOWN THE QUESTION BY A COUNSEL AND ANSWER BY A WITNESS, ON THE GROUND THAT IT IS IRRELEVANT TO THE CASE ON HAND OR THE MAG /JUDGE HAS TO WRITE ALL QUESTION AND ANSWERS, AS MANDATORY ?
THANKS SIRS SALILKUMAR
ADVOCATE
THALASSERY-670101
09447536929
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revision dismissed by session court - please anwer
i filed one case of negotableinstrucment
for recovery of amount due to dishonour of chque. the trial court issued summon to the accused and fixed a date for his statement. on the hearing date i could not attned the court as well as my lawyer could not attend the court. the trial court dismissd the case under section 256 of cr.p.c. I filed a case before session court for revision of the case but the session court also dismissed the case under section401 , 256 (1), 378 (3)( 5 )
401 (5)
please advise me now, what step could i take to prosecute the accused under negotiable instrument act 1881