Anonymous
18 June 2010 at 08:22
under the section of 163-A of the motor vehicle act how do the cross examine of the witness as a doctor
pratik
17 June 2010 at 20:24
28. Act to be in addition-to any other law.
The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time beings in force, and nothing contained herein shall exempt any public servant from any proceeding, which might, apart from this Act, be instituted against him.
1)Pls Explain me the meaning of derogation of, any other law.
2) Pls Expalin me the meaning of derogation.
3) As per the sale of goods act, 1930 meaning of derogation of goods.
Thanking u all experts in advance.
pratik
17 June 2010 at 20:21
24. Statement by bribe-giver not to subject him to prosecution.
Notwithstanding anything contained in any law for the time being in force, a statement made by person in any proceeding against a public servant for an offence under Sections 7 to 11 or under Sections 13 or Section 15, that he offender agreed to offer any gratification (other than legal remuneration) or any valuable thing to the public servant, shall not subject such person to a prosecution under Section 12.
Pls advice me
So as per my understanding the person who has given the bribe to the public officer is not liable to be guiltly & while not be held to be behind the bars or prosecution (I think one & the same).
meaning of prosecution means behind the bars please correct me if i am wrong.
Thanking u all advances.
pratik
17 June 2010 at 20:16
23. Particulars in a charge in relation to an offence under Section 13. (1) (c).
Notwithstanding anything contained in the Code of Criminal Procedure, 1973, when an accused in charged with an offence under Clause (c) of sub-section (1) of Section 13, it shall be sufficient to describe in the charge the property in respect of which the offence is alleged to have been committed and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of Section 219 of the said Code.
Provided that the time included between the first and last of such dates shall not exceed one year.
Pls explain the abovemetioned section in deatils if possoble with the help of a examples.
pratik
17 June 2010 at 20:10
Prevention of Corruption Act 1988 Section 22
22. The Code of Criminal Procedure, 1973 to apply subject to certain modifications.
The provisions of the Code of Criminal Procedure 1973, shall in their application to any proceeding in relation to an offence punishable under this Act have effect as if,
(a) In sub-section (1) of Section 243, for the words "The accused shall then he called upon," the words "The accused shall then be required to give in writing at once or within such time as the court may allow, a list of the persons (if any) whom he proposes to examine as his witnesses and of the documents (if any) on which he proposes to rely and he shall then he called upon" had been substituted;
(b) In sub-section (2) of Section 309, after the third proviso, the following proviso had been inserted, namely: -
"Provided also that the proceeding shall not be adjourned or postponed merely on the ground that an application under Section 397 has been made by a party to the proceeding."
(c) After sub-section (2) of Section 317, the following sub-section had been inserted, namely: -
"(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Judge may, if he thinks fit and for reasons to be recorded by him, proceed with inquiry or trial in the absence of the accused or his pleader and record the evidence of any witness subject to the right of the accused to recall the witness for cross-examination."
(d) In sub-section (1) of Section 397, before the Explanation, the following proviso had been inserted, namely: -
"Provided that where the powers under this section are exercised by a court on an application made by a party to such proceedings, the court shall not ordinarily call for the record of the proceedings-
(a) Without giving the other party an opportunity of showing cause why the record should not be called for; or
(b) If it is satisfied that an examination of the record of the proceedings may be made from the certified copies."
Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Explain me the above mentioned in deatils if poosbile with the help of a exmaple(S)SSSSSSSSSS.
Thanking u all experts in advance.
pratik
17 June 2010 at 20:04
Prevention of corruption act, 1988.
18. Power to inspect bankers' books.
If from information received or otherwise, a police officer has reason to suspect the commission of an offence which he is empowered to investigate under Section 17 and considers that for the purpose of investigation or inquiry into such offence, it is necessary to inspect any bankers, books, then, notwithstanding anything contained in any law for the time being in force, he may inspect any bankers, books in so far as they relate to the accounts of the persons suspected to have committed that offence or of other person suspected to be holding money on behalf of such person, and take or cause or to be taken certified copies of the relevant entries therefrom, and the bank concerned shall be bound to assist the police officer in the exercise of his power under this section.
Provided that no power under this section in relation to the accounts of any person shall be exercised by a police officer below the rank of a Superintendent of Police, unless he is specially authorised in this behalf by a police officer of or above the rank of a Superintendent of Police.
Pls tell me the meaning of bankers' books as per the abovementioned act & as per Bankers' Books Evidence Act, 1891, also.
Thanking u all experts in advance.
pratik
17 June 2010 at 20:00
16. Matters to be taken into consideration for fixing Fine.
Where a sentence of fine is imposed under sub-section (2) of Section 13 of Section 14, the Court in fixing the amount of the fine shall take into consideration the amount or the value of the property, if any, which, the accused person has obtained by committing the offence or where the conviction is for an offence referred to in Clause (e) of sub-section (1) of Section 13, the pecuniary resources or property referred to in that clause for which the accused person is unable to account satisfactorily.
Pls Pls Pls Pls Explain me with the example(S)(S)(S).
Thanking u all experts in advance.
Pls it a request that do'nt tell me to read the act or books. (So Sorry to write this statement but i have to).
pratik
17 June 2010 at 19:57
13. Criminal misconduct by a public servant.
(1) A public servant is said to commit the offence of criminal misconduct, -
(a) If he habitually accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other person any gratification other than legal remuneration as a motive or reward such as is mentioned in Section 7; or
(b) If he habitually accepts or obtains or agrees to accept or attempts to obtain for himself or for any other person, any valuable thing without consideration or for a consideration which he knows to be inadequate from any person whom he knows to have been, or to be, or to be likely to he concerned in any proceeding or business transacted or about to be transacted by him or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any, person whom he knows to be interests in or related to the person so concerned.
What do u mean by the term "habitually accepts " If possible with the help of example(S).
Thanking u all experts in advamce.
pratik
17 June 2010 at 19:48
10. Punishment for abetment by public servant of offences defined in Section 8 or 9.
Whoever, being a public servant, in respect of whom either of the offences defined in Section 8 or Section 9 is committed, abets the offence, whether or not that offence is committed in consequence of that abetment, shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to fine.
Pls Explain me the word "abetment" & "abets the offence". In detail If possible with the help of a example(S).
Thanking u all experts in advance.
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stamp value
Respected experts,
pls suggest me on what basis stamp paper face value is fixing for agreements (rental agreement, sale agreement, will etc,.) specify which law is applicable.