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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Anonymous   03 February 2012 at 19:07

420

i filed cheating case, it is in starting stage only. sir if i want to withdraw that case, now at this stage is it possible. the main reason is i have threating problem. i cant bear that threat. if i withdraw that case, what are the problems i may face with court and from other side party.

Anonymous   03 February 2012 at 19:00

Bigamy marriage

sir to fix a person in bigamy case, what are the essential conditions. Whether Court will see essential cermonies in first marriage or in second marriage. i saw some of the points in one news paper that in bigamy court will see Homam and Saptapadi. In which marriage, court will see those two cermonies. if a person marries second time (when first marriage is in subsisting)in a registar office, then there will be no homam and saptapadi, then how that person will be punished under 494 section.

SANJAY JOSHI   03 February 2012 at 18:07

Statement of witness recorded u/s 164 crpc

Dear Sir/s

A witness' statement has been recorded u/s 164 CRPC by the Magistrate. However, in section 164 (5), there is a clause that Magistrate has powers to administer oath to the witness. But it is not written that the witness shall be given oath by the magistrate. In this case,
Question- Does this mean that the Magistrate has to mandatorily administer oath to the accused before recording his statement u/s 164?
Question - Is the magistrate required to mention at the foot of the statement (like while recording confession u/s 164) to mention that oath had been administered to the witness before recording the statement. and also that is it mandatory for magistrate to write that the statement given by the witness appeared to be given VOLUNTARILY? Thank you so much.

SANJAY JOSHI   03 February 2012 at 18:00

Validity of approver's confession u/s 164 crpc when approver is dead.

Dear Sir,

One accused turned an Approver in a criminal case, and his confessional statement was recorded by a Magistrate u/s 164 CRPC. The charge sheet was later filed in the court. The case is likely to come for trial in a month. The Approver is DEAD now. In this case, Question - What is the validity of the dead approver's confession? Will the whole confession be not admissible? or a part of it can be admitted?
Q- Plz suggest a case law in this regard.
Thanks.

Anonymous   03 February 2012 at 15:36

Interim bail

sir i just want to know that how safe is for the person to get a interim bail in sec 498a&34 ipc.and how easy or difficult to get a bail. i given u the actual case in that refference.the case is like that"case still in women cell women party complaint that his husband is sexuly not fit his father in law ask dowry and mother in law beat her and not allowed to eat."
IN THAT SITUATION ALL THREE OF THEM GO FOR INTERIM OR HUSBAND ONLY.AND HOW DIFFICULT OR EASY FOR THEM TO GET INTERIM BAIL.LASTLY IS THAT REALLY REQUIRE FOR THEM TO GET INTERIM BAIL

NBA   03 February 2012 at 10:43

Rights of eyewitness

Accident happened in city A. Court based in city A summons eyewitness twice. Both the times eyewitness go to the court and testifies.

Based on the judgement of the court, relative of died person files case against Insurance company for the claim settlement in the court based in city B. Eyewitness receives the summons from the court based in City B.

Please clarify following doubts:
1. Is it mandatory for eyewitness to go to city B and testify?
2. Can he claim to and fro expense incurred if he goes to city B. From whom? and How much?
3. What about accommodation expense at city B?
4. Eyewitness is a daily wage earner. Since he has to go to city B, he can't work on those days. Will he get compensation for the same?

Himadri Shekhar Bhattacharjee   02 February 2012 at 22:12

Fir us 409

Sir,
An FIR under section 409 was registered against my friend, more than one year back. Since, due to financial constraints, he cannot afford engaging a lawyer and apply for anticipatory bail etc. please help by suggesting remedies to get out of this. He has all the documents in support of his innocence.He was allowed an extension to submit his reply to 'remarks call' made by his bank and he duly sent his replies within the stipulated period. But, the bank, without waiting for the reply registered FIR one month before the due date given to him in writing.
Thanks.

ajay mallik   02 February 2012 at 19:42

Bail of accused under gambling

what is the procedure to get the bail for accused for gambling

Anonymous   02 February 2012 at 16:17

Rights of eyewitness

Accident happened in city A. Court based in city A summons eyewitness twice. Both the times eyewitness go to the court and testifies.

Based on the judgement of the court, relative of died person files case against Insurance company for the claim settlement in the court based in city B. Eyewitness receives the summons from the court based in City B.

Please clarify following doubts:
1. Is it mandatory for eyewitness to go to city B and testify?
2. Can he claim to and fro expense incurred if he goes to city B. From whom? and How much?
3. What about accommodation expense at city B?
4. Eyewitness is a daily wage earner. Since he has to go to city B, he can't work on those days. Will he get compensation for the same?

satyam khanna   02 February 2012 at 14:56

Ipc case study

IPC 395 was booked on one share holder A by another share holder B of the same company related to the company owned car.
A has been running that car as he is the share holder of the company for over 15 years, he also has the car service receipts which he has been getting done for years and other documents related to the car. (Hence it looks like a false case) But when the car was bought the company was a firm at that time with A & B being partners and B's name was written in the registration paper as the under taking person.
QUESTIONS:
1) Is this case even maintainable?
2) if so, then why?
3) Is B the true owner of the car or the Firm which is now a company?
4) What does under taking imply legally?
5) Under what act & Section it is written that who is the owner of the assest (car) in such a situation?