Anonymous
08 January 2012 at 16:27
Dear Experts,
Can a revision under 397 is permitted for the charges imposed under sec 120B,420,467,468,471 and 13(1)(d) r/w 13(2) of PCA.
Initially prosecution pleaded for 120B and 13(1)(d) and later confined to 13(1)(d) during the stage of final argument. However judge has imposed all the sections as mentioned in the charge sheet ignoring the Spl.PP claim and of course the accused. At the time of argument Spl. PP mentioned only two sections and the argument of accused however was restricted to only those two sections.No defense was made to other sections/nor opportunity was given to the accused for the other sections.
- Can the judge is right enough in imposing any other sections other than those demanded by Spl.PP.
-Position of accused on this(when no opportunity was given to the other charges not demanded by Spl.PP) under 397.
Any other recourse other than 397 and
what next after 397.
Regards
Prabhakar
-
aman
08 January 2012 at 14:43
in police enquiry state that a person is not a criminal .in case (under 384).but in fir have name of person . but court give bail to person. . but district attorney give comment on enquiry that it is a henious crime, if released the person from chalan den case is affected.. then what is the procedure to remove the name in police challan. . chalan not generated in court .kindly give the right way for next process
Anonymous
08 January 2012 at 14:42
With the strong misuse of 498A in the current scenario even if the male is innocent at times. Is their any way where a person can have any kind of safe guard before the marriage to the same or will he be always punished and exhorted money even if he is innocent.
Anonymous
08 January 2012 at 14:41
in police enquiry state that a person is not a criminal .in case (under 384).but in fir have name of person . but court give bail to person. . but district attorney give comment on enquiry that it is a henious crime, if released the person from chalan den case is affected.. then what is the procedure to remove the name in police challan. . chalan not generated in court .kindly give the right way for next process
Anonymous
08 January 2012 at 14:33
At times the family members of a very old ailing patient gives in writing that their family member should not be put on ventilator due to financial or other reasons even though he is advised so by the Dr.s-
Will this in any way be a criminal act if the person dies later.
Anonymous
08 January 2012 at 13:34
Hello,
Does somebody have the judgement of Aman Kachroo in the trial court? WHat has happened in the High Court. I also need the judgement in a ragging case at University?
Advocate Umesh
08 January 2012 at 13:30
Dear Friends,
I am an advocate of accused in one matter of NI Act 138.
In cross examination I have raised objection that Advocate for complainant doesn't empowered to issue statutory notice because the notice is not countersigned by complainant and further there is no record to show that the Advocate for the complainant was possesses Vakalatnama of complainant while issued statutory notice which is prime and binding under NI Act 138?
Is my opinion correct or wrong? pl. help. if there present any authority pl. guide. thank you of all.
Anonymous
08 January 2012 at 12:05
My wife lodged false complaint with Police/CAW cell for 498A, 506,406 etc. With almighty grace, police/CAW cell gave report in my favor.
I need divorce from my wife. Haven't initiated anything against her yet.
She is employed and residing with her relatives.
The query is that i want to purchase property in my name now (I didn't have anything in my name when she lodged complaint against me).
Kindly guide that whether she can still claim her right on the property being purchased now even after her complaint in CAW cell on the account that legally she is my wife yet as neither me nor she has filed divorce against each other.
Thanks
Arvind Singh Chauhan
08 January 2012 at 11:46
Sir according Cr.P.C Sec 506 IPC was bailable and noncognizable. meantime U.P. Govt through one notification made it nonbailable and cognizable.
After some time Justice Katju through judgment of Allahabad HC declared, this notification void,and 506 got the same position as earlier in U.P (bailable and noncognizable)
Now Police submits the charge sheet Under Sec 323,504,506.
Accused says at the first date of his appearance that investigation is illegal as police can't investigate without order of court as the sections are noncognizable.
I am on behalf of reporter/state. What should I argue on this point?
Whether accused without seeking bail can raise this issue on the first date of appearance.What may be the result of case.
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Experts opinion
good evening experts,
hope you all are doing well...sir wanna know ur opinion on a case. plz give ur precious time to my query....
There is a boy who is implicated in a case under section 323, 324, 294 and 506 of IPC...Actually he is unable to attend his hearing coz he is doing job in another state and its not possible for him to attend all hearing personally, thats why he missed to attend his last 4 or 5 hearing and coz of this court has issued non bailable warrant against him...here i have two question
1] If there is any non bailable warrant has been issued then its necessary that after going behind the bar only we get bail or we can get bail simply??and how many times after issuing normal warrant may issue non bailable warrant??
2] If we give a petition of compromise then also we have to take bail or warrant will be abolished automaticaly as we give petition for compromise in court?
Please reply it asap...
Thanking you in advance!!
Have a great time!