Anonymous
04 December 2011 at 22:59
my wife committed suicide after 3 months of marriage..she was under treatment of depression last 1 month..after 3 days of her death my in laws made an FIR under 302 and 498A of IPC. i got the AB from High court.. charge sheet is submitted after 2 year and under 306 and 498a.. plz tell me the waitage
of the case . how can i prepare to face the trial
sushila modi
04 December 2011 at 22:00
Dear experts,
thanks for your valuable reply helps a lot to understand things going.
J.C.Mishra
04 December 2011 at 20:22
A complain case has ben filed by a person against me and my brother under section 341/323/420/506/34 IPC before the magistrate by producing two false witnesses who gave statements before court that they have seem us hitting that person and also gave statements regarding a forgery which was never committed and there is no documental proof to it. The magistrate took cognizance and isued summons to us. In the mean time we applied for bail and surrendered in trial court and are on bail now. The date on which the incident took place, we were not there in that place because I am a physically challenged person and that day was my official holiday and my brother who is a central government employee was on duty at that time. He has also taken out a copy of his attendance certificate given by his head.
I want to file a case on them under section 193/211/182 IPC. Can I do it through a complain case.If yes advise how to do?
Anonymous
04 December 2011 at 20:02
whether investagating agency can bring accused out of the jurisdication of the court which granted pc for the purpose ofonly interrogation of accused by cbiofficial not for recovery. if yes than under what provision of crpc?
J.C.Mishra
04 December 2011 at 17:19
Due to some conflict one of our co villager lodged a case under section 341/323/294/506/34 IPC against my brother and nephews. On the FIR book it has been mentioned that FIR was done after 8 days of the date of occurrence of incident which has not happened at all. my brother was also arrested in the false case and finally all of them have been charge sheeted by the police in the case by showing my nephews as absconding on the basis of fabricated 161 statements manufactured by police because the complainant is an influential person in the locality. NO summons have been received from the court till date.
What can be done in order to save them from the false case in which they have been charge sheeted?
Anonymous
04 December 2011 at 15:08
X initiated cheque bounce case on Y the company and Z the Director?
The trial court acquitted Y the company and convicted Z the Director.
Now the case is in the appellate court, the defence of Z is Company acquitted, Director can not be convicted.
Citation : Company acquitted, Director can not be convicted.
Anil Hada v. Indian Acrylic Limited [2000] 23 SCL 240, 2000 AIR SC 145.
No doubt a finding that the offence was committed by the company is sine qua non for convicting those other persons.
Learned experts please give your views on the above defence. If you could provide additional case laws which throw more light on the issue, I will be very happy.
Anonymous
04 December 2011 at 15:02
X initiated cheque bounce case on Y for Rs.100,000/-.
That case was dismissed.
Once again X initiated a cheque bounce case on Y for Rs.125,000/-. He claims that Y had issued a second cheque along with interest on Rs.100,000/- which was the subject matter of the previous case, which in turn was dismissed.
He is not having any other document except that of the cheque.
The defense is that:-
1. The there is no legally enforceable debt, just because the case for principal amount is dismissed, so the case for principal + interest is not legally enforceable.
2. The second case is not maintainable on the following grounds:-
a. Article 20(2) states: “no person shall be prosecuted and punished for the same offence more than once.”
b. Section 300(1) of Cr.P.C. states that no one can be tried and convicted for the same offence or even for a different offence but on the same facts.
Learned experts please give your views on the above defence. If you could provide case laws I will be very happy.
Anonymous
04 December 2011 at 13:47
a is deposite a chek in bank, the check is bounse endorsment is NO SUCH ACCOUNT now the a is entitiled to recover the amount of cheque by N I act 138, or any other remedy for that.
Anonymous
04 December 2011 at 12:31
As adviced by my lawyer, I am about to file 200Cr.P.C in magistrate court for 498A, 406. And file 484 in HC (station complaint was closed, FIr is not filed. Only CSR. Even that is closed.). But the matter is same in both the cases i.e., Dowry,
mental, physical harrasment. 1. Is it ok to file 484 after filing 200cr.p.c? Since the matter is same, i feel its repeatable. Is it ok?
2.in 200 Cr.P.C the respondent is termed as "Accused" instead of "respondent" in the petition which we filed. Is ti aceptable or do we need to chang t to "Respondnt" ?
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Great question
a person tries to rape a women who is dead and her body is lying on road.wat offence if any........