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

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Anonymous   19 November 2011 at 10:02

Original document

Mr. A conspires with B&C to create a false document. By presenting a photocopy of this document in an injunction suit, Mr. A grabs buisiness of D. Mr. A is working partner in business with D. D files a criminal complaint u/s 406, 420, 467, 468, 471 IPC.
A manages police. Police files challan u/s 406 and 420 only ag A. D files appl u/s 190 for cogn u/s 467, 468 & 471 also. Court drops 406 but takes cogn u/s 467, 468 & 471 also and joins B & C also as accused on the basis of evidences. Revision by B rejected. Charges framed. Revision rejected. Petition u/s 482 also rejected by high court. although the process took 9 years. Evidences started. The original document is still in possession of accused. What are consequences of original document not present in court ?

Anonymous   19 November 2011 at 07:30

Section 360 crpc

Dear Experts,
Thanks for Valuable comments.
Further to my querry,

"What does the Court" as appearing in section 360 CrPC means ;

a) is it the original court awarding the sentecne i.e. trial court; or
b) Court of Sessions dismissing the Appeal.

2. Can an application be moved before the trial magistrate for release on probation of an accused (already on bail) pending his appeal before Court of Sessions, or, he has to wait his dismissal of appeal in which case he will be subjected to sentence and taken into custody immediately on pronouncement of order of dismissal, or, Can he move the application u/s 360 immediately after pronouncment of order of dismissal before the Court of Sessions.

Thanks

alleged   18 November 2011 at 23:30

Cross examination of witness

Can a witness be cross examined by the complainant at presummoning stage, if he deposes against the facts of complaint ?

if a witness turns hostile at presummoning stage, will he be burdened to prove his statement at this stage ?

Anonymous   18 November 2011 at 23:07

Section 360 crpc

Dear Experts
Please advice whether an accused convicted under section 138 of NI Act and whose appeal has also been dismissed by Court of Sessions can apply for Release on Probation u/s 360 of CrPC subject to furnishing of adequate securiy/bail bond.

alleged   18 November 2011 at 23:01

Accused as witness

Can an accused be called as a witness at pre summoning stage ?

Anonymous   18 November 2011 at 21:52

Negotiable instrument act

Kindly tell me the latest authority on complaint can be filed u/s 139 of NI act after issuing a second notice. previously complaint not filed on first notice.

Anonymous   18 November 2011 at 21:34

Phone tap

whats the procedure to know the phone tapper.

Do we have the RTI to know who is tapping the personal mobile number?

Is it lawful to tap a personal mobile phone by another person , if not under what section this can be booked

Anonymous   18 November 2011 at 16:35

Homosextual relation

share ur views about homosextual relation in India.
-Should it be allowed in our Country or not.?
-If allowed, will it make religious issue?
Delhi HC Judgement is positive towards such relations..so will it disturb to our society or not?

Anonymous   18 November 2011 at 15:07

Ipc 302

MY BROTHER UNFORTUNATELY INVOLVED IN MURDER CASE DATE: 25.10.2011, AND IN JUDICIAL CUSTODY SINCE TODAY WE HAVE TO SUBMIT BAIL APPLICATION BEFORE CHARGE SHEET?

Respected Sir, in the any procedure to apply bail application before charge sheet? we can not apply bail application, since 25th oct 2011. my brother was under judicial custody by district court from 03rd nov 2011, now what can i do sir please give some advice me.

livingston_k   18 November 2011 at 14:51

Filing

in karnataka court bail petition will be filed in open court or in section.
whether the translated copy (kanada to English) of the document can be given trough court?


K.Livingston
Advocate
Madras