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

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Arun Kumar Bhagat   07 November 2011 at 12:28

Attachement of property of accused

In our criminal justice dispensing system is there any law which authorises ATTACHEMENT of properties of accused persons facing trial ? Not absconding.

Anonymous   07 November 2011 at 00:40

Can some one share sc judgements on perjury?

Dear Sir,

Can some one share SC judgements on Perjury?

Thanks in Advance

sridhar pasumarthy   06 November 2011 at 23:04

Jurisdiction in cases of bigamy

Respected Experts,

Could you please tell me about the territorial jurisdiction in cases of bigamy i.e. U/S 494 of I.P.C.

Jolly James 9447287658   06 November 2011 at 22:11

Cr.p.c section 155 (2) and 156 (3)

A complaint filed alleging non- cognizable offenses and forwarded under section 156(3) of Cr.P.C. Police investigated and final report filed. Whether I can content that the police cannot investigate the matter with out sanction as per section 155 (2)of Cr.P.C

Member (Account Deleted)   06 November 2011 at 21:47

Suspension from services on account of being accused in a criminal case

1.If a govt. employee is not suspended from his duties after he had been summoned as an accused in a criminal case by a first class magistrate, then What course of action should be adopted for same?

2.Is employer responsible for such irregularity?

3.What action against employer be initiated, if he continues such employee in services, without recording reasons in writing for doing so?

"PERTINENT TO SAY THAT THE OFFENCE INVOLVES MORAL TERPITUDE UNDER SECTION 354 IPC"

Member (Account Deleted)   06 November 2011 at 20:38

Investigation by police

Can police record statements of spot witnesses regarding an information of cognizable offence and take signatures of the witnesses, without lodging FIR or registering the case?

Anonymous   06 November 2011 at 20:33

Stopped cheque

dear sir.
my friend gave me 2 cheques for repayment of loan.when deposited these were bounced with stop payment.
i issued notice under s 138.he replied that cheques were lost 2 year back and i have stolen them.he denied loan also.
i have been cheated.he gave me blank signed old stopped cheques.he also moved to fir u/s 466,467,468,420,379 through court 156(3)against me.
he also took back from me the receipt of loan at time of hand over me cheques.i filed case u/s 138.
how to stop his prosecution action.
he is having only proof of bank statement of stop cheque order 2 years back and information given to bank by him for cheque misuse.no FIR of lost cheque.no news publication.can he succeed.

Anonymous   06 November 2011 at 19:23

Sec 313 crpc

Dear Experts,
I have been charged u/s 307 IPC,on date fixed for Sec 313 CrPC my advocate was absent on personal grounds and therefore I filed application for adjournment. The Court instead conducted Sec 313 CrPC and examined me even when my advocate was absent. Also I had not received any advice from my advocate on what Sec 313 CrPC was and what response I should give.
Is the Court allowed to examine me u/s 313 in absence of my advocate? Can you please give some relevant citations of the Supreme Court?
Thank you.

Member (Account Deleted)   06 November 2011 at 18:17

Regarding the filling of the complaint

all the R/ Member of LCI
one employee was employed in the forest department and various regions were in charge of that employee i.e forest guard and the felling and cutting of the tree was continued in the charge of the employee and then he transferred from that place and charge was not handed to some other official as he refused to take the charge from this employee and after his transfer a recovery of Rs 5,00,000/- was passed against that employee in an inquiry in which he given his full details with documentary proof but the investigation officer not taken that into consideration and passed the orders for recovery and now the employee want to file a complaint case
against that officer and the department for the false fabrication of the documents and other reports against the employee and for the false recovery of Rs 5,00,000/-. the employee have also file an appeal in the department for false recover and for fabricated documents.

so now my question is whether that employee can file his private complaint in the JMIC court or the department will refer the case for the lodging of the FIR Please suggest what to do or THERE IS ANY OTHER OPTION AVAILABLE TO THE EMPLOYEE.
The employee have full record for the trees taken in charge and deposited in the department.

Arun Kumar Bhagat   06 November 2011 at 17:03

Sanction for prosecution.

For Criminal Prosecution under certain offence and against public servant, sanction is required from appropriate authority. I want to know the object behind incorporation of this word SANCTION in Cr.P.C. We may say that it is required to ensure that whether sufficient evidences are against the accused for prosecution or not. A Magistrate taking cognizance does the same i.e. appreciating and weighing evidence before taking cognizance, if both the functions are akin to each other though by different authorities, what useful purpose will be served for making sanction compulsory ?