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

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Anonymous   10 August 2011 at 16:53

Territorial jurisdiction in criminal cases

Dear Experts,

I have a case in which the criminal offence was committed in Nepal but the FIR is filed in Gangtok, Sikkim, India. Taking cognizance of the FIR the accused has been arrested and is in Judicial custody in Gangtok. The charge sheet has also been filed in the Sessions Court at Gangtok.

Can you'll please give me some Supreme Court citations on territorial jurisdiction of the sessions court in criminal matters?

Can the police station at Gangtok register the FIR?

Is the detention of the accused illegal?

Can I file for quashing of FIR in Gangtok High Court? (some citations would help greatly)

Thanking you in anticipation.

Anonymous   10 August 2011 at 15:58

Digital evidence: video & device

I have a video, recorded by digital camera and stored originaly on memory card (micro sd card). If I present it as digital evidence-

1. Is it neccessary to present the video alongwith recording device (camera)?

2. Is it must to present/show the recording device (camera) at any later stage?

3. Is recording device (camera) neccessary to prove authenticity of the video.

4. Actualy, recording device (camera) is not available due to replaced with other model. In this condition only memory card itself, on which video is stored originaly, sufficient or not?

Anonymous   10 August 2011 at 11:45

U/s 138

can we sue u/s 138 on personal basis if i advance loan to one of my freind & the time of return it he bounce the cheque then can we file 138 on him. or we should have finnacial insitution for filing 138.
pls help me ASAP

MSC Shekar   10 August 2011 at 11:28

Summoning records from a govt. dept in a appeal u/s 340 crpc

I have filed a 340 CrPC application in a Civil Suit following Fraud and Perjury committed by Registration Department in a Partition Suit in a Senior Civil Judge Court. The said Registration has become ExParte in the 340 CrPC application.

This 340 CrPC application was dismissed by the said court for want of prima facie evidence as I have only theoritically proved my point.

Further the Basic Document on which the suit was based is invalid and not negotiable as it Does not have any Link Documents mentioned in it. The Registration Department has not contested the allegation of mine. Even after bringing to the notice of the Hon'ble court. The 340 CrPC application was dismissed.

Now I am preferring Appeal U/s 341 CrPC in a Additional Chief Judge Court.

The problem is that to provide a prima facie evidence to my appeal I need to summon a particular Record from the Registration Department.

Hence my question here is that : Can we Summon Records from Registration Department as evidence in a Appeal U/s 341 CrPC in the Additional Chief Judge Court ?

Thanks in advance.

Anonymous   10 August 2011 at 10:42

Copy of complaint

A private complaint filed by wife in court against husband ie 498a and dowry harrasment.

Is police legal bound to share the copy of complaint with accuse so he can prepare his respnose.
if yes under which code if no what are teh option available to husband.

Anonymous   10 August 2011 at 10:39

How to prove cruelty

how can i prove cruelty which happen at husband house. I dont have audio or video records of events.

Anonymous   10 August 2011 at 09:53

2nd revision application

2ND REVISION APPLICATION CAN BE MOVE BEFORE SESSION COURT .
ARE THERE ANY JUDGMENT WHICH STATES THAT SUCH APPLICATION CAN BE ALLOWED.
PLEASE GIVE ME YOUR OPINION & REFERENCE ON IT.
THANK YOU

Anonymous   10 August 2011 at 00:46

Maintenance

1) Can contempt petition be filed in Maintenance case

2)Citations for the same

Anonymous   10 August 2011 at 00:42

125 maintenance

breif facts-summon not recieved for 1st time in 125 Manintennace case

1)how many times can summon be sent back.
2)can judge make ex-parte order on 125 case when summon not received
3)what is the procedure that needs to be followed .

Anonymous   09 August 2011 at 22:37

2nd application u/s. 311 cr.c.p

2ND APPLICATION U/s. 311 Cr.P.C CAN BE MOVE BEFORE TRIAL COURT.
ARE THERE ANY JUDGMENT WHICH STATES THAT SUCH APPLICATION CAN BE ALLOWED.
PLEASE GIVE ME YOUR OPINION & REFERENCE ON IT.
THANK YOU