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Anonymous   16 May 2011 at 19:29

Submissions made by prosecution during bail hearing

Advocates,

During the anticipatory bail hearing prosecution / Govt Advocate submitted that there is no case registered however on completion of preliminary enquiry by police on the complaint there is a possibility of regisatereing a case for cognizable offences.

Even after submitting that there is a possibility of registering a case police did not register a case on this complaint after the preliminary enquiry but registered a case based on another complaint petition.

Even after submitting to the court that there is a possibilty of registereing case police did not registered a case based on the complaint on which bail was granted. Is there any illegality or infirmity in not registerig a case based on first complaint but registered based on second complaint.

Please clarify. Thanks in avance.




M. ASLAM FAROOQUI   16 May 2011 at 18:58

writ petition

Hi,
greetings
can anybody provide me a format of writ petition for obtaining Direction for C.I.D. enquiry from the High Court.

G.Padmanabhan   16 May 2011 at 15:46

Proceedings u/s.138 of NI Act


A client of mine has received summons from ernakulam Judicial Magistrate's court on a charge against him u/s 138 of NI act. Is it necessary for the accused to apply for bail and furnish sureties. if yes, should bail application be moved at the first hearing itself?. In tamil nadu, for 138 NI act cases, such bail applications are not necessary. But in some states, they follow the bail procedure. Would any of our experts, familiar with the procedure in criminal courts in Kerala state, would advise?

Anonymous   16 May 2011 at 14:30

Criminal Law


As per the amendment in Section 202 of CR.P.C. Following insertion is made" and shall when accused is residing at a place beyond the are in which magistrate exercises his jurisdiction". Now as per this amendment Whether it is incumbent upon magistrate to compulsorily postpone the issue process or if a material before him is like such in a case when offence committed can be seen prima facie and accused is beyond the jurisdiction. Whether Magistrate can pass an order of issue process when he has satisfied primarily when accused is beyond the jurisdiction instead of sending it for investigation or the word shall denotes that he must send it for investigation. What is scope of words in the section "Sufficient Grounds"? Are there any case laws after the amendment of 2005 which says magistrate can pass an order of issue process directly instead of postponement of issue process, when magistrate is satisfied prima facie. Please send me the Object of said amendment of 2005 also.

Anonymous   16 May 2011 at 14:23

Dowry Prohibition Act

Cany any member explain me the Section 4 of Dowry Prohibition Act,

What are the ingredients shall be proved by the prosecution

OR

What defence have to be taken


if any citation pls quote........

thanks

chaten

Anonymous   16 May 2011 at 14:14

No Certi. issued u/s. 101 of Mah.co-op.soc.Act agnst surety

Please copying here a citation regarding above subject or send it to my email id urgently.
Sangali Urban Co-op. Bank Ltd. Vs Nandkumar Prashuram Prabhudesai
1994- CTJ-653. or any other citation applicable to above subject.
at our place CTJ is not available. so please copying the above citation urgenly. because on 22-12-2009 the final date is fixed. please

Anantha Sowrya   16 May 2011 at 11:51

Accused have right get exhibits

Dear Seniors,

Does the accused have the right to receive POLICE Diary and exhibits of the evidence collected from the complainant without RTI.

or

What does the accused have right to get from the station except Case Diary.

Anonymous   16 May 2011 at 11:45

section 406

My client is charged under section 406. The complaint against him is that he was sitting in examination hall during university anual examination. Supervisor (from university) called him in his room (out of examination hall) during the exam for some clarification. When he came back in examination hall (after meeting with supervisor) he run away with answer sheet. Exam timing was 9 AM to 12 PM. At 2PM he returned the answer sheet to supervisor. i want to know, is it the crime/offence of 406 or is there any authority/law that can help my client to discharge from section 406.

prsmitra   16 May 2011 at 09:23

411 IPC

articles recovered with the help of VRO by the police no independent panch taken by the police and also not to ask any people to as as mediator in busy locality
i required suitable decisions.
whether confessional statement given to the police on promise is admissible

Kumar Krishan Agarwal Advocate   16 May 2011 at 00:00

For Bond what we need?

Dear Sir,

Q1. If the judge said to give bail to accused on Rs 30000/- with two sureties each then will the sureties belong to that city where the court situated or under court jurisdiction or the person of another city or outside city or court territorial jurisdiction will also give surety of the accused for his release.?

Q2. What are the things that the Judge require for accepting surety of a person for the accused release?

Like :- property papers , ID Card , voter ID card ?