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

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Anonymous   14 May 2011 at 23:20

benefit to remaining accused of acquittal of one another co-accused

Seven persons were charge sheeted for murder one of them was major and six others were juvenile,case of Major accused has already been decided and he has acquitted by sessions court,whereas case of remaining six juvenile is pending before juvenile board,both case are related to one murder case and set of witnesses/ complainant is same,there is some contradictions in evidence of before sessions court and juvenile board,i have listen that court is bound to give benefit of acquittal in given case as one major has already acquitted by sessions court and case of all seven accused is on similar footing.Kindly advice with citation if available,thanks

Anonymous   14 May 2011 at 23:07

Appeal /Revision against sentence of Probation is maintainable or not

R/Members
I had filed a crl case us 325 ipc etc in which accused were held guilty and were released on probation,i want to file a appeal for enhancement of sentence,is it permissible,kindly advice,Thanx

Anonymous   14 May 2011 at 23:04

Appeal /Revision against sentence of Probation is maintainable or not

R/Members
I had filed a crl case us 325 ipc etc in which accused were held guilty and were released on probation,i want to file a appeal for enhancement of sentence,is it permissible,kindly advice,Thanx

Ram Sowrya   14 May 2011 at 21:35

Tansfer of Crminal Case

Dear Members

Can we file a petition to transfer my 498a case to CBI?

If Yes, Which Court

Answer Please

Anonymous   14 May 2011 at 15:41

Very IMP IMPPPP.

http://www.bombaybar.com/bar_association/court_associations.php

An advocate on the rolls of the Bar Council of Maharashtra & Goa can practice anywhere in the country, without additional enrolment, and in the Supreme Court of India.

1) Question: So what about supreme court rules which say that for practising in SC we have to first pass the exam conducted by the SC & then he/she will be called as a AOR & then only he/she can appear before the SC. So which will prevail. Tell me

2) Chagresheet, other legal documents & FIR copy should be maintained by the Police officer for how many years. When a advocate ask the SHO or competent police officer for the old chargesheet , FIR or any legal documents at least 5 years or 8 years back then SHO or the comeptent person liable to give the documents if yes than what is the time limit.
3) The judgment passed by the judge & undersigned by him should be maintain by the court for how many years.

Mention the section or any case which say the above mentioned .

Thanks.

Anonymous   14 May 2011 at 12:35

ON HOW TO PREVENT ACCUSED FROM GETTING ANTICIPATORY BAIL

FIR has been registered against the accused for charges of Cheating ( section 420 of IPC).

Accused has now applied for anticipatory bail. Despite case being registered for the offense almost 40 days ago, no investigations could take place so far, as though police has been calling accused to the Police Station, the accused has not reported to Police so far, and now under the fear of arrest, has applied for anticipatory bail, hearing of which is going to take place about 45 days after the FIR has been registered.

QUESTION IS CAN THE COMPLAINANT PREVENT ACCUSED FROM GETTING ANTICIPATORY BAIL? AND IF YES, THEN HOW HE SHOULD PROCEED?

Anonymous   14 May 2011 at 12:34

ON HOW TO PREVENT ACCUSED FROM GETTING ANTICIPATORY BAIL

FIR has been registered against the accused for charges of Cheating ( section 420 of IPC).

Accused has now applied for anticipatory bail. Despite case being registered for the offense almost 40 days ago, no investigations could take place so far, as though police has been calling accused to the Police Station, the accused has not reported to Police so far, and now under the fear of arrest, has applied for anticipatory bail, hearing of which is going to take place about 45 days after the FIR has been registered.

QUESTION IS CAN THE COMPLAINANT PREVENT ACCUSED FROM GETTING ANTICIPATORY BAIL? AND IF YES, THEN HOW HE SHOULD PROCEED?

Anonymous   14 May 2011 at 12:32

ON HOW TO PREVENT ACCUSED FROM GETTING ANTICIPATORY BAIL

FIR has been registered against the accused for charges of Cheating ( section 420 of IPC).

Accused has now applied for anticipatory bail. Despite case being registered for the offense almost 40 days ago, no investigations could take place so far, as though police has been calling accused to the Police Station, the accused has not reported to Police so far, and now under the fear of arrest, has applied for anticipatory bail, hearing of which is going to take place about 45 days after the FIR has been registered.

QUESTION IS CAN THE COMPLAINANT PREVENT ACCUSED FROM GETTING ANTICIPATORY BAIL? AND IF YES, THEN HOW HE SHOULD PROCEED?

Anonymous   14 May 2011 at 11:14

USE OF LOKADALAT

CAN A LOKADALAT JUDGE SIGN THE AWARD IF IT COMES UDER DOUBLE JEOPARDY EVENTHOUGH BOTH SIGNED.

IF SIGNED BY THE ACCUSED KNOWINGLY OR UN-KNOWINGLY ON THE ORDER. COMPLAINANT TAKING UNDUE ADVANTAGE OF THE SECOND CONDITION OF IMPRISONMENT AFTER COMPLYING THE PAYMENT OF 50 THOUSAND ON THE SPOT IN THE COURT AND ALSO FILIED A PETITION IN THE SAME COURT FOR EXECUTING THE SECOND PART OF THE AWARD. CAN THE COMPLAINANT FILE AGAIN ON THE SAME ORDER EXECUTION ONCE THE AMOUNT IS RECEIVED BY HIM AS PER THE AWARD. EXCEPT IMPRISONMENT IS NOT ALLOWED BY THE JUDGE. CAN THE COMPLAINANT ASK THE SAME JUDGE TO REVIEW HIS OWN ORDER & IMPLEMENT THE SECOND PART OF AWARD IMPLEENTATION.

IS THE COMPLAINANT PETITION CAN BE MAINTAINABLE IN THE SAME COURT BEFORE THE SAME JUDGE???

LOKADALAT s ARE CREATED TO SERVE NOT TO PUNISH IF THIS APPLIES THEN WHY THE PUNISHMENT PROVISON COMING IN TO THE PICTURE FOR A FINANCE COMPANY IN THIS CASE.



KINDLY GUIDE ME WHAT TO DO & HOW TO AVOID THE SECOND ART BECOZ THE ACCUSED IS A GOVERNMENT SERVANT & THEIR ENTIRE FAMILY COMES ON ROADS IF IMPLEMENTED. IS THIS IS THE MOTTO OF LOKADALAT??

THE COMPLAINANT DEMANDING NOW TO PAY 1 LAC TO WITH DRAW THE CASE ELSE HE C THAT THE SECOND PART WILL BE EXECUTED.

IS THIS LOKADALAT USE it is SHOWING FAVOUR TO COMPANY ONLY BY ALLOWING DOUBLE JEOPARDY?????


param   14 May 2011 at 09:23

Declaring PW hostile can be denied by court?

Can court deny to declare PW hostile?and circumstances in which court can and case laws in this regard.
Thanks in advance