Mahesh Agrawal
12 April 2011 at 19:17
whether a person can claim easmentary right of light and air in a joint family common lane.
Anonymous
12 April 2011 at 19:02
One of my friends suddenly pulls out my licensed weapon from my pocket and fires in the air during his heated argument with a 3rd person. Can i be also booked under arms act with him. I normally carry my licensed pistol with me for my safety and his act was also sudden and spontaneous without even giving me time to react or get alert or stop him.
Rahul Singh
12 April 2011 at 18:37
Need ruling reported in 2004(2)MWN(Cr.)(DCC)pg.106 Madras-P.S.A.Thamotharan v/s Dalmia Cements(B)Ltd.It is regarding writing on the cHEQUE and Signature on the Cheque.
Kindly sent immediately as it is urgent
Anonymous
12 April 2011 at 16:28
NI Act, 1881
Section 125 Crossing After Issue :
Where a cheque is uncrossed, the holder may cross it generally or specially.
Where a cheque is crossed generally, the holder may cross it specially.
Where a cheque is crossed generally or specially, the holder may add the words "not negotiable".
Where a cheque is crossed specially, the banker to whom it is crossed may again cross it specially to another banker, his agent, for collection.
Question :
1) Where a cheque is crossed generally, the holder may cross it specially. (so vive - versa is not applicable (means if the cheque crossed is crossed specially, the holder cannot cross generally)) right ?
2) Where a cheque is crossed generally or specially, the holder may add the words "not negotiable".
It means that when the word "not negotiable" is written on the cheque than the cheque cannot be further endorsed to anybody else right ? Eg: a/c payee "not negotiable" to jyoti than jyoti cannot endorsed to anybody else & if the cheque is lost than bank cannot deposited the cheque which contains the word "not negotiable" to the other a/c if the cheque is lost ?
3) Where a cheque is crossed specially, the banker to whom it is crossed may again cross it specially to another banker, his agent, for collection.
but if the word "not negotiable" is written than banker can also can't endorsed to any another person or banker. right ?
Thanks.
Adv.Sachin Y.Mane
12 April 2011 at 10:46
can jmfc court impose punishment exceeds 3yrs.imprisonment for offence u/s.377 IPC
Citation for bail application for offence u/s.377 of Ipc.
Anonymous
12 April 2011 at 10:31
what is the remedy against aquittal in 138 matter, any time limit??
Thanks
Anonymous
11 April 2011 at 22:46
Sirs,
Please inform the steps that common man can take to enforce the Supreme Court of India "D.K. Basu Vs. State of West Bengal." land mark judgment.
ie memo of arrest of accused to be prepared with 1 witness, all documents including memo of arrest to be forwarded to illaka magistrate, in notice board at district head quarters names of arrested person to be displayed, etc
I am from delhi and was having anticipatory bail but was arrested and released by the sub inspector in delhi without following the mandaory guidelines and procedures as laid down in the "D.K. Basu Vs. State of West Bengal." judgment.
several round of enquiries by district vigilance, vigilance at asaf ali road, phq have recorded the fact that the same was not complied with during arrest but they are refusing to take any departmental action, departmental proceeding, file FIR or start contempt proceeding against him
they keep on exonerating him giving different grounds like he was new so did not know arrest guidelines and procedure, during training such arrest guidelines were not informed to him, police have more important work to do then filling up papers to give to illaka magistrate, etc
Also the sub inspector has prepared the two memo of arrest and conviction slip having two different dates so now as per police record I have spent 2 days in lock up.
Kindly advice what remedy is available to me as a common man, who can not afford to spend money to at laest get some justice and force delhi police to take action against the sub inspector as per provsions of law.
regards
Anonymous
11 April 2011 at 19:23
NI Act, 1881
Section [143. Power of Court to try cases summarily.
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) all offences under this Chapter shall be tried by a Judicial Magistrate of the first class or by a Metropolitan Magistrate and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trials:
Provided that in the case of any conviction in a summary trial under this section, it shall be lawful for the Magistrate to pass a sentence of imprisonment for a term not exceeding one year and an amount of fine exceeding five thousand rupees:
Criminal Procedure code, 1973
262. Procedure for summary trials.
(1) In trial under this Chapter, the procedure specified in this Code for the trial of summons-case shall be followed except as hereinafter mentioned.
(2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter.
query :
As per section 143 of the NI Act, 1881 it has been said that all the provisions of section 262 to 264 is inclusive is applicable so as per section 262 of the crpc if the case is trial under summary manner than minimum sentence is for 3 months right & as per the abovementioned section 143 of the NI act, 1881 it should not exceed 1 year so form the reading of both the section we can say that the minimum sentence should be of 3 months & maxmium of 1 year for any offence made under NI Act i am right ?
So can we also say that as per sction 262 of the crpc the trial under NI act are always a summons case ONLY ?
It has been said that under section 262 (2) of the crpc , 1973 sentence should not exceed 3 months ? so why section 143 of the NI ac say that it can be extend by the magistrate if deem fit to exten to 1 year so which will prevail whether section 262(2) of the Crpc or section 143 of the NIact, 1881.
2) As per section 2 of the crpc it has been said that any case which is not a warrant case is a summon case so as per the IPC is any offence is punishable for less than 2 years are called as a summons case right ?
Thanks.
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When can one force court to start hearing?
One of my friends was charged for rioting in 2003. He was not at all involved in the act, he was just standing over that place to know what was happening and he was arrested by the police. Even if police knew the fact, they charged him for rioting. He was free after bail but then the problem started. No one has been remained present except my friend on every trial, so hearing cannot be started. And it has been more than 7 years passed, but still hearing cannot be started.
I would like to know from you Expert that is there any provision in law so that we can force court to start hearing. Because my friend wants court to start hearing him so that he can prove himself innocent.
I am asking him on behalf of him because he is not much familiar with computer and such great forum.
Please advice.
Thank you in advance.