DEEPAK ASSOCIATES
23 October 2010 at 01:44
A person whose name was given in the FIR u/s 406-467-468-471 who stand as witness in Token Money (initial Agreement to Sell) but he did not take part in later proceeding i.e. all other proceeding like Agreement to Sell and Payment was taken placed in his absent. But the complainant dragged him in the case in wrong impression that the person is a partner of the Witness of Agreement to Sell.
The Session Judge refused to grant bail on the basis on that the present accused may temper the evidence whereas the documents are in the custody of Police
In Other case of same type u/s 420-467-468-471 IPC the main accused who forged the document was granted bail by Session on the basis of no useful purpose would serve if the accused be kept in judicial custody.
And my question is what useful purpose served if an inncoment person be kept in judicial custody rather a culpirt person who was granted bail.
Can any one discribed what is judicial mind and their discretionaries.
is there any law for judges why they do so
Anonymous
23 October 2010 at 00:41
Hi,
My father has a Income tax case against him.The judgement was in his favor in the district court.However the IT dept went to the high court and the case is still pending.Now my question is my sister lives in USA.My parents want to visit her during this summer.My parents want to apply for a passport.In the passport application form there is a requirement to obtain NOC from the court where the case is going on?So does the court issue a NOC?Will the passport office issue them a passport and can they travel abroad?Any help is greatly appreciated.
Thanks
Mahi
Anonymous
22 October 2010 at 20:18
Actully i am file 138 case but lawyer not given me proper advise. any one advise me can i change my lawyer if change then what is the process require
Advocate M J
22 October 2010 at 18:30
can a father file a cheque bouncing case against accused on behalf of his daughter, since the daughter is out of india,, but the account is joint account in father and daughter name. can a father sign the vakalath on behalf of daughter. since the cheque and the memo of understanding in the daughter name?????????please i request the learned members to guide me to proceed with my case
thank you
DINAKARAN
22 October 2010 at 18:23
Dear Sirs,
One of my relatives Mr.Damodharan was missing 0n 11.09.10. He is mentally disable person.He is living near poonamallee, Tamilnadu with his family.
We made police complaint in our area.
Recently we come to know that He was arrested by punjab police u/s 188 IPC.
Arrested on 14.08.10. THey Produced magistrate court on 27.08.10.
Please guide us how to bring him here from punjab
thanking you
Regards
J.Dinakaran
Cell : 09444151658
mail : dina.advocate@gmail.com
Knowledge Gainer
22 October 2010 at 15:56
Can any body have full text of judgment of MAHADEO RAMA (1942) 45 BOM. L. R. 295? If yes please forward to me.
Member (Account Deleted)
22 October 2010 at 13:13
Is there a time limit for filing of chargesheet by police. I am charged in 498A case and police came to arrest me in July this year and then I secured a bail.Its about more than three months but the chargesheet is not yet filed. As per my knowledge the police need to file a chargesheet within 90 days. The case was filed in May but the action was taken in July so fromdate of filing of FIR it is 6 mths and from the date of action about 3.5 months.
Please advise.
T.Srinivas
22 October 2010 at 10:39
Respected experts,
I issued a legal notice under Negotiable instrument act, said legal notice duly served to otherside, in the same notice by oversight i have written "Account Number of the accused instead of Cheque Number", However,now the criminal case is registered against accused and summons were issued by the Hon'ble court,
Now please suggest me what is the legal issue if accused asks about Cheque Number were not mentioned in the legal notice, please advise me its very urgent.
Anonymous
22 October 2010 at 10:35
last month i purchased a second hand motorcycle for rs 30 thousand, after purchase i gave it to my staff for use and i went out of town on return my staff told me that the person from whom i had purchased the byke has taken it back. i talked to him in phone and asked him to give me either the motor cycle or my money to my utter surprise he sent me back a threatnenig sms in which he said that he takes 3-4 lakhs for killing people so he dont care for my 30 thousand with that he said that it wont be hard for him to put my name in target list and he also said that i dont know the comming problem that will be faced by my if i lodge an FIR. i am a bussiness man so i am feelingin secure and my family members are also in fear.what should i do lodge an FIR or write a complaint to Magistrate. i want the police to put him under heavy charges so that he may not come out easily other wise he wil again create problem for me and my family.please suggest
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498A, 406 Indian Penal Code.
When an estranged wife files an FIR against her husband under S.498-A IPC, invariably section 406 IPC (Criminal Breach of Trust) is also applied and the Police attach and take away all the so- called "Dahej" articles from the house of the husband. My querry is: Is section 406 IPC attracted in such cases? Are the articles of gifts given at the time of the marriage to the bride or the bridegroom, deemed to be entrusted to the bridegroom? If all these articles are actually lying in the house of the husbanbd, how can it be said that the husband has misappropriated the said articles? I am of the view that in such cases S.406 IPC is wrongly applied because there is no ingredient of entrustment nor is there any criminal misappropriation. I would like to have expert opinion on this issue.