Adv:Nikhilesh
08 October 2010 at 16:37
sir,
in a case one lady at the time of her delivery not get proper attention from the part of the doctor and it causes a blockade at the time of delivery and gave birth to a completely paralyzed child. she filed a case in judicial magistrate court under 338 of Indian penal code.I appearing for the gynecologist please help me by giving latest decisions and valuable points.
Anonymous
08 October 2010 at 14:44
sir,
I am a victim of a criminal case and the occurance witness.I was abroad when the case was posted for evidence.The offence is one u/s 341,323,434 of IPC. As I was abroad the summons was not sent to me. As there is no occurance witness the evidence was closed and the accused were acquitted. I came to know about this when I came back to India .4 months passed after the judgment. Is there any remedy available to me to re-open this case.
Anonymous
08 October 2010 at 13:50
I have one querry after going through "Harman Electronics Vs. National Panasonic", if court passes summoning order and at the trail stage it was proved that the court is not having jurisdiction, then in that case what would be the position?
whether complaint would be dismissed on this ground or it would be returned or court would not decide the issue of jursidiction at main arguments. Please give some case law in support
Anonymous
08 October 2010 at 13:33
Sir,
Settlement of personal loan done in Mediation CENRE OF dWARKA cOURTS.
1.settlement letter signed by accused ,Bank
Mediator A To withdraw two cases of sec. 138
B Make payment by 05/09/2010
c. To issue NOC in 15 days of receipt of payment.
A & B COMPLIED BY BANK AND ACCUSED RESPECTIVELY.
C NOC DENIED BY BANK.
ADVISE FURTHER ACTION FOR ISSUE OF NOC.
Thanks.
C.G.
N.J. MISHRA
08 October 2010 at 12:00
PLEASE ADVICE ME
A INDIAN CITIZEN MASTER WAS FOUND DRUNK ON THE SHIP AND WAS ARRESTED BY THE PORT POLICE AT U.K. IN THE 1ST WEEK OF SEPTEMBER, IN THE MONTH OF AUGUST 1ST WEEK A COMPANY HANDED OVER USD 25,000/- TO THE MASTER AS A DAY TO DAY SHIP EXPENSES. AS ON 31ST AUGUST CLOSING BALANCE WAS USD 6,500/-. BEFORE HIS ARREST THE BALANCE AMOUNT WAS IN HIS CUSTODY. HE HAS NOT REFUND OR GIVEN ANY DETAILS OF THE AMOUNT TO THE COMPANY . AT THE TIME OF HIS ARREST HE COULD NOT TAKE HIS BELONGINGS AND LATER ON AT HIS REQUEST THE POLICE TOOK ALL HIS BAGGAGE. THE COMPANY IS ASSUMING THAT THE AMOUNT MIGHT BE THERE IN HIS BAG. LATER ON HE WAS RELEASED BY THE COURT IN U.K. BY PAYING FINE. WHEN COMPANY CONTACTED HIM AND DEMANDED THE MONEY OF USD 6,500/- HE SAID THE AMOUNT WAS IN THE SHIP, BUT THE SAME WAS NOT FOUND IN THE SHIP. COMPANY IS OF THE OPINION THAT NOT DISCLOSING THE REAL FACTS.
Anonymous
08 October 2010 at 11:10
Dear Experts,
There are laws for crime without any victim. Example of one such law Arms Act 1959, if a person is found with a firearm without a license, he is send to jail even though he has kept firearm only for his self defense.
1)What are such laws legally called?
2)What is the justification or logic behind such laws?
3)What does our Constitution say about such laws or is it silent on this matter?
SATYANARAYANA K
08 October 2010 at 09:22
"X" going right side of the road "Y" coming opposite direction left side of the road, "C" child came suddenly on the road "Y" want to save the life of the child dashed "X", "C" safe.
"X" & "Y" both have injured, police registered cases On behalf of "X" registered U/s 337 of I.P.C, on behalf of "Y" registered U/s 338 of I.P.C
It is in crime state
Both parties not willing to case before the court, both parties wanted to withdraw the cases.
please suggest how to withdraw the cases
Is there any possibility to withdraw without Surrendering before the court or bail
i am waiting for your reply
RAVI SANKAR K
08 October 2010 at 06:16
I have certified proof of documents on DRO , Tahsildar & VAO who muted the revenue records (patta)in the dead persons name & by not following the RSO31 guidelines , with out the knowledge of the original patadar. Pls advice me how to bring the culprits before the criminal law & get punishment for them. They are government official. I want to get the culprits to be punished because in future the public who owns property should saved from such culprits. The punishment given to these culprits be an exmple for the others not involve such bad activities.
Arvind Singh Chauhan
07 October 2010 at 21:30
16 year 4 months old girl eloped with a major boy. Later both were caught by police. Boy is charged with 376. Girl has convinced the accused's relative that she has told in her statement under 164 that she gone with the boy with her own will.
Now the girl is in NARI NIKETAN and boy is under judicial custody.
Whether girls' statement under 164 may be called at the stage of bail?
Whether she can be called before court at the stage of bail?
If Yes please guide.
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Validity of Notice U/s 138 NI Act deliverred to other family meber
Complainant sent the notice for dishonour of cheque by Reg.Post adressed to the drwaer. It was delivered to the wife of the drawer of the cheque.Whether it is a valid service of notice under CRPC ?
Is there any judgment by SC/HC quashing the complaint on this ground, please give details for reference.
The complainant had mentioned that he is authorised person under PA but while signing the complaint he has not mentioned his designation. Whether it will be a valid complaint.
( I am to defend the accused and request for citation to support my defence. I am in legal practice for last 4 years)
Thanks