Ajit
01 September 2010 at 16:27
I filed a case under section 138 of Negotiable instrument act and in my case cheque has been issued by the authorized signatory of the Company which is one of the director but I made 2 other directors as accused along with authorized signatory and last year in September summon has been served on all the 3 directors and out of which 2 directors has received the court summon and attended the court proceedings but till date court is unable to serve the summon on 3rd director(but he is not the authorized signatory)as he was staying in abroad. Can anyone give me SC ruling that only authorized signatory is accused as he has signed the cheque and can I say to the court that kindly drop the 2 directors from the accused list and proceed only against the authorized signatory as he got the court summon and he is also attending court dates. Is there is any judgment in this regard.
vijaybhaskerreddy
01 September 2010 at 14:15
Sir,
When the Registered Owner of the vehicle was the deceased in a Murder Case. Can the Financier of the said vehicle get the vehicle released by filing Petition Under Sec.451 Cr.p.c. If yes Kindly suggest the citations in this regard
Anonymous
01 September 2010 at 13:59
Hello
plz advise
I got married in dec 2007. In jan 2010, wife left matrimonial home at chandigarh and left my 20 months sick daughter too and filed a false dowry case on me and my old aged parents ( both 70+ and patients to chronic diseases). My daughter is too weak as docters said that she is suffering from malnutrition. She is not gaining weight as required.
me and my parents are arrested in feb and are out on bail and attending courts ( 250 kms away) were wife now resides
She has not tried to take custody of shild till date and not bothered about her daughter.
I want to know is ther any law on this wich take action on wife for deseration of child.
Can court give her decision to have child's custody as i am ready to pay for child mantainence as baby being female need her mom.My parents being in old age are unable to take care and mine job is touring....baby is suffering
Plz advise with legal openion
many thanks
Mani
WHATSAPP 91-8075113965
01 September 2010 at 13:34
sir,
can anybody provide the following citation urgently :
1988(3)scc(crl)822
it is on the notification on wild life protection act.
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
9447536929
advocatesalil@gmail.com
WHATSAPP 91-8075113965
01 September 2010 at 13:30
sir,
allegation against the accused is that accused was found in possession of some peices of rails and after trial accused was convicted u/s 3(a) of railway properties 9 unlawful possession ) act, 1966.
here in this case, there is no special mark on the rail , or emblem of railway on the rail, to prove that it actually belonged to railway.
but, there is a vagoue statement that it is the property of railway in serviceble condition and and not auctionable, and not available in the open market.
is it , satisfactory identification of mos to sustain conviction ?
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
9447536929
advocatesalil@gmail.com
WHATSAPP 91-8075113965
01 September 2010 at 13:14
sir,
in one of my case, allegation is that accused produced fake tax-receipt in court and he was taken in to custody on the spot and magistrate took cognizance u/s463, 471, 475 of IPC AND FOREWARDED THE CASE U/S 190(1)(C) of crpc.here, magistrate is the CW1.same magistrate tried the offence for some time and subsequently got transfered to some other place.and trial was conducted by some other magistrate. AND , NOW, all the witnesses has been examined, except the investigation officer.if the previous magistrate was not got transfered, it would have been an embarassing cituation, as the CW1 and magistrate is one and the same !
now the present magistrate understood the illegality of the trial being conducted in the same court, transfered the case urgently to CJM.
NOW MY QUESTION IS THAT, the major part of the trial has been over in the old court, which itself is the complainant and now only the investigation officer remains to be examined.so, the transfering of the case at this juncture, will legalise the whole trial ?
how far this illegal trial will be favourable to the accused ?
please furnish me any ruling to the effect that accused has been prejudiced by this illegal trial .
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
9447536929
advocatesalil@gmail.com
WHATSAPP 91-8075113965
01 September 2010 at 12:55
sir,
in one of my case accused was found guilty and accused , being a lady pleaded mercy of the court and court kept the case for the report of the probation officer and the probation officer gave a report showing the mitigating circumstances in which accused lives! coolie worker, father a TB patient, no male member.... etc. still the court convicted the accused for 3 years rigorous imprisonment.
how far will be the effect of report of the probation officer in the appellate court ?
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
9447536929
advocatesalil@gmail.com
WHATSAPP 91-8075113965
01 September 2010 at 12:46
sir,
in one of my case, accused was found in possession of 6 kg of gun powder. he was charged u/s 4 of explosive substances act.
i have heard that , it is offence u/s 4(g) of the explosive act and not an offence under explosive substances act.
can any body explain the difference between these two acts ?
also, please state essential legal formalities to be complied with, by the prosecution, in both these enactments, from arrest of the accused to submitting of charge sheet. ( for eg. sanction u/s 7 of the explosive substances act).
please furnish me some useful citations for defence counsel ?
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
9447536929
advocatesalil@gmail.com
WHATSAPP 91-8075113965
01 September 2010 at 12:31
sir,
my doubt is that whether a detecting officer can be substituted by another police officer, who is totally a stranger to the case, at the time of evidence ?
my case in hand is that accused committed a theft in temple. he was arrested, confession was recorded, mo was recovered u/s 27 of evidence act,investigation was conducted, charge sheet was submitted,..... all these were done by one police officer.now, he is not available in india. so, the prosecution intends to examine another police officer of the same station, in his place, who is actually a total stranger to the case.
i have objected prosecution's this move.but, court has asked to provide any rulings, to substantiate my contentions .
so, i need some citations, urgently in this regard .
please help !
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
9447536929
advocatesalil@gmail.com
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bail application
sir, i filed a bail application of two accused charged under section 392 & 114 of IPC before charge sheet was filed, but session's judge rejected bail giving reasons that accused are habitual of crime, they have other 15 cases on thier name of similar crime hence they are threat to society.
now i want to file another bail application before sessions judge under section 439 of crpc after chrge sheet has been filed. so i need some citations of apex court and high courts for my support. af anybody can help me out with that.