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01 September 2010 at 11:32
sir,
in one of my case, accused was found guilty and sentenced to undergo si for 3 years and to pay a fine of Rs. 10,000/- for an offence of 457 of IPC and an si of 2 years and a fine of 5000/- for an offence of 380 IPC.
Is the judgement of the judicial first class magistrate legally valid , as per sec. 29(2) crpc?
as per sec 29(2) crpc, the maximum amount of fine that can be imposed by a magistrate is Rs. 5000/-.
he can impose any amount as comphensation u/s 357(1)(d) in the above offences, but, it should be " comphensation ".
here it is, fine only.
please explain ?
now, i have filed an appeal, appeal has been admitted ,sentence has been suspended till the disposal of the appeal, by the district court.
what is the effect of such illegal judgement of lower court, on an appeal ?
salil kumar.p
advocate
thalassery-670101
9447536929
advocatesalil@gmail.com
Mr Sreejit
01 September 2010 at 10:14
DEAR ALL,
I AM A VICTIM OF FALSE INVESTIGATION BY KOLKATA POLICE. I WANT TO FILE WRIT PETITION AT KOL HIGH COURT. BUT I AM NOT FINDING PROPERLAWYER. MANY WHO I CONTACTED HAVE NO GUTS AND REFUSED TO PROCEED OR MIS GUIDE OR DISCOURAGE US.
PLS HELP. IT IS EXTREMELY URGENT AND SENSITIVE. TO MENTION EVEN RTI WEST BENGAL IS A FAILURE IN THIS CASE.
REGARDS,
09830928232 - KOLKATA
Daksh
01 September 2010 at 10:11
Dear All,
If in a given situation when the complainant is having a cheque for Rs.10,000/- and he is claiming that indeed the legal liability qua the cheque is Rs.8,500/- only can he/she is legally entitled to file the complaint under Section 138 N I Act claiming the partial/a quantified sums of money or in the alternate it can be averred both in notice and in complaint that the accused should be made to pay the full consideration but the court should give to the complainant his Rs.8,500/- and rest should go to the exchequer as fine.
Kindly enlighten me.
Thanking you in advance.
Best Regards
Daksh
Anonymous
01 September 2010 at 07:23
i had given my flat on rent,that day i was in hubli he came through broker and requisted me i asked my co- brother to give key to him and collect two months rent as advance rs 19000/- cheque he gave to my co-brother,i depocited in bank but thet got bonced i colled on him on phone he asked me to reprsent i reprasented again it was same by this time it was three month and went to hyderabad and meet him he said i am sorrey my partner is out of statino i need same time, i came back to hubli and filed case he kept on telling laying but once i kont him and he did not give me money but send me key now the case is going on in hubli.he is not trasebel but his partner and md of company is coming to court.last two years
i do not have any thing in writeing
whot should do pl tel me.
i have not filed case for rent recovery
vinod bansal
31 August 2010 at 22:57
R/Experts
My client was convicted and was sentenced for two year imprisonment(two death case) by trial court us 304 A IPC.His appeal was not succeeded and his conviction and sentence order was re affirm by the sessions court.My client filed CRR before Highcourt,Highcourt reduced the sentence from two years to nine month as my client is facing trial since 1992 and he have three daughters and has undergone 18 days imprisonment.Now my client/convict wants to prefer a SLP before Supreme court with a application for exemption from surrendering/bail.Is there any chance for any kind of relief from supreme court in given facts.My client is also ready to compensate the family of deceased and deceased parents and family members are ready to give an affidavit in support of SLP stating that they have no any grievance if Supreme court give any kind of relief to convict like undergone/acquittal.
Anonymous
31 August 2010 at 18:07
Wife of my younger brother filed fake case u/s u/s 498A, 323, 504. 506and 3/4 anti dowry. in ghaziabad against brother,mother, my wife and my sister (married and sttled in USA) on 20 july'10
Both were living in ghaziabad with their 4 month old son.
We have got stay arrest from Allahabad HC i firts wk of august, and case is sent to Mediation center. The date of mediation is awaited.
What will be the procedure in mediation?
NOW my brother want to compromise with same girl to avoid long tension/hassle in legal process to all family memberes and thinking the future of 4 month old son.
Pls advise what should be terms for
compromise. and what steps other family member should take to avoid such fake FIRs by same girl
Sudhir
31 August 2010 at 15:21
I am Secretary of a Co-operative Housing Society in Mumbai. It is an excellent Society but some members, a few of them defaulter, are making my life miserable. Every now and then They make me their personal target and keep on writing nasty letters. They have recorded me Cheat, liar, han-in-glove with the builder, not trust worthy and have even attempted for verbal and physical assault. They keep on causing tremendous harassment to me and cause a nuisance not only on personal level BUT also it effects running of the Society. This otherwise is an honourary work. All our accounts are uptodate and get periodically audited by an internal auditor who is appointed by the General Body of the Society. Several times I have advised these Nuisance makers to join the Committe and execute the M-20 Bond. BUT they would not come forward to join BUT want me to run the society in their way and want me take action the way they want and record resolutions the way they want. It is not possible for me to leave the committe just because of these 7 persons (out of 89 of the Society). Now their acts are getting intolerable. I intend to initiate legal action against such members. Please suggest a way out. Regards. Sudhir Ashta
Anonymous
31 August 2010 at 15:18
A complaint filed u/s. 138 against a co. and one of signatory director.
Accused director is permanently exempted by the court till the next order.
Accused directed to represent by his advocate.
The complainant filed his evidence.
As per the procedure of dist. Court, the affidavit of evidence is affirmed before the court officer before filing in the court.
Accused and his advocate continuously absent and avoid cross examine the complainant.
The magistrate record the verification of the complainant and then passed order of no cross. Complainant also closed their case as no further witness is necessary.
The matter was adjourned for the statement of accused u/s. 313.
On the next date the advocate appeared on behalf of accused and made an application to set aside the order of no cross. Court considered his application with minor cost. He undertook to pay on next date.
Next date some other advocate was present and file an application with certain objection under rules 5 of Chapter VII of the High Court manual against the affidavit of complainant. In the said application it is stated that….
a) No verification clause of director Is there in the said affidavit.
b) no residence address of complainant is mentioned. (in affd. It is mentioned that I ____ having address at … office address is mentioned. (Complainant is a company))
c) it is not clearly mentioned that which statements are made on his personal knowledge and which statements are on his belief or information.
And prayed that the said director may directed to comply with the provision of ch. VII of criminal manual of Hon’ble High Court.
I’ve to file reply and oppose the said application. Kindly help me plz.
I’ve certain points in reply. can these useful to me?
• On previous date the said advocate has made an application to set aside the order of no cross and oraly undertook that on next date hi would cross examine the complainant. Now he placed these application.
• Further all applications signed and filed by a junior advocate who are not on record. V.p. signed by an advocate (I’m not sure that the v.p. filed on behalf of adv. firm or individual)
• Weather any advocate have locus standie to appear in the matter or to signed and place any application in absent of accused and advocate on record?
Plz. Plz. Plz. Help me and guide me and also give me citation if any is available in my favour.
Thanks in advance.
Anonymous
31 August 2010 at 12:57
I am going through in a disproportionate asset case by ACB.I want to know about the Supreme Court rulings related to DA cases.Can you pl suggest where I can get these rulings/Cases.
Thanks a lot!!
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offence u/s 398 ipc with only four accused will not lie ?
sir,
in one of my case, the allegation is that 4 accused persons showed a knife to the defacto-complainant and snatched a gold chain from him and subsequently after so many days, gave it to the 5 th accused to sell the gold ornament.here the offences charged against the accused are u/s 392, 398, r/w 34 of IPC against accused No. 1 to 4 and an offence u/s 414 of IPC seperately.
now , in this case, charge has been framed and denied by the accused,summons has been issued to the witnesses.
now, my doubt is that, here the only sessions offence is 398 IPC. it requires 5 or more persons to commit the offence. but, here, in this case, even though now there are 5 accused persons, at the time of commission of offence there were only 4 accused persons. or in otherwords, accused No.5 has not ever took part in the dacoity at all, the only allegation against her is that she has assisted in concealment of stolen property (u/s 414 IPC).
so, according to me 398 will not lie as there were only 4 accused persons at the time of dacoity.
if at all, 392 may lie.so, 392 IPC and the other offence charged against accused No. 5 , 414 IPC, is also an offence triable by magistrate only.but, now, as sec. 398 has been incorporated now it is in sessions court.now, charge has been framed and denied by the accused. so, i cannot argue for discharge also.
what is the remedy ?
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
9447536929
advocatesalil@gmail.com