vinod bansal
23 July 2010 at 21:59
R/Experts
I am representing to wife in a case of 125 crpc,in default of five month payment of maintainance,husband has spent total five month period in Jail on different -2 dates. Now i want to know that whether i can still recover maintainance amount for the period of five month for which he has already spent five month in Jail one month for each default of one month)or i have only remeady to file civil suit for recovery of the said amount of 5 months.Thanx
KAMARAJ BHARATHY G
23 July 2010 at 21:07
I would like to bring to your kind attention about the infructuous Illustration of section 108 A of Indian Penal Code. Section 108 A defines as “108A. Abetment in India of offences outside India. A person abets as offence within the meaning of this in Code who, in India, abets the commission of any act without and beyond India which would constitute an offence if committed in India.” The above mentioned section is enacted for the definition of an Abetment in India of offences outside India. This section has one Illustration as follows: “Illustration A, in India, instigates B, a foreigner in Goa, to commit a murder in Goa. A is guilty of abetting murder. “ In this Illustration it is mentioned that if one person from India instigates a foreigner, who is in Goa, to commit a murder in Goa, the person who instigates, is guilty of abetting murder. In this Illustration, Goa is shown as foreign territory. In fact, Goa was territory of Portugal at the time the Code was enacted and it continued up to 1961. Hence, at the time of enactment of this Code, this Illustration was apt. At this juncture, Goa has become territory of India in 1961. Once Goa became a part of India, the Illustration has become infructuous. But, unfortunately, the infructuous Illustration is continued for the past 49 years and the Infructuous Illustration is misleading the meaning of definition of the section 108 A of the Code. (G. KAMARAJ BHARATHY)DEAR FRIENDS PROVIDE YOUR COMENTS
Anonymous
23 July 2010 at 17:17
dear sir
it is a criminal case
pending for last 3 years
complaint person as came for compromise what is the procedure to follow
is is a 420 cheating case by a person
Asit Karmakar
23 July 2010 at 00:49
MY FRIEND,HIS SITER AND BROTHER IN LAW WERE ACCUSED UNDER SECTION 34,306,420,493 AND 496 IPC.THE DECEAVED LADY WAS HAVING AFFAIR WITH THE BROTHER IN LAW WHO IS BASED IN MUMBAI WHERE HE MET THAT LADY AND BY PROFESSION SHE WAS A BAR GIRL, MY FRIEND IS BASED IN DELHI AND HE IS MARRIED AND HIS SISTER IS A HOUSE WIFE IN PATNA.THE CASE WAS LODGED IN 2008 IN THANE AND POLICE CAME TO PATNA AND ARREST MY FRIENDS SISTER IN 2010 AND ASKED HER TO INFORM HER HUSBAND AND SURRENDER BEFORE THE LOCAL POLICE STATION WHICH HE DID.THEN THE POLICE IN PATNA RELEASED MY FRIENDS SISTER AND ASKED HER TO TAKE THE ANTICIPATORY BAIL FROM MUMBAI. THE BROTHER IN LAW GOT THE REGULAR BAIL AND MY FRIEND GOT THE ANTICIPATORY BAIL IN THANE SESSION COURT BUT FOR 6 DAYS ONLY.MAY I REQUEST THE PANELIST TO SUGGEST FOR THE FURTHER STEP FOR MY FRIEND AND HER SISTER.THE REMAND REPORT OF THE BROTHERINLAW SUGGEST NO INVOLVEMENT OF MY FRIEND AND HER SISTER BECAUSE THEY ARE NOT BASED IN MUMBAI AND BOTH OF THEM WERE BEING OBLIVIOUS ABOUT THE INCIDENT THAT HAS OCCURED THERE.HOW TO GO AHEAD WITH THE CHARGESHEET WHICH THE INVESTIGATION OFFICER HAS NT FILED TILL DATE OR WHAT SHOULD BE THE PROCESS FOR THE SAME.WAITING FOR UR PROMPT SUGGESTION
Anonymous
23 July 2010 at 00:34
is there is mandatory provision in the act that presence of the consumer is required at the time inspection of the of meter in MRT lab., please furnish case laws in this regard and delay in filing fir, sending meter after long time for testing
thanking ou,
mitra
advocate
Anonymous
22 July 2010 at 23:44
Dear members,
I am appearing for Accused for the charges u/s 138 Of NI Act, 1881.
My Query:-
After perusing teh records and roznama,The Complainant at the time of filing complaint has not paid process fee, no summons was collected by complainant nor was it served upon the Accused, but to Accused shock directly warrant was served upon him.
Therefore, the same was pointed before the Court, the Ld magistrate then said whatever has happened forget it, our application for cancellation of warrant was returned and accused was released on execution of PR bond of Rs.3000/- and the next date was given to be 16th June 2010.
I remianed present with the accused on given date 16/06/2010 but to my clients shock and surprise the said matter was preponed on 14/06/2010 and non bailable warrant was issued.
the same was again pointed to new magistrate appointed in place of old magistrate, teh court replied saying that magistrate has power to issue bailable warrant without summons being served.
here, it may be noted that no process fee was paid for summons, nor was it ever collected nor served,directly warrant was issued.
My question is under what section or provisions of Cr.P.C magistrate has power to issue directly warrant as pointed by magistrate
vinod bansal
22 July 2010 at 22:58
R/Experts
In my case of petty offence,eye witness has already been turned hostile and remaining witnesses are not coming in the court despite 18 opportunities of prosecution evidence,i prayed to court for closing the evidence or in alternative posting the case as last opportunity for p/evidence,but magistrate frankly stated that he will not closs the evidence till 100 hearings/dates,I want to file appeal or revision in given circumstancies for a direction for closing the evidence or for granting last opportunity to prosecution for conclude its evidence,is their any provision/remedy to file a appeal/revision before sessions court or i have to move directly before High court,kindly suggest.Thanks
vinod bansal
22 July 2010 at 22:51
R/Experts
P want to know whether there is any provision/rule regarding objection of peace meal in a crl case with a request to defer the cross prior to cross examination (set of two witnesses for same facts)(i am not confirm regarding exact spelling of peace meal)
Anonymous
22 July 2010 at 21:35
applicability of sec. 202 of Cr. P.C. in Negotiable Instrument Acts u/s 138.
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A lawyer threatening me with action
sir i had a debate with a lawyer on facebook relating to hindutva
I am of a secular poin tof view and was just trying to change his narrow mindset..
The debate got a little bit heated (but i didnt say any offensive word or abuse the lawyer in any way)
He asked me the def of secularism and i told him to check Article25(2) of the indian constitution(which was the extent of my knowledge of law)
it is understood that he got very irritated with the debate and is now threatening me that he will take up the case with cyber crime cell and will see to it that im arrested
he says that i misquoted constitution with ulterior motive
Sir please check the link below of the discussion
http://www.facebook.com/album.php?aid=-3&id=1043156960#!/photo.php?pid=31382710&id=1043156960&ref=notif¬if_t=photo_reply
sir please let me know have i seriously committed a crime or is he just threatening me cos of his arrogance??