AMAR RANU
18 April 2010 at 14:01
Recently,a principal session Judge in Mumbai passed a order in the matter of transfer application in a criminal case.The said order was not dictated in open court as required by law but the said order was also pronounced by the Shirestedar of the said court during the absence of the said principal session judge.
In the light of the above,we would like to know as to whether the said order is valid one? If not,what are the remedies available under the circumstances to get the said order declared as invalid.
Any comments/guidance with the support of case laws,if any,would be highly appreciated.
Amar
AMAR RANU
18 April 2010 at 13:59
Recently,a principal session Judge in Mumbai passed a order in the matter of transfer application in a criminal case.The said order was not dictated in open court as required by law but the said order was also pronounced by the Shirestedar of the said court during the absence of the said principal session judge.
In the light of the above,we would like to know as to whether the said order is valid one? If not,what are the remedies available under the circumstances to get the said order declared as invalid.
Any comments/guidance with the support of case laws,if any,would be highly appreciated.
Amar
Rahul Singh
18 April 2010 at 11:15
Q.whether the revisional court can give direction to fullfil the lacuna cropped up in the original complaint,specially in S.138 N.I.Act in revision ? Give ruling also.
Anonymous
17 April 2010 at 21:26
Dear Sirs,
in an incident of 'vehicle-lifting', while the vehicle was being stolen, the accused was caught alongwith the vehicle. But after a few months, even when the criminal case was continuing against the accused, the owner of the vehicle sold it. Will this affect the case? If yes, then in what way? Please be kind enough to tell. Thanks.
Anonymous
17 April 2010 at 21:26
Please tell me one more thing, K's wife has put domestic violence case on K & his family wherein she has asked for a compensation of 10 lakhs for mental & physical cruelty, some interim relief of food & shelter. Under this domestic violence case what will happen to K & his family if things are proved. And under 498A, 406 r/w sec 34 case what can happen to K & his family if things are proved
sunil ramchandani
17 April 2010 at 18:36
i have presented a bail application u/s 438{anticipatory bail} to session court but it refused.my client has been booked u/s 379,411,420 ipc.now i have two options
1} to surrender him to JMFC n move a regular bail but m not expecting bail from there as other accused r still in jail since last 8 months.only one accused is released on bail after 2 months from session court.
2] to apply to high court for anticipatory bail n if rejected surrender accused n again file a bail application in JMFC n than if rejected than to session court n then to high court
facts of the case are-
several indica cars were stolen from diferent cities n states by 2 accused n were sold to my clients n they sold to third person by properly transferring it from RTO.even a NOC was given to them regarding indica cars sold to them.but afterwards they all were seized.thieves use to change the no.plates n engine nos n chasis nos.by welding new on them.they use to purchase accidental vehicles which were fully damaged n use to change engine no n chasis no. of stolen cars with their {damaged cars} engine no n chasis no.
thus the vehicles use to be sold n transferred
but the issue is my clients r absconding since the seizure of vehicles.now their r 5 cases pending related to seized cars n in every case accused told that he use to keep vehicles for finance with my clients
pls give me guidance abt what should i do to save my client from going to jail.
if i will present anticipatory bail in high court n is rejected than will it create problem in obtaining regular bail from JMFC court.
Anonymous
17 April 2010 at 13:54
I am that same person of 498A on husbands friends.
My cousin borther has stood as zamindaar for me & my friend K. But now that my cousin knows that K has back stabbed me he is not ready to stand as zamindar anymore for K. Can he withdraw only from being K's zamindaar & if so what is the procedure.
Anonymous
17 April 2010 at 13:32
I am the person who had asked for query on 498A on husbands friend.
As explained there in I used to help my friend financially also. Since the amount borrowed was on a higher side, my freind gave me 2 cheques one of 18000/- & other of 20000/- with my name written on it but no date. He told me when i will have funds you put the date & deposit the cheques to take your money. He owes me somewhere around 40000/-.
The thing is he left his job as he feels that his wife cannot ask alimony
or compensation if he is jobless. His parents are paying his car installments or else they will lose the car, even paying his new education course
fees to show he is studying hence cannot work. But for my money they say their son had used that money so when he will take job he will pay, this is ridiculous.
This domestic violence case may run for 2 yrs also & other 498A case & his divorce case may run for yrs so how can i wait so long to take my money. Since it was all done in friendship.
He does not want to keep any contact with me, as he has back stabbed me by writing something lies against me in the "say" filed against the complain made by his wife under domestic violence & nor does he want to reply any thing about returning the money he sent an sms saying now i dont have money i will pay when i have & he is not ready to do job also.
There is NO written proof regarding that, as all this was done under friendship now all i have is his 2 cheques. And i guess he will not keep any balance or will not have any money in his account as he has left his job also.
How can i get my money back ?
Can he prove that these cheques were given as security cheques ? but i feel they are not & if so what is my remedy to get my money back.
kanti kumar
16 April 2010 at 15:32
There are three party A ,B and C firstly A sells the family property by committing forgery to B without knowing by B that the said land was transferred through fraud then again few years later B transferred the land in favor of C and till now land currently with C, then few years later A's family member not living with A came to know about the fraud can he make the complaint in police , and in this situation who is the legal title holder and what will happen to B and C are they not the legal holder of property as the sale is voidable at the first transfer itself....
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stolen property sec 381
Good Evening sir.
I am MJ from Bangalore. dealing in criminal field. I am dealing with a stolen property case under sec 381 IPC,I wanted the stolen property to be keep under the court custody till the case is decided , since that property is only material evidence used in the case, i am sure that if the property is with the owner it can b manipulated, since in the interest of JUSTICE, i want the property to b keep under the court custody.
hence I am not sure which section to apply for an application to keep the property under court custody.I request the learned lawyers to guide me, so i can give full justice to the case.
thanking you
MJ