Solace
05 April 2010 at 18:48
My client is in judicial custody for non bailable offence. His wife approached me to file bail petition. My question is how I get the signature of the accuesed at vakalath and also on bail petition. Can I file vakalath and bail petition with signature of his wife or can I file bail petition without signature from accused or his wife.
manish
05 April 2010 at 18:19
Please let me know any citation whether complainant can oppose the bail petition filed under section 439 of crpc?
Anonymous
05 April 2010 at 11:20
will a cheque marked CASH, if returned attract section 138?
ashish Kumar Pandey
04 April 2010 at 20:31
in my cases which was filed under sec 138 of N.I. Act in Delhi Magistrate issued summons against the accused and this one is returned unserved with due reason " accused left that address". after this report "I had filed an application under sec 65 of Cr.P.C. but the learned M.M. returned this application saying that " if the accused left that address then this substituted service also have no effect"
and issued order to file fresh address of accused. Now the complainant has no fresh address. what will our next step at this stage
Member (Account Deleted)
04 April 2010 at 20:27
Hi All,
Can anyone tell me what is the punishment for Credit Cards Fraud and Internet frauds in India.
What are the evidences required in the court to prove the credit card frauds.
Under which sections the case can be registered and what will be the consequences. Also, please advise the procedure for registering the case- will the bank go and get the FIR registered or the Cardmember will be required to do so.
Thanks
Amit
WHATSAPP 91-8075113965
04 April 2010 at 10:37
I am appearing for the accused in a narcotic case and it is posted for final hearing.
Facts of the case is as follows :
Please guide me .
Offence u/s 20 (b) NDPS ACT.
ALLEGATION :-
Accused was found carrying 36 gms of ganja, in a plastic carry bag and he was arrested in a public place, on a casual search by the excice officials. ( no prior information).
Prosecution has examined 5 witnesses, and marked 6 documents.
Pw1 and pw4 - arresting officers
Pw2 and pw3- independent witnesses, ( not supported prosecution story ) but they were cross-examined by the prosecutor, without declaring hostile. is it permissible ?
Pw5 – investigation officer
Documents :-
P1 – seizure mahassr
P2 –arrest memo
P3-consent letter u/s 50 ndps by accused , to be searched by the arresting officers themselves( stating that there is no need of magistrate or gazette officers)
P4-occurance rport
P5-property list
P6-chemical analysis report
P7-inspection memo
M.O WAS NOT PRODUCED BEFORE THE COURT, NOR MARKED.
BUT, THE PROPERTY LIST SHOWS THAT IT WAS SENT TO THE COURT, AND THE COURT HAS RECEIVED IT ON THE SAME DAY…..WHETHER ACCUSED IS ENTITLED TO THE BENEFIT IN THIS REGARD ?
Grounds, I believe worth noting are :-
NO M.O WAS MARKED
INDEPENDENT WITNESSES ARE NOT OF THE LOCALITY
INDEPENDENT WITNESSES, NOT SUPPORTED THE PROSECUTION STORY
NO ENDORCEMENT IN THE ARREST MEMO , THAT ARREST OF THE ACCUSED WAS INFORMED TO HIS RELATIVES, BUT IT IS THERE IN THE P7 INSPECTION MEMO
PW 1 AND 4 SAYS THAT THERE IS NO COLUMN IN P2 FOR THAT. THAT’S WHY A SPECIAL P7 WAS PREPARED. BUT, AS PER DK BASU V/S UNION OF INDIA, IS IT NOT MANDATORY, TO INCLUDE IT , IN THE ARREST MEMO , ITSELF ?
NO REPORT U/S 57 IS MARKED. BUT SIMPLY STATED IN THE MAHASSAR THAT AFTER COMPLYING SEC 57, PROPERTY AND MAHASSAR WERE SENT TO COURT. IS IT SUFFICIENT ?
NO FOREWARDING NOTE WAS MARKED.BUT, ANALYST REPORT IS MARKED . IS IT SUFFICIENT ?
I am told that in NDPS CASES, there a lot of citations that before conducting search of an accused. The arresting officers has to offer their personal search to the accused, to avoid implanting of contraband articles.please give me any one of such citations .
Accused has signed in p3 consent letter. But, but p2 arrest memo bears accused “s thumb impression , not signature ! its legal consequence ?
Is sec 50 mandatory in cases or consent letter from accused , while in custody is sufficient ?
Ref : 2002(2)KLT 211 (SC)
PLEASE GIVE MAXIMUM CITATIONS FOR THE ABOVE GROUNDS .
RESPECTFULLY,
SD/-
SALILKUMAR.P
ADVOCATE
THALASSERY
09447536929
advocatesalil@gmail.com
WHATSAPP 91-8075113965
04 April 2010 at 10:35
I am appearing for the accused in a narcotic case and it is posted for final hearing.
Facts of the case is as follows :
Please guide me .
Offence u/s 20 (b) NDPS ACT.
ALLEGATION :-
Accused was found carrying 36 gms of ganja, in a plastic carry bag and he was arrested in a public place, on a casual search by the excice officials. ( no prior information).
Prosecution has examined 5 witnesses, and marked 6 documents.
Pw1 and pw4 - arresting officers
Pw2 and pw3- independent witnesses, ( not supported prosecution story ) but they were cross-examined by the prosecutor, without declaring hostile. is it permissible ?
Pw5 – investigation officer
Documents :-
P1 – seizure mahassr
P2 –arrest memo
P3-consent letter u/s 50 ndps by accused , to be searched by the arresting officers themselves( stating that there is no need of magistrate or gazette officers)
P4-occurance rport
P5-property list
P6-chemical analysis report
P7-inspection memo
M.O WAS NOT PRODUCED BEFORE THE COURT, NOR MARKED.
BUT, THE PROPERTY LIST SHOWS THAT IT WAS SENT TO THE COURT, AND THE COURT HAS RECEIVED IT ON THE SAME DAY…..WHETHER ACCUSED IS ENTITLED TO THE BENEFIT IN THIS REGARD ?
Grounds, I believe worth noting are :-
NO M.O WAS MARKED
INDEPENDENT WITNESSES ARE NOT OF THE LOCALITY
INDEPENDENT WITNESSES, NOT SUPPORTED THE PROSECUTION STORY
NO ENDORCEMENT IN THE ARREST MEMO , THAT ARREST OF THE ACCUSED WAS INFORMED TO HIS RELATIVES, BUT IT IS THERE IN THE P7 INSPECTION MEMO
PW 1 AND 4 SAYS THAT THERE IS NO COLUMN IN P2 FOR THAT. THAT’S WHY A SPECIAL P7 WAS PREPARED. BUT, AS PER DK BASU V/S UNION OF INDIA, IS IT NOT MANDATORY, TO INCLUDE IT , IN THE ARREST MEMO , ITSELF ?
NO REPORT U/S 57 IS MARKED. BUT SIMPLY STATED IN THE MAHASSAR THAT AFTER COMPLYING SEC 57, PROPERTY AND MAHASSAR WERE SENT TO COURT. IS IT SUFFICIENT ?
NO FOREWARDING NOTE WAS MARKED.BUT, ANALYST REPORT IS MARKED . IS IT SUFFICIENT ?
I am told that in NDPS CASES, there a lot of citations that before conducting search of an accused. The arresting officers has to offer their personal search to the accused, to avoid implanting of contraband articles.please give me any one of such citations .
Accused has signed in p3 consent letter. But, but p2 arrest memo bears accused “s thumb impression , not signature ! its legal consequence ?
Is sec 50 mandatory in cases or consent letter from accused , while in custody is sufficient ?
Ref : 2002(2)KLT 211 (SC)
PLEASE GIVE MAXIMUM CITATIONS FOR THE ABOVE GROUNDS .
RESPECTFULLY,
SD/-
SALILKUMAR.P
ADVOCATE
THALASSERY
09447536929
advocatesalil@gmail.com
WHATSAPP 91-8075113965
04 April 2010 at 10:32
I am appearing for the accused in a narcotic case and it is posted for final hearing.
Facts of the case is as follows :
Please guide me .
Offence u/s 20 (b) NDPS ACT.
ALLEGATION :-
Accused was found carrying 36 gms of ganja, in a plastic carry bag and he was arrested in a public place, on a casual search by the excice officials. ( no prior information).
Prosecution has examined 5 witnesses, and marked 6 documents.
Pw1 and pw4 - arresting officers
Pw2 and pw3- independent witnesses, ( not supported prosecution story ) but they were cross-examined by the prosecutor, without declaring hostile. is it permissible ?
Pw5 – investigation officer
Documents :-
P1 – seizure mahassr
P2 –arrest memo
P3-consent letter u/s 50 ndps by accused , to be searched by the arresting officers themselves( stating that there is no need of magistrate or gazette officers)
P4-occurance rport
P5-property list
P6-chemical analysis report
P7-inspection memo
M.O WAS NOT PRODUCED BEFORE THE COURT, NOR MARKED.
BUT, THE PROPERTY LIST SHOWS THAT IT WAS SENT TO THE COURT, AND THE COURT HAS RECEIVED IT ON THE SAME DAY…..WHETHER ACCUSED IS ENTITLED TO THE BENEFIT IN THIS REGARD ?
Grounds, I believe worth noting are :-
NO M.O WAS MARKED
INDEPENDENT WITNESSES ARE NOT OF THE LOCALITY
INDEPENDENT WITNESSES, NOT SUPPORTED THE PROSECUTION STORY
NO ENDORCEMENT IN THE ARREST MEMO , THAT ARREST OF THE ACCUSED WAS INFORMED TO HIS RELATIVES, BUT IT IS THERE IN THE P7 INSPECTION MEMO
PW 1 AND 4 SAYS THAT THERE IS NO COLUMN IN P2 FOR THAT. THAT’S WHY A SPECIAL P7 WAS PREPARED. BUT, AS PER DK BASU V/S UNION OF INDIA, IS IT NOT MANDATORY, TO INCLUDE IT , IN THE ARREST MEMO , ITSELF ?
NO REPORT U/S 57 IS MARKED. BUT SIMPLY STATED IN THE MAHASSAR THAT AFTER COMPLYING SEC 57, PROPERTY AND MAHASSAR WERE SENT TO COURT. IS IT SUFFICIENT ?
NO FOREWARDING NOTE WAS MARKED.BUT, ANALYST REPORT IS MARKED . IS IT SUFFICIENT ?
I am told that in NDPS CASES, there a lot of citations that before conducting search of an accused. The arresting officers has to offer their personal search to the accused, to avoid implanting of contraband articles.please give me any one of such citations .
Accused has signed in p3 consent letter. But, but p2 arrest memo bears accused “s thumb impression , not signature ! its legal consequence ?
Is sec 50 mandatory in cases or consent letter from accused , while in custody is sufficient ?
Ref : 2002(2)KLT 211 (SC)
PLEASE GIVE MAXIMUM CITATIONS FOR THE ABOVE GROUNDS .
RESPECTFULLY,
SD/-
SALILKUMAR.P
ADVOCATE
THALASSERY
Anonymous
04 April 2010 at 10:14
whether as per new amended cr p c sec 324 and 420 of i p c are compoundable?when it comes into force
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NOC
I have criminal procceddings pending in lower district court under section 420 for last 12 years.
My passport has expired and i need to obtain a new on. While fillinf the application for I have gone through section 17b. in which I have to obtain a NOC from court.
How i can get the same.