Anonymous
18 March 2010 at 18:50
After filing a petition u/s482cr.p.c in high court can i file a revision petition in session court .?
after filing a petition under section 482cr.p.c in high court can i file a revision petition in session court .
1. is there is any bar i.e after seeking a remady u/s 482 i can not file a revision u/s 397.
3. is there is any law which i code in my support
Balakarthick
17 March 2010 at 21:14
In a 138 of Negotiable Act proceedings could the complainant file any List of Additional Witness(es), if YES under what provision whether under S.244(2) or S.311 of Cr.P.C. S.311 reads "summon any person as witness" if NO why? recently I came across an order of Hon'ble H.C of Kerala and the link for the same is http://indiankanoon.org/doc/18347/
SRIPRAKASH BHATTACHARYA
17 March 2010 at 19:41
17.03.10
DEAR SIRS,
I HAVE FILED A CRIMINAL CASE AGAINST 19 PERSONS WHO DISTRIBUTED A WRITTEN AND SIGNED DOCUMENTS TO EACH OF THE RESIDENTS IN OUR CONDOMONIUM. IN THE STATEMENT THEY HAD SAID THAT I AM INVOLVED IN A RS. 60.00 LAKHS DEFALCATION. IT MAY BE NOTED THAT THE DEFALCATION IS A FACT BUT IT OCCURRED LONG BEFORE I BECAME A MEMBER OF THE SOCIETY. I GAVE OPPORTUNITY TO ALL THESE PERSONS (THEN 23 IN NOS.) THAT EITHER THEY SHOULD COME OUT WITH THE DOCUMENTS AS PER INDIAN EVIDENCE ACT OR SHOULD OWE AN APOLOGY. IN MY LETTER I HAD CITED SECTION 84 OF IPC AND SAID THAT SHOULD THEY FEEL SORRY, IT SHOULD COME IN WRITING. AS EXCEPT OTHER THAN 4 PERSONS, NONE OWED AN APOLOGY SO THERE BEING NO OTHER WAY, I FILED A CRIMINAL SUIT WITH THE DISTRICT COURT.THE HON'BLE JUDGE AFTER HEARING BOTH THE SIDE AND ALL THE 19 PEOPLES ARE ON BAIL AS ON DATE. TILL DATE ALL THESE PEOPLE ARE MADE TO APPEAR BEFORE THE HON'BLE COURT.I DO NOT KNOW WHEN THE HEARING WILL START?
TIME BEING THE ESSENCE OF ANY INCIDENT/EVENT CAN I TAKE THE CASE TO A COURT OUT OF THE STATE.ALTERNATIVELY TO EXPEDITE THE HEARING WHAT I NEED TO DO.
REQUEST FOR KIND JUDICIAL OPINION.
Sriprakash Bhattacharya
bhattacharyasriprakash@gmail.com
Anonymous
17 March 2010 at 17:49
the accussed has been convicted for off. p/s 353 of penal code on the evidence of three witnesses who did not identify him in court.
An appeal has been preferred against the said judgement.Please quote citation regarding non identifying of accusseed in court particularly bombay or supreme court
Anonymous
17 March 2010 at 13:40
MY QUERY POSTED ON 14/3/ 2010 REGARDING EXEMPTION FOR PERSONAL APPEARANCE OF COMPLAINANT AS PER FULL DETAILS OF THE CASE PROVIDED IN INITIAL QUERY.HAVE NOTED THE OPINION OF EXPERTS AND HAVE UNDERSTOOD THE PROVISION OF THE PROCEDURAL LAW .I NOW SEEK UR LEARNED OPINION REGARDING A PRACTICAL DIFFICULTY-BAILABLE WARRANTS HAVING BEEN ISSUED FOR THE COMPLAINANT IF UNABLLE TO LEAVE STATION DUE TO MEDICAL REASONS IN THE FAMILY (MATTER LISTED IN ANOTHER STATE)CAN TIME BE SOUGHT FOR 3/4 MONTHS BY MOVING AN APPLICATION THROUGH AN ADVOCATE? IF YES ,SHOULD THIS APPLICTION BE SUPPORTED BY SOME AFFIDAVIT SIGNED BEFORE OATH COMM. AT PLACE OF RESIDENCE OF COMPLAINANT?
Anonymous
17 March 2010 at 13:21
MY QUERY POSTED ON 14/3/2010 REGARDING CASE RESTORED BY TWO DEPENDENTS(OUT OF THREE) AFTER DEMISE OF COMPLAINANT&DISMISSAL OF CASE IN DEFAULT.HAVE NOTED THE OPINION POSTED BY EXPERTS.HOWEVER,I SEEK CLARIFICATION VIS-A-VIS RECENT JUDGMENT OF MUMBAI HIGH COURT, AURANGABAD BENCH DTD.25/1/10, VISHNUPANT vs KAILASH POSTED ON THIS SITE ON 5/2/10 WHICH STIPULATES THAT AUTHORISATION OF LRs BY SUCCESSION CERTIFICATE IS A MUST. WHETHER THIS WOULD BE ACCEPTABLE BY DISTT. COURTS OF OTHER STATES IN CASE OF REVISION APPLICATION?
Anonymous
17 March 2010 at 13:17
Five years back complainant bank deposited one of the blank cheques in their custody as security the complainant failed to appear for cross examination and the cross was closed, now the complainant has deposited the second blank cheque in its custody for double the amount for recovery of the same case for which trial is in progress and given notice u/s 138 is their any remedy for the accused. Can the accused lodge police complaint/FIR for harassment against the complaiant and or apply to court where the case is already in progress to restrain complainant from proceeding further
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Praveenji Thank You, the bank had taken 10 cheques as security deposit of the accused in 2003, of which one was banked in 2005 and was returned with remark 'account was closed', the proceedings are still on for the first cheque now the complainant bank has deposited the second blank cheque for double the amount. The court has closed the cross due to absence of complainant and the bank has applied for revision to sessions court can this be taken as a reason to obtain some sourt of a restrain order from the same court or higher court can this be a reason to make police complaint for harassment.
Anonymous
17 March 2010 at 13:15
Five years back complainant bank deposited one of the blank cheques in their custody as security the complainant failed to appear for cross examination and the cross was closed, now the complainant has deposited the second blank cheque in its custody for double the amount for recovery of the same case for which trial is in progress and given notice u/s 138 is their any remedy for the accused. Can the accused lodge police complaint/FIR for harassment against the complaiant and or apply to court where the case is already in progress to restrain complainant from proceeding further
Lawrence William
16 March 2010 at 23:01
Dear experts,
Mr X is facing a false complain and may be required to pass through the regular bail process. The query is: Will the complainant's advocate be given the copies of all proofs by Mr X's (advocate) to the court in the bail process.?
If yes, then what is the remedy for the same?
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Ni Act
NBW Second time issued
In recall of accused , the accused appearence is not necessary
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