kanti kumar
05 March 2010 at 16:08
If the accused got released in 498a cases by district court order then what is the procedure and time duration to challenge the order in upper court and which is the next court after district court in which we can challenge the order and please also tell what steps to be taken during the appele if any .
thank you
santosh
05 March 2010 at 15:39
Dear expert,
guide me with your opinion and judgements.
Thanking You
Anonymous
05 March 2010 at 14:37
A complaint is filed against me under section 138 stating i bought a sofa set from the opposite party and in consideration i gave a cheque.but i gave a cheque for the purpose of a hand loan taken from the company as i am the employee of that company.on behalf of the opposite a person filed a complaint without stating in the complaint that he is the authorised person to file the complaint but only one director of the company gave the authorisation.the OP has not filed any document in support of the purchase of the sofa and i am not having any document of the loan ?What is the maintainability of the petition?
Pramod Pawar
05 March 2010 at 14:15
A poor farmer X buy a secondhand motorcycle by verifying all documents and it also get transferred to X at RTO abad, mahrastra before one year; today also documents from RTO OFFICE shows vehicle belongs to x.
In the last month finance gang had forcefully taken the vehicle from X when x was on tour with his family at taluka place. police station incharge is not ready for filing FIR as finance gang claims that vehicle is financed by them initially. actually information particulars of vehicle from RTO of todays date shows no finance on vehicle . Also if finance is on vehicle i.e. on motorcycle then how the vehicle get transferred to X .my cury to Hon'ble expert is weather incident is of criminal or civil nature? what to do to file FIR of the incident.
Anonymous
05 March 2010 at 11:05
Sir I have a small query relating to my case.
Accused had a business of supplying goods to 'A'. Accused was given advance money to procure goods and accused gave 'A' a blank cheque as security.
B took the cheque collusively. Filled in the blanks. Cheque bounced. 'B' Complainant after issuing notice filed criminal complaint under section 138.
The complainant (B) only stated that accused opwned him money, and to repay he issue the cheque with figure of amount.
'A' had no transactions as business relation with the complainant (B).
Accused has already been conviction and presently appeal is pending for disposal.
Kindly advice and if possible give some citation / judgement in favour of the Accused (Defence).
Kindly treat this as most URGENT.
Member (Account Deleted)
05 March 2010 at 09:08
respected experts. offences under Arms act are bailable or non bailable? What is the interpretation of section 37 of Arms Act.?
Anonymous
05 March 2010 at 06:43
It has been brought to the notice of the public that a teacher has punished the students of III standard very brutally. the children were asked to draw picture on the floor of the class with their tongue. Now the problem is who is to file a case against the teacher and the school. Is it CWC to file case and for violation of which act and section? Police says that it is CWC to take case.Whether it is punishable under sec.23 or under which Act and Provisions?
CHAUHANMA
05 March 2010 at 02:01
Nadeem was caught in a case of cheque bounce in April 2009. In view of circumstances, court given benefit to Nadeem stating in its order that the Nadeem was victim of circumstances as warehouse of Nadeem was looted in citywide disturbances, hence taking lenient view, awarded punishment of appearances of Nadeem before the Probation for 3 years against a bond in the month of July 2009 with instruction / order that after this day (July 2009) Nadeem shall not commit such offence (cheque bounce). However, Nadeem was again caught in another cheque bounce case AND given his statement on OATH before the Magistrate that he (Nadeem) has paid the total amount of said cheque to the Complainant and the complainant had to return such cheque to him, as the complainant was the vendor of Rice and Nadeem used to purchase rice from him for a long time hence in good faith Nadeem in good faith did not take the said cheque back from the Complainant. BUT the Complainant has misused this cheque against him. This cheque was also of the month of April 2009. Nadeem did not violate the order of the court, did not issue any cheque after the day of court order i.e. July 2009.
Question / Query is that; Whether Nadeem can request for benefit of probation again as he did not commit any such offence after the day of court order?
Upon request of council of Nadeem, the learned court has demanded some precedent / ruling for releasing Nadeem on Probation again.
Please Reply to: chauhanma@yahoo.com
Anonymous
04 March 2010 at 23:26
if surety of one accused again taking surety of another accused and saying in affidavit that he had never taken surety of any accused, can be prosecuted by complainant if court is not initiating proceeding of section 340 Cr.P.C., or
private person can file application before Court to direct the S.H.O. of Police Station to register the case against surety and investigate the same?
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juvenile justice act
whether a juvenile who crossed the age of 18 years during proceedings before the board can be inflicted with any of the punishment under sec. 15 of the juvenile justice act