vinod bansal
04 February 2010 at 21:15
R//members
In one of my case investigating officer has prepared a totally wrong site plan.in site plan he has shown gurudwara in west direction and has shown palika bazar in east direction in fact that is in west direction. I have examined in defence a draftsman and exhibited correct site plan.Kindly provide me citation in which benefit of wrong site plan was granted to accused.Thanx n Regards
Vinod Bansal Adv.
RTI Activist
vinod bansal
04 February 2010 at 21:10
R//members
I am in need of a citation in which benefit of non production of case property was given to accused.Thanx n Regards
vinod bansal
04 February 2010 at 21:06
R/members
I am in need of a citation in which benefit of non examination of police officer who prepare report us 173 crpc (challan)was granted to accused.Thanx
vinod bansal
04 February 2010 at 21:04
R/members
I am in need of a citation in which benefit of non examination of police officer who prepare report us 173 crpc (challan)was granted to accused.Thanx
Anonymous
04 February 2010 at 16:06
Two months back my father expired, due to heart attack. He was Retd. from service 2 years ago. He was using Credit Cards and also availed Personal Loan (2 years) which he borrowed from the bank. Last week I received a call from the bank that since I am his son, I have to pay the loan amount as well as the remaining amount of the credit cards used by my father. I did not used any credit cards or taken any loan from banks nor did I used in any way the loan amount (directly or in-directly), which my father borrowed from the bank. My question is this, Can bank held me liable for the amount which my father borrowed..... and can they initiate legal action against me or my family.
He borrowed the money for the different purposes and did own any property whatsoever.
Anonymous
04 February 2010 at 08:11
Greeting!
I have to file evidence of Sound Recording on mobile phone in a private criminal case for defamation, & threating to client. I would like to know the procedure of filing this Evidence in a court.
It is great pleaser to me if any one answer this Question...
Thanks
Regards,
Adv. Avinash Naik
vinod bansal
03 February 2010 at 22:59
R/Members
I m representing complainant in a case of pvt complaint u/ss 452/325 ipc etc at the stage of framing of charge court discharged the accused,now what is remeady available to me,whether before hghcourt or sessions court in appeal or revision kindly help me with relevent provisions of crpc.secondly let me know whether this discharge is amounts to acquittal. Thanks a lot in anticipation to all.Regards
Vinod Bansal Advocate
RTI Activist Jind Hr.
Member (Account Deleted)
03 February 2010 at 20:39
tahnks to all experts.... but sir with all due respect to evry one.... i also try to go deep in that problem.... i ve read section 145 of evidence act and also section 162 of code of criminal procedurethat read as follows
section 162 Cr.P.C.. Statements to police not to be signed: Use of statements in evidence.
(1) No statement made by any person to a police officer in the course of' an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it, nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made:
Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of' his statement, if duly proved, may be used by the accused, and with the permission of' the Court, by the prosecution, to contradict such witness in the manner provided by section 145 of the Indian Evidence Act, 1872 (1 of 1872) and when any part of' such statement is so used, any part thereof' may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination.
(2) Nothing in this section shall be deemed to apply to any statement failing within the provisions of clause (1) of section 32 of the Indian Evidence Act, 1872 (1 of 1872), or to affect the provisions of section 27 of that Act.
Explanation. An omission to state a fact or circumstance in the statement referred to in sub-section (1) may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact.
SECTION 145.Evidence Act, Cross-examination as to previous statements in writing - A witness may be cross-examined as to previous statements made by him in writing or reduced into writing and relevant to matter in question, without such writing being shown to him, or being proved; but if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him.
so sir, after read both the sections in the secong para of section 162 cr.p.c the words used are "when any witness called for the prosecution" that is very important reason is very clear that if a witness called for the prosecution then if turned hostile then its open for the prosecution to contradict from his previous statements as mentioned in section 145 evidence act. but in my querry the witness is not called by theprosecution , so prosecutor only cross examine that witness but no right to contardict fr his previous statements rcorded under section 161 cr.p.c. coz he is defence witness. Thanx
sir is it right?? pls answer
M Ravinder Babu Advocate Parka
03 February 2010 at 19:57
Whether a promise to do certain act, if not done amounts to cheating
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IPC 307
A person is accused under 307. He is out on bail but his passport is kept by the court. Almost a year has passed. the court has read the charge and the accused had denied it. the proceedings are going on. Now the accused requires the passport as he has to go abroad for few days. Will he get back his passport. Are there any guidelines by Supreme court regarding this.
I had asked the above question and Hon'ble Expert Sukhija has given me this answer that The accused can apply to the concerned court for permission to go abroad and return of passport.
First of all Thanks for the answer. But my query is regarding the case of Suresh Nanda Vs C.B.I. AIR 2008 SC 1414 ( Decided on 24/01/2008)
wherein it was delivered by the Hon'ble SC that
"The Hon’ble SC has further opined that the Passports Act, 1967 being a specific Act whereas Section 104 of Cr.P.C. is a general provision for impounding any document or thing, it shall prevail over that Section in the Cr.P.C. as regards the passport. Thus, by necessary implication, impounding of a passport cannot be done by the Court under Section 104 Cr.P.C. though it can impound any other document or thing."
Is it applicable in my case