ballly jaiswal
30 January 2010 at 02:20
ONE person was driving his car on a speed of 80 to 90 kmph on the highway..his car collided with a pedestrain who came surprisingly in front of the car which was on the above mentioned speed. there was no legal crossing or intersection on the road..even the place of such accident was not crowed means to say car met with accident on the lonely place....the car driver called the police and also ambulance but the pedestrain sccumbed to his injuries before ambulance arrived.. the police came on the spot and registered the case against the car driver under section 304A as death by negligence and also under section 279 of IPC.. my question is that such person who is driving is liable under charges imposed upon him... as on the highway there is no legal crossing or intersection....also inspite of the fact that accused himself called the polie and ambulance without refering to the option of escaping as the place of accident was lonely...though such accident was caused by the nature...can the accused escape the liability under these section if there is possibility..then plz suggest some grounds and also supported jugdments...
Parveen Kr. Aggarwal
30 January 2010 at 00:05
In a complaint case under sectino 138 N. I. Act a cheque was issued on a bank account maintained by a registered society bearing rubber stamp and signatures of "A" (authorised signatory of the society). However, "B" also signed the cheque ("B" being near relative and manager of the society) despite the fact that "B" was neither authorised to operate the bank account nor having any connection with the bank account.
The cheque was issued in discharge towards repayment of a loan obtained by the society from a private financer (banker). The loan agreement bore signatures of "C" (authorised representative of the society) as well as "B".
Notice before filing of complaint was served only on "B" and on none else and in the complaint also "B" is the sole accused impleaded.
Now my query is what is the liability of "B" in the complaint?
Anonymous
29 January 2010 at 12:38
Can anybody please enlighten, if an F.I.R. is not signed by the complainant at the time of complaint, is it valid F.I.R.?
M Ravinder Babu Advocate Parka
29 January 2010 at 10:02
on filing of privatre complent police registering the case causing delay.non enquiry or formal enquiry in to the matter and keepings months or yearor much more delay and reporting the case as falsestill keeping itwith any report until otherwisedeel the matter .Officers also washing there hands at the threshould on or after directing the police to register the case or on recept of FIR.What is resonable time for all this ? what the poor client expect the justice from court?Protect petition pervivewin CRPC-The poor advocates face charm in the looks of his clients for his no fault but for his small contract. please convey a dare legal steps with out further expences to the client and with out further appeal to higher courts. What can one do Please inform, with bunch of citations.
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Ladhu Ram Chowdhary
29 January 2010 at 08:49
Whether evidence can be taken by way of affidavit at the state of enquiry u/s 200/202 Cr.P.C.?
Ladhu Ram Chowdhary
29 January 2010 at 08:48
Whether complaint can be asked to produce his all witnesses during enquiry u/s. 202 Cr.P.C.?
Ladhu Ram Chowdhary
29 January 2010 at 08:47
An Executive Magistrate (not removable from service without approval of State Government) gives beating to a person who is committing riot. He believes in good faith that otherwise it is not possible to prevent him in committing riot. A complaint u/s. 323 IPC is filed before a Magistrate. What should be appropriate legal on it?
Ladhu Ram Chowdhary
29 January 2010 at 08:44
Whether a Court of Session can take cognizance of offence?
Ladhu Ram Chowdhary
29 January 2010 at 08:43
Whether pre-cognizance enquiry is permissive?
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Un-reliable statement of complainant
Ld Counsels,
If the complainant is proved to be making contradictory statement will it vitiate the prosecution.
Pls clarify