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Arvind Singh Chauhan   12 January 2010 at 08:28

409 IPC

Sir my client is facing trial under 409,467,468,471 IPC from 1999. He was a bank employee. He is charged with embezzlement of Rs 8 Lack, by withdrawing money from the accounts of account holders. He got bail after one and half year.
In trial no account holder said that he embezzled his money, they said their money has been paid to them from bank, they give only hearsay evidence against him. There is no opinion of hand writing expert. During the period for which he is charged, three departmental audit took place in which no irregularity was found and bank was provided with grade "A".
He has spent one and half year in jail and got terminated.
Please refer some favourable citation and points.

Soma   11 January 2010 at 22:55

PWDVA Cross examination

In a PWDVA Case the magistrate directed me to crossexamine the complainant on the same day she given her evidence.
Is it mandatory to cross the same day of chief-examination?
Without preparation it couses great inconvenience.
Magistrate further ordered that if it is not done the same day then respondent will loose his right to cross.
What is the remedy?

Sumir   11 January 2010 at 20:04

untrue medical report

I would like to use a layman word "untrue" medical report, can any one state under which law they are punishable

M.Dhanasekar   11 January 2010 at 19:19

sec420,sec 506/2,sec 294

Hi,
Kindly anybody try to resolve the problem for me.Pls find the attachment

Thanking you,

yours,
M.Dhanasekar

shantanu dekhane   11 January 2010 at 17:37

evidentary value of amicus cuarie

whether opinion of amicus curaie is binding upon the courts.

Anonymous   10 January 2010 at 23:01

query for queshing of 498a, after charge sheeted

Dear Sir,
Urgent help
Brief history of my case started-
First, she filed application for FIR in 156(3) at CJM court – on 2.1.2008, This application was dismissed by CJM court .
Secondly,After dismissed she gone through revision /appeal in Session court/DJ. There, this revision appeal ( same FIR copy) was also dismissed – on 29.7.2008. Here i called by summan and Trail or heard with WS by session court. here i wone the case and her appeal was dismissed.
After frustration, Again she tried to file FIR by money /bribing ( same incidences and with same FIR copy) – on 8.11.2008. There she got success and i have got charge sheeted by police .now CJM court has summan me .
Here, is a case of double jeopardy ?

I think it is a case of Double geoprady.The complaint given by the her in the third cause of action is not sustainable. It has been taken cognizance by the Judicial Magistrate, which is being certainly amounting to ‘double jeopardy.
In other points, I have already been triled on same set of facts and for same cause of actions under session court and this case is on similar set of facts also the period of allegations are same as was or is earlier case.
------------------------------------------------------------------------------------
Mean while I have got Divorce ex -party decree in family court – on 18.11.2009 filed on 12.5.2008.
I have got all RTI medical response which was attached (as a injury certificates) by her in FIR. I have received statement of Doctor through RTI , that she was not admitted and not done X-ray of any part of body in my hospital. In other thing, Doctor has given a Registration number/sl.no. i.e 2,88, 826 by attestation in RTI. I think it is totally wrong, how could this registration no. in Lakh digits?
Apart from Double geoparedy, Are these records can help for Quashing of Chargsheet.. Pl. advice and Suggest how i can Win this false Chargsheet in High court an S.Court.is it possible to Quashing of Chargsheet in 482 ipc.

Chetan   10 January 2010 at 19:21

Dowry Prohibition Act

Cany any member explain me the Section 4 of Dowry Prohibition Act,

What are the ingredients shall be proved by the prosecution

OR

What defence have to be taken


if any citation pls quote........

thanks

Anonymous   10 January 2010 at 18:01

cheque bounce

Dear Sir,

i have a cheque bounce case in progress.Same cheque i had deposited as a security to my then employer agaist a loan.total loan amount i had deducted at the time of leaving the company.But rather to submit me the cheque,employer presented it to the bank result to the dishounered.

The case is still to reach at it's evidence level.Now the company has submitted an application that the original cheque has misplaced and ask to consider it's photocopy as a evidence.

Please answer what are the possibilities for me?

Thanks,

Anees

Anonymous   10 January 2010 at 11:18

Released of person on probation charged with 366 of IPC

Sir,
if any person(MAJOR IN AGE) is charged u/s-366 of IPC as a first offender. can he or she be released on probation of good conduct.
if the answer is yes,
Than please tell me in which situation he or she will be released.
And the judgment related to the Supporting the answer.
Gurcharn Goyal Advocate,Sirsa(HR)
e-mail-gurcharn_goyal78@yahoo.co.in
gurcharngoyal78@gmail.com

Chiragkumar Pipalia   09 January 2010 at 18:34

appeal

Dear Sir,
I am preparing to start practise in highcourt. I wish to file application against order of acquittals by sessions court. In such cases the state has to file appeal, but in some cases state does not file appeal, so private persons file revision against the order of acquittal. But when state has already filed appeal against order of acquittal, how a private person(aggrieved) join or be a party to such appeal?

Next, when private person has filed revision, can state file appeal for the same matter?

Pls. let me have useful guidance from our expert as I am about to start my hc practice.

Thanks,
Chirag Pipalia,Adv.