jayanta kalita
12 October 2009 at 21:05
Please help me to get the following problems solved.... (1)Whether an accused person charged with u/s 138 NI Act is to prove his innonce by adducing evidence beyond reasonable doubt or by preponderance of evidence which principle is applicable in criminal cases? Please refer Supreme Court Judgement. (2)Suppose if a vehicle is purchased under higher purchase agreement that vehicle can not be transfered till repayement of loan amount, but by executing an agreement the vehicle is given to other person for use. Now if an offence is committed in connection with this vehicle the person who has taken the vehicle in his possession by executing the agreement is also liable as per clause inserted in the agreement( They inserted such a clause). While the said agreement has no legal value under civil law, it bears value in criminal law. Because in criminal law FACTS CAN NOT BE DENIED. M I correct? If correct is there any Supreme Court judgement that FACTS CAN NOT BE DENIED in criminal case?
thiagarajan
12 October 2009 at 17:15
I had been cheated by delhi based visa consultant i want to file a case against them and also the taken my money about rs.1.22lakhs.
Sumir
11 October 2009 at 23:48
Well I had possed this question before also but didnot get suitable satisfactory reply owiing to my lack of proper questions, I like to ask:
1. What is difference in terms of "Original Side" and "Appellate Side" and "Criminal Jurisdiction" of Bombay High Court. [ Refer URL: http://bombayhighcourt.nic.in/site/proceeding/apltdet.html
2. What is difference between Criminal Writ Petition, Criminal Appeal, Confirmation Cases, Criminal Revision Application, Criminal Application, Criminal Miscellaneous Application , Criminal References, Criminal Contempt Petition, in Bombay High Court[refer
URL: http://bombayhighcourt.nic.in/site/proceeding/mattypecr.html
3. Under which category a litigation challenging police inaction to register FIR lies?
4. What is court fees for above litigation payable to court? What has to be mode of payment?
5. What is fees of PIL payable to court and mode of payment? Can, as a point in relief asked, we can ask to initiate criminal proceeding in PIL?
6. What are formalities to be fulfilled for filing PIL?
umesh
11 October 2009 at 20:05
kindly inform me about the debt recovary tribunal proccedure (DRT) for a pesonal loan of 15 lakhs .only pdc given No colataral security given and 14 emi paid.furher emi not paid due to finacial crunch.
Adv.Yashwardhan Tiwari
11 October 2009 at 15:57
As i lend 39000Rs to my teacher for a rental house in november 2007 of which i have a leave and license agreement copy.Where her sign and photo and finger print signs their.Out of 39000 i received only 5000Rs till today through cheque. whenever i go to her place she warns me not come to his place and his son assaulted me on 17 july 2009 along with his friend after stopping me on the way by ZEN i gave the registration of car and gave me threat to death.For this i reported in police station but no action taken place. father of that boy{husband of my teacher}has a criminal record in police station offence no112/2002 u/s 420 but he is not alive.But it show that they are
having criminal background.
AS
FIR u/s 341,294,506,323,34 was launched on 6 -10-2009 for the incident of 17 july 2009 for which i have given application on the same day 17 july 2009 but it was received on 30-07-2009 on the direction of SP.Police investigating officer has not arrested any of the accussed till today 11-10-2009 and i am still getting threat to death and in my MLC doctor has written nature of injury is grievious as my half tooth was broken now what shall i do. But section of grievious hurt is not mentioned on FIR. As for whole incident there is no witness.Police says that FIR karwne se kuch nahi hota hum apne hissab se deal karenge.In this what shall i do.How can i feel secured as they are very influential people. what will be the right way to deal this matter.Suggest
I am feeling insecured.
Sumir
11 October 2009 at 00:38
Under which sec usage of false logo punisable?
Can third party (not related to the party whose logo has been used falsely complain)
kathakali bose
10 October 2009 at 15:00
The complainant had lodged a FIR under section 498 A and 306 against the son-in-law on 16/6/09.The accused was in police custody from 16th to 18th June and then shifted to JC.He got a bail order from HC on 22nd July 2009 and he is on bail till date.The chargesheet hasnt been filed yet.The complainant wants to withdraw the case and wants to know the legal process to undertake to complete the withdrawal. How long does the process generally take?Please help.
M G Shanmughan
09 October 2009 at 21:08
the acid value of oil will increase by delaying the chemical analysis.is it true ?any ruling or authorization.
bhanu pratap720
09 October 2009 at 18:56
if a civil suit is pending then proceeding under section 145 cr.p.c. cannot be proceeded with
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Domestic Violence Act - child custody
Respected Members,
Wife has filed DVA case. In that she filed interim application for custody of children during Diwali vacation. Husband earlier filed Divorce petition for cruelty coupled with adultery. That was dismissed for default. Restoration application is preferred by husband and wife appeared in that and filed her say. Can criminal court give custody of children to wife in DVA case. If husband not willing to give custody of children to wife during Diwali, how can it be defended. Request for your valuable advice. Regards.