rajvinder singh
24 September 2009 at 08:27
sir ,accused driver killed 26 years old man while driving.FIR was registerd and now Challan (173 CRPC)hve been presented in court.
the brother of deceased is complainant he agrees to compromise and to get 2 lac from accused (my client)
now though the offence is noncompoundable does the FIR can be quashed at High Court u/s482 crpc.
pls provide my the authorities in suppport of it.
further sir pls tell me that in case compromise is made out does i have to mention the amount in the compromise which will be presented before high court pls guide me about the compromise deed how it will be drafted,only few guidlines so that i may develop itriven
Adinath@Avinash Patil
24 September 2009 at 08:08
Important case law In N.I.Act section 138.
Bombay High Court Aurangabad Bench
Criminal Appeal no.239/2006 decided on 22/08/2008.
Dadasaheb Rawal co-op Bank of Dondaicha Ltd.
v/s
Ramesh Jawrilal Jain And others.
Negotiable Instrument Act 1881,section 138 &141-Whether HUF is covered u/s 141-Cheque issued by Firm of HUF dishonured-Plea that HUF not covered u/s 141-Held-The term "association of individuals" with include HUF business-it shall have to be construed as ejusdem generis-Along with other expression-Joint family business must be deemed as juristic person-Thry are covered u/s 141 of Negotiable Instrument Act in view of the explanation appended there to.riven
dk.anand
23 September 2009 at 16:14
dear sir, in order to aviod serious repurcussions of any legal actions form bank or company ,it is better to file petition for inslovency if he is unable to pay debts.riven
dk.anand
23 September 2009 at 15:19
sir,my friend has submitted application for exemption of hearing with medical certificate in criminal case u/s 420 ipc magistrate outrightly rejected itas no PWS at evidence stage present even.accused filed revison against the order of Magistrate who assigning without any reasons, At revisional judge,advocate withdrawn petition,can it be file again at sessions on any ground or can accused can go to High court for unjustified order of magistrate.riven
Chetan
22 September 2009 at 20:00
My client issued a cheuqe (voucher) of Cooperative Society to the complainant. The said Cooperative Society did not have 'Banking Business Licences" from the RBI.
therefore my question is that whether the said Coperative Society issued a cheque if yes then what is the legality of it in the NI Act 138
Pls Reply -- Urgently with citations and other provisionsriven
P.C. Joshi
22 September 2009 at 18:43
Can anyone explain to me the distinction between the following terms:
1. Judicial custudy/remand
2. Police custody/remand
3. Transit remand
Regards
P.C. Joshiriven
sneha
22 September 2009 at 17:36
Can a 498a case be quashed when there is no evidence and it is a false case just to harrass the in laws. In such case is there any procedure to dismiss the case. If Yes then what is the procedure.riven
siddhartha pydipati
22 September 2009 at 17:21
when a person was viewing pornographic website, the police raided on the cyber cafe and he was caught redhandedly.he was arrested.
on what charge can the police register a case against him?when the government cant restrict or regulate the various kinds of sites on the internet,how can it hold an individual guilty of a crime?riven
Arvind Singh Chauhan
22 September 2009 at 17:00
Whether police officer can lodge FIR against an accused, regarding a matter in which he himself is a victim. And FIR under section 332, 353 is lodged against accused. If no, please suggest some citation or Provision.
riven
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IN CONNECTION WITH 498a
Respexted sir,
My wife has filed 498a/406/506 against me a year back and at the same time i got anticipated bail. I came to unofficially that change sheet has been filed in the court after months but i have issued any notice/summoned for that. Can i apporach Hight Court for squashing the said FIRor is there any time limit that i will be called by the hon'ble court. what action should i take in this case , shall i keep quite and wait for the further action.
Thanksriven