vinod bansal
16 years ago
R/All members
I have filed a criminal complaint u/ss 395/452/323 IPC & 25/54/59 Arms Act,now case is fixed for consideration on summoning,i want to know as there is no recovery of arms & looted articles bcoz complaint was not sent to police for registration of FIR by the magistrate and magistrate ordered for recording of preliminary evidence than question of recovery is not arise,now i want to know whether court can summon the accused under section 395 and Arms act without recovery of arms & looted articles..Thanx
chiranjib mukherjee
16 years ago
A CASE HAS BEEN REGISTERED U/SEC. 363/366 I.P.C. AND THE ACCUSED WERE ARRESTED AND PRODUCED BEFORE THE LD. C.J.M. AND THEREAFTER THE I.O. FILED A PETITION PRAYING FOR ADDING SEC. 376 I.P.C. AND DURING THE PENDENCY OF THAT PETITION THE ACCUSED COMPLETED THE STATUTORY PERIOD OF 60 DAYS. WHETHER THE ACCUSED IS ENTITLED TO GET BAIL?
pkm
16 years ago
drawer of a cheque being a company liqidated as per order of high court. The payee company who has filled complaint under section 138 has also order by high court to wind-up.who will fight criminal case since official liquidator has been appointed.wheather official liquidator has a right to continue criminal proceeding. wheare as official liquidator duty is to take assests of the company & realise them & pay to the concern person / institution. i want were such type of situation will be available for reading or some case laws on them
Ranganath
16 years ago
Ld Counsels,
Is there any pre-requisite condition that there should be atleast 2 witness statments should be obtained before filing chargesheet in a case of cognizable offense. Kindly clarify if there is any such prequisite to file a chargesheet.
Thanks
Ranganath
16 years ago
Ld counsels,
What is the main difference between discharge and quash in a criminal proceedings. What is appreciatin of evidence and appreciation of materials gathered during investigations. Does this appreciation occur during the disposal of discharge if not in quash.
Some quash judgements say that "the materials gathered during investigation doesnot make out the alleged offense." So while quashing will there be appreciation of materials (if not prosecution/defense eidence).
Please clarify.
Guest
16 years ago
Whats wrong with GUJCOC especially when the Guj Governent claims it to b in line with MACOCA....,.??????
tusharcosmic
16 years ago
How to file a case of recovery in Delhi after 6 years of bouncing a cheque ? Plz. read details to answer.?
I got a cheque of Rs, 275000/- in 2003 from a borrower friend of mine. This cheque bounced back with a bank memo that funds were insufficient. A legal notice was served to the accused. Mean while my house was white washed and I lost that cheque and bank memo. My father died during those days, I made a big business mistakes and I was financially under heavy pressure .I was under heavy mental depression also so I did nothing against that borrower of mine and no case was registered in court of law.
But now a days everything is settled and I have found out that cheque and that bank memo somewhere in my home.
I came to know that even a recovery suit of order 37 can not be filed after three years of issuing date of a cheque.
Is there a way out to present that cheque in the court to file a suit and recover that money?
Plz. Help thanks in advance.
vinod bansal
16 years ago
Respected all members
please enlighten me regarding difference in between inquiry and trial and inquiry and enquiry.Thanx
Mukesh
16 years ago
What is the status of the above and when it is going to be notified?
Whether 498A will be rendered ineffective by the above amendment as reported by some persons and how?
thanks in advance for kind advice.
MUKESH
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Framing of charges
Dear ld counsels,
Is it possile for magistrate to add new sections and drop existing sections in chargesheet while framing charges.
The chargesheet doesnot reveal dowry demand or threat to life to complainint. Is it possible for magistrate to expand the charges based on statments given by witnesses (close family members of complainant). what is the procedure to be followed by magistrate in this case. also a summon order is also issued which has only ipc section 420 and 417.
Even after taking cognizance can the magitrate alter charges and rope in new accused.
Please clarify
Thanks