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Manoj   20 July 2009 at 23:38

Can 3 summons became a warrant ? Expert advice required.

First of all, this is very fantastic help you guys are doing.

My Question : If somebody is not present for continuos 3 summons then court can issue a warrant? What if the Police it self does not come to house and say person is not in his home for 3 times and then ask court for warrant?

RAJ KUMAR   20 July 2009 at 23:14

CR PC 340

IN THE PROCEEDINGS OF THE CHARGE SHEET TO BANK EMPLOYEE, SOME FORGED DOCUMENTS WERE USED ON WHICH THE CHARGES WERE LEVELED AGAINST THE EMPLOYEE. CAN THE EMPLOYEE USE THE CR PC 340 AGAINST THE PERSONS FRAMING THE CHARGES, ATTESTING THE DOCUMENTS AS GENUINE AND THE PERSON PRESENTING ON BEHALF OF THE BANK BEFORE THE ENQUIRY AUTHORITY. HOW THIS SECTION CAN BE USED BEFORE THE ENQUIRY AUTHORITY.HAS ENQUIRY AUTHORITY THE RIGHT TO REFER THE CASE BEFORE THE JUDICIARY. WHAT ARE THE REMEDIES TO THE CHARGED EMPLOYEE OFFICER.

PRAKASHCHANDRA MARU   20 July 2009 at 22:43

M CASE

HELLO ALL LEARNED
MY CLIENT LODGED COMPLAIN OF SEC 500 OF IPC BYTHE WAY OF M.CASE NOW QUESTION IS THERE BEFORE THAT ANOTHER LAWYER NOW I HAVE TO REMAIN PRESENT ON BEHALF OF THE COMPLAINANT LADY SO I HAVE TO TAKE CHIEF OF EXAMINATION OF THE COMPLAIANT DUE TO PRIVATE COMPLAIN AM I RIGHT ?
THANKS IN ADVANCE

vinod bansal   20 July 2009 at 22:42

cheque presented after six month

R/Members
I presented a accout payee cheque for payment in my bank account within six month of date mentioned on the cheque but negligently my bank present the same for clearance in the bank of accused after passing six month period & bank of accused dishonour the cheque by mentioning two reasons, 1. Time barred 2. funds insufficient.now what remedy is available to me as i am not in fault,its fault of my bank.plz help..Thanx in advance

ankit gupta   20 July 2009 at 22:14

prison

dear reader,


i want to know that what is the procedure to view the tihar jail.i want to know that can any one visit it or there is some kind of special permission which is to be taken.

please tell me all relevant information in this context.


thanks

regards


ankit gupta
9891803682

Ranganath   20 July 2009 at 20:19

Mens rea in cheating cases

Ld counsels,

If the charge sheet doesnot reveal the intension to cheat, is the court correct in issuing process/summons under section 420/417 against accused.

Is mens rea (as popularly mentioned in amy judgements) a required ingredient for cheating cases.

Please clarify.

Thanks

Ranganath   20 July 2009 at 19:24

Quash or discharge

Ld Counsels,

Which is a better way to challenge a charge-sheet in a magistrate court. Should I try Quash or Discharge. The nature of accusations are not grave. Prima facie the case appears weak.

Also is it required for the accused to be present in court during the hearing
for discharge petition in a warrant triable case. The case status is summons have been issued for first appearance.

Kindly let me know if migistrate has powers to add more section even after
charge-sheet is filed.

Please clarify.
Thanks

ad. creaminall   20 July 2009 at 11:06

negotiable instrument act

on behalf of complainant >>> a complaint filed against a partnership firm and one of its partner who was the signatory of the cheque. after filing of the complaint and after the cross examination of complainant was complete the accused partner is expired. now i want to brought the other partner on the record to represent the firm. how can i do? and under what provision? pl. give me citation for the same if available.

Ganesh   20 July 2009 at 09:52

IPC 307

A person was arerested under S307 of IPC, presented in the lower court court granted judicial custody. Accused made an application for bail in sessions court. Sessions court made a bail order with a condition that the accused has to attend the police station every day. No specific order as to the attendence is upto filing of the charge sheet. Order executed by the lower court. Presently the chargesheet is filed in the lower court.

When Will the lowr court transfer the chargesheet to the sessions court?Is there any time limit?
Does the accused have to follow any particular procedure for transfering the chargesheet from the lower court to the Sessions court?

Rajesh   19 July 2009 at 18:20

Minor accident .. but FIR logged against me

Hi, few days back I was going on national highway within a city limit and it was raining heavily. Suddenly a car in front of me stopped, I applied my break but as we were going 40-50 km/hr speed in the fast lane but I banged on the front car. Fortunately nobody injured and we came out of car we stayed there for sometime and then taken each other’s no. and decided to meet later as it was office time, we decide to meet and decide cource of action. But the guy called me next day and said it will cost him 15K-20K to repair his car and I need to pay it. I said I am not responsible for accident and if you still want you can claim from my third party insurance as he was not having his comprehensive policy.
So for that there was requirement of filing FIR, he called after 2 days and said he logged FIR against me. Now what should I do ? Should I go to police station ? should I ask him where he logged FIR and go to that police station? should I wait for the summons ? Please advice.