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Ranganath   24 April 2009 at 13:11

Traveling abroad while on AB

Is mandatory to take permission from High court to travel abraod while on Anticipatory bail. The AB was ordered more than 6 months back and the accused have attended enquiry once, which was also 6 monts back.

However, The bail order does not impose that restriction.

Ranganath   24 April 2009 at 13:09

Traveling abroad while on AB

Is mandatory to take permission from High court to travel abraod while on Anticipatory bail. The AB was ordered more than 6 months back and the accused have attended enquiry once, which was also 6 monts back.

However, The bail order does not impose that restriction.

Adv. Mohan Chandra   24 April 2009 at 11:28

Complainant has been regularly absent for proceedings

I have asked for opinion on above subject earlier and would like to have some clarification on the new development.

Due to continous absence of the complainant for cross the Honourable Magistrate first penalised the advocate of the complainant and then finally closed the cross.

Recently the complainant put up an application to the Honourable Magistrate that the complainant was attending some urgent matter in Supreme Court on the day and hence could not attend the court for cross examination and the earlier order be cancelled the Honourable Magistrate has asked for my say on the issue.

Subsequently I have put an application for copy of the Rojnama to prove my point that the complaiant has been regularly absent for most part of the proceedings and the particular date was not an exception, further I have checked with the cause list available on the net and have found that there were no issues particularly concerned with the complainant on the particular day in Supreme Court.

I wish to bring the above facts to the notice of the court. Kindly advise on further course of action I should take and if the above steps taken by me are correct.

Mohanji

AMIT TANEJA   23 April 2009 at 12:57

your kind advise needed

If a person with the intension to thread someone carries a pistal with him to his house. but in a heated conversation fire a bullet on the plaitiff who in order to save himself jumps from the balcony and bullet so fired hit him on his leg . THE ACCUSED ALSO FIRES ON THE DAUGHTER AGED 7 AND 9 AND WIFE TO INSURE NO EVIDENCE IS LEFT .

There after the defandant drages his body and hide in frige because of which the plaintiff dies .

now under wt sec the defandant is liable ?

wt sections can save him ?

wt to know the legal posiion of both parties
I HAVE A MOOT COURT AND I WANT TO KNOW HOW TO PRESENT THE CASE
IMEAN
1 FACTS
2 OTHER FAMOUS JUDGEMENTS TO SUPPORT MY CASE
3 UNDER SEC THE ACCUSED SHD BE HELD LIABLE
5 PUNISHMENT PRAYED
THATS ALL OR WHT ELSE

IF ON PROSEUTION CAN I GIVE EXAMPLES OF
1 TANDOOR CASE

2 KHAIRLANJI DALIT MURDER CASE

3MADHUMITA MURDDER CASE

IN ALL THESE CASES ACCUSED WAS GIVIN LIFE IMPRISEMENT

Shashwat Shukla   22 April 2009 at 22:30

Sec. 304 IPC

Hi Experts,
I hv a case in which the complainant's son had illicit relation with the wife and mother of the accused applicants (one is husband and another her son. the complainant said several time to his son to stop the nefarious act but his son did not listen the complainant (It is also mentioned in the FIR). on 17/10/08 at 11:00PM, the deceased went to the house of the accused applicants and at that time the applicants came there from Bangalore and seeing the deceased and his wife/mother in objectionable condition; they became angry and started abusing and beating the complainant's son with danda and bricks.Further after giving first aid in the house of the complainant, they were ready to go to the Hospital with the assistance of gram pradhan and in the meantime his son died at 4:00AM in the morning. the FIR has been lodged on the next day i. e. 18/10/08 at 8:30AM. Kindly assist me what argument i have placed before the court and if any ruling in support of the case u want to refer?

Vivek Shukla   22 April 2009 at 09:27

Bail Application

Hi people. I need a format of bail application for a non-bailable offence, can someone help me?

R_RTM_JAIN   21 April 2009 at 20:58

use of fake seal of police

dear sir
if somebody is using fake and forged sal ofpolice department on various documents then what kind of action can be taken agaist him and by whom ? and with which aothority case can be registered ?

again can police suomotto take any action against such person on the basis of some news published in the news papers ?

AMIT TANEJA   21 April 2009 at 18:33

NEED YOUR ADVICE IN A MURDER CASE

If a person with the intension to thread someone carries a pistal with him to his house. but in a heated conversation fire a bullet on the plaitiff who in order to save himself jumps from the balcony and bullet so fired hit him on his leg . THE ACCUSED ALSO FIRES ON THE DAUGHTER AGED 7 AND 9 AND WIFE TO INSURE NO EVIDENCE IS LEFT .

There after the defandant drages his body and hide in frige because of which the plaintiff dies .

now under wt sec the defandant is liable ?

wt sections can save him ?

wt to know the legal posiion of both parties .

d.prabhakar rao   21 April 2009 at 18:27

appeal

a person lost case in lower court and went for appeal in highcour.what is the next proceedure

A.Mohamed Thaheer   21 April 2009 at 11:29

Is it misapproriation of Govt. money under section 13 (1) (c

Examine the following case for opinion.

"A" & "B" is Govt. Department and Quasi-Government organisation respectively.

One A/C machine was borrowed from the "B" Department officially on loan basis for office use in "A" Department.

While the machine was in use, it had undergone major repair.

The estimated cost for repairing was around Rs.11,255/-.

The matter was intimated to the "B" Department orally for carrying out the repairs. But,there was no response.

Then, "A" Department had carried out the repairing works at the cost of the "A" Department with the approval of the Superior Officer.

The amount was settled in full Through the Government Treasuries to the firm directly through DEMAND DRAFT.

But, after knowing that the repairs were carried out by the "A" Department, "B" Department has also paid the same amount to the directly through demand draft for which "A" Department had no knowledge.

While the Vigilance officials were conducting inquiries about some allegations in the "A" Department, the firm who got the second payment from the "B" Department" has returned the money through cheque, and this amount was also recieved back by the "B" Department without any objection and settled the matter.

In the mean time, the Vigilance officials had filed one FIR stating that double payment were made for a single repair, thereby, the officials of the "A" Department had misappropriated the said amount in collusion and charge sheeted for the offence under section 13(1)(c) of the Prevention of Corruption Act, 1988, read with section 34 IPC.

Please, read the case very carefully and decide whether any ingredient of the offence of misappropriation is made out in the above relevant section.

If no, what legal action could be taken against the police officials.

At present, the high court has stayed the proceedings in the lower court, as there is no primaficie case is made out in the charge. Govt. has not filed counter so far.

Please discuss and come to the forum for further clarification, if any needed.