anonymus
06 September 2008 at 20:04
dear sirs,
please let me know whether the subordinate courts viz magistrate and munsif courts have power to take action under the contempts of courts act or only high courts and supreme court alone can take action under the said act?
please reply soon as i am facing a problem in a munsif cum magistrate's court.
Ladhu Ram Chowdhary
05 September 2008 at 19:23
under secs. 203,170 & 265 rajasthan municipallities act, 1959 private person have locus standi for complant against any person?
KANDE VENKATESH GUPTA
05 September 2008 at 16:50
Father of my client was charged with the murder case and he was remanded to judicial custody and kept in jail. The trial was concluded and he was found guilty of the charge and sentenced to life imprisonment. Subsequently, while undergoing treatment, he died in the hospital while undergoing treatment. The jail authorities did not inform about the treatment to my clients who are wife and children. On receipt of information, Suo Moto case was registered by the Human Rights Commission, in which notices were served on my clients. In the report submitted by the Jail Superintendent, it came to light that, even before commencement of trial, father of my client was suffering from psychological disorders and he was being given treatment in the mental hospital. The factum of suffering psychological disorders and treatment in the mental hospital was not brought to the notice of the Sessions Judge by the jail authorities. In the above back drop, Whether the trial is vitiated and consequently the conviction and sentence is illegal as the trial is conducted against a lunatic? Whether my clients can claim compensation from the Government for lapses on the part of the Jail Superintendent?
N.K.Assumi
05 September 2008 at 07:58
Is human blood a drug under section 3 and 18 of the Drugs and cosmetic Acts 1940?
Ladhu Ram Chowdhary
04 September 2008 at 22:15
There is bar u/s. 190 cr.p.c. that once the process is issued against some accused, on the the next date, Magistrate cannot issue process for some other person against whom there is some material on record but his name is not included as an accused in the charge-sheet?
lawyers friend
04 September 2008 at 18:54
SIR I NEED ALL OF YOUR'S HELP AND VIEW IN THIS MATTER.
AS BANKS FILE CASE AGAINST ME U/S 420,406 CR.P.C(PERSONAL COMPLIANT NOT THROUGH POLICE i.e.FIR) IN CHENNAI AND COURT ISSUE NBW AGAINST ME IN FIRST INSTANCE .
AND
CIVIL SUIT FOR RECOVERY OF MONEY IN SECTION 37 C.P.C IN DELHI.FOR SAME CREDIT CARD ACCOUNTS IN THEY FILE CRIMINAL CASE ALSO.
AS PER BANK OFFICIAL THEY FILE CASE FOR FALSE DOCS. GIVE FOR CREDIT CARD APPLICATION. AFTER USING CARD FOR 4-5 YEARS AND MAKING PAYMENTS ON TIME.
NOW TALK SOME LAWYERS IN DELHI.
THEY SAYS:
1.BANK CAN'T FILE CASE U/S 420,406 AGAINST ME BECAUSE I USE CARD FOR LONG TIME ANY PAID REGULARLY.SO CHEATING AND CRIMINAL TRUST OF BREACH.
2.BANK CAN'T FILE CASE IN CHENNAI AS I TAKE AND USE CARD IN DELHI IT SELF.EVEN IF BANK HEAD OFFICE IN CHENNAI THEY CAN'T DO THAT.
3.BANK CAN'T FILE 420,406 TOGETHER AS BOTH ARE SOME.ALMOST SAME.
4.I SHOW SOME NEWS ARTICLES AND NEWS REPORTS OF HC OF CHENNAI THEY SAID THIS NOT MUCH HELP ME.
NOW I NEED YOUR ADVICE WHAT IS MY COURSE OF ACTION AND ADVICE FOR MY CASE.
WHAT STEP I NEED TO TAKE?
QUASH ON JUDERICATION BASIS.
QUASH ON HC RECENT ORDER BASIS.
ANY OTHER STEP I NEED TO TAKE,
NEWS ARTICLE:
1.
The judgment of the Madras High Court quoted in the news report below could help you in criminal cases.
_______-
Keep off civil disputes, HC tells police
It Will Only Result In Huge Pendency Of Cases: Judge
A Subramani | TNN / TIMES OF INDIA, CHENNAI 13 July 2008
Chennai: Can criminal proceedings be initiated for issues concerning credit cards, personal loans, housing loans, hire-purchase schemes, default in payment of instalments and cheque-bounce cases?
No, is the Madras High Court's emphatic answer.
Neither the judicial/metropolitan magistrates shall entertain any private complaints from corporate firms in this connection, nor shall the police register criminal cases against persons concerned to please their corporate complainants, said Justice R Regupathi.
Not stopping with that, the judge directed the high court's registrar (vigilance) to compile state-wide statistics on the number of private complaints lodged for these civil disputes, and the orders passed by the magistrates concerned.
Narrating the novel system adopted by private financial institutions/banks, the judge said they file private complaints before magistrates and secure an order directing the jurisdictional police to register a criminal case and carry out investigations under Section 156(3) of the CrPc. Despite the fact that the dispute is civil in nature and the police are under no obligation to register any case, police personnel contact the persons and intimidate them to repay the credit card payment or personal loan or hire-purchase amount due to the bank.
Citing two specific cases that came up before him, Justice Regupathi said in both cases though there was nothing to investigate, the magistrate concerned, "with oblique motive to convert a civil case into a criminal case," directed police to register a case and probe.
CURBING ABUSE
Magistrates asked not to entertain private complaints
Police not to register criminal cases in such complaints
Erring magistrates warned of stringent action
HC registrar asked to compile statistics on number of private complaints
Also asked to report on the orders passed by the magistrates concerned
Banks using police to harass defaulters: HC
******************************************
also in "judgement of the Supreme Court" wherein it has been decided that the NBW could not be issued at the first instance. It had to be preceede by summons and a bailable warrant.
2.
latest judgment of chennai high court on criminal cases file by banks:
Friday, August 22, 2008
HC: Don't refer civil nature for police investigation
“Transfer cases of civil disputes to Hi
N.K.Assumi
04 September 2008 at 08:57
Can accused argued for his bail in the court?
ankit gupta
03 September 2008 at 23:29
problem:- a car hit a wrongly driven scootor (carrying 3 person drunk), after that somebody calls the cop.the injured are admitted to the hospital by the cop.
the I.O. even after 4 days if the accident does not registers any FIR and has impounded the impugned car.on asking to him he conveys to the owner of the car that two of the person are normal and deny to take any legal action but on the other hand one person among the three is still in the hospital so he(I.O) is waiting for him.
if i am the car owner what actions can i take against the I.O.,what are the legal provisions regarding the same as he is not registering the case nor is ready to compromise.
also tell what practically canbe done in this kind of situation ,say shall we wait or should we adopt any other remedy.
regards
ankit gupta
VIKAS GARG
03 September 2008 at 16:03
As we know that causation is one of constituents of any offence. Means offence must be caused due to act or omission of offender. Offence may be done directly (by causing some act and omission) or indirectly by abetment (by causing some act and omission).
Just read illustration (b)of section 299 of ipc, which is as follows:
(b) A knows Z to be behind a bush. B does not know it A, intending to cause, or knowing it to be likely to cause Z's death, induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide.
Just read another illustration (f)appended with exception 2 of section 300 of ipc, which is as follows:
(f) Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending to take advantage of B's rage, and to cause him to kill Z, puts a knife into B's hand for that purpose. B kills Z with the knife. Here B may have committed only culpable homicide, but A is guilty of murder.
Just read one more illustration appended with exception 5 of section 300 of ipc, which is as follows:
A, by instigation, voluntarily causes, Z, a person under eighteen years of age to commit suicide. Here, on account of Z"s youth, he was incapable of giving consent to his own death; A has therefore abetted murder.
Now my question here if these illustrations are correctly appended with respective provisions then how abetment is different with direct causation. Don't you think the circumstances given under these illustrations of section 299 and 300 of IPC should come under the topic of abetment?
Please help me to get rid of this confusion.
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Abolish Death Penalty:
Should India abolish Death Penalty?
But deterrent theory with death penalty has no effect in controlling the acts that you mentioned? As long as poverty is there in the country death penalty will not control all those acts?