vinod bansal
08 July 2011 at 23:00
R/Members
Accused was arrested in a theft case and police obtained one day police remand from the court, in the same police station an another blind murder case was under investigation, accused suffered disclosure in theft case that he has also committed that blind murder,than Investigating officer of theft case handed over copy of this confessional statement regarding commission of blind murder to the IO of murder case and IO of murder case join the accused in investigation in murder case without permission of the court even also recorded his confessional statement in murder case via videography and thereafter after finishing of one day police remand in theft case ,police obtained five days police remand in murder case, whereas he was ordered to be sent in judicial custody in theft case, i want to know is this process is legal, without permission of the court police arrested and join investigation one accused in another case is it not a major fault in investigation, plz advice
Regards
Dr. MPS RAMANI Ph.D.[Tech.]
02 July 2011 at 21:30
In our Co-op Housing Society in Mumbai one member unauthorisedly converted his residential flat into a garment works. The Society went to court and the member accepted what he was doing was wrong. He also gave an undertaking before the court that he will revert and restore the flat as a residence on
or before 31-05-10. He also complied with the
undertaking on the promised date. But recently he has again started using it as garment works. His action amounts to contempt or defiance of court order.
Is this a cognizable offence? Can action be taken under Cr.P.C.156,190 or 192? If not how can the Society proceed in the matter?
Papanna
02 July 2011 at 19:04
Respected members,
my client sold a car to 'A' through a sale deed in 50 rupees stamp paper.
After two months again he purchased the same car through a sale deed in a 2 rupees document sheet. the same was notarised with the signature and thumb impression of 'A'.
my client paid all the money when went to collect the car then 'A' refused to give the car. The original RC book of the Car is with my client. my client had lodged the police complaint but the police showed no interest.
my quiries are :
1. What is the action that can be initiated against 'A'?
2. How to stop 'A' from misusing the car?
3. Any other remedy available for the above situation?
wifebetrayed
27 June 2011 at 19:54
http://www.lawyersclubindia.com/forum/CAW-POWERS-are-LIMITED-29090.asp
Is below statement till hold true, can girl side refer case to women cell after divorce peiteion is filed by her in family court on cruelty and dowry charge
It is made clear that CAW Cell has no authority to secure the presence of any person either by coercion or by threat. CAW Cell is only a conciliatory body where efforts are made for conciliation with the free will of the parties. If any person is not willing to go to CAW Cell, he cannot be compelled. It is also directed that CAW Cell, in future, instead of issuing summons to the parties shall send request letters asking them to appear for the purpose of conciliation and not for the purpose of investigation. The petitioner is at liberty not to appear before CAW Cell.
Rajesh
18 June 2011 at 22:40
in current citation of m.p.high court,gwalior banch
prashant pundhir
16 June 2011 at 22:38
Dear forum members,
One of my client was arrested by the police with 1.2 kgs Charas .
The commercial quantity is 1 kg and above .After weighing the material recovered ,police prepared two sealed packets of charas .One of them is of 950gms. and other one is of 250 gms. The packet of 250gms send to the laboratory and from them the it is mentioned in the report that the sended material was charas but there was difference in the original quantity .They found the weight of the sample just 110 gms.
Now on the calculation it comes out that the recovered material was less then 1 kg.in weight and which comes in non-commercial value .The maximum conviction for the non commercial value is 6 months and for the commercial value is 10 years .
In the cases in which the maximum conviction is less then 3 years,comes in the cateogory bailable .
Now my question is that on the ground,can I claim for the bail for my client ?If any member have any specific citration of supreme court then please tell me .
Thanks in advance .
prsmitra
09 June 2011 at 20:52
the learned magistrate refer the case Chief judicial magistrate court ton confirm the sentence imposed by him for payment of fine of Rs.20,000/- and 2 year imprisonment that the acused found more than quantity of the ID arrack.
plz give support judgement or decision for aruge the case before Chief Judical Magistrate Sec,75 of IPC shall be useful to me.
rajvinder singh
06 June 2011 at 18:08
sir when insufficient court fee is affixed on complaint under section 138,what is the procedure to take objection on it.the court fee is rs.50 required to be affixed and the complainant has affixed only rs.10.
avinash
06 June 2011 at 14:32
I am a senior citizen staying in a CHS since last 38 years along with my wife & daughter.
Recently there was some civil work being carried out by my immediate neighbor & on the floor above me. Due to the heavy duty work being carried out simultaneously in both the flats a slight hair line fracture came up on my false ceiling. I brought this to the notice of the managing committee vide my various letters from early this year, where no concrete action was taken against these two members.
As there was no response from the managing committee I personally visited the society office & requested one of the committee members to look into this matter. The managing committee then appointed the Jt.Hon Sec to look into this matter. On 25th Jan 2011 the Jt.Hon Sec along with a building watchman visited my premises n took stock of the situation. On 27th Jan he then shot out a letter to me stating that we are looking into the matter & will get back as soon as possible.
On 16th march 2011 I had gone along with my family to the cardiologist for a check up.When I returned at 9:30 P.M to our horror as I opened the door I saw that the false ceiling had totally collapsed & was on the support of the two fans which too could give way due to the heavy load on it. As it was such a catastrophe I called up the Jt.Sec to come and visit my flat & see as to how the entire false ceiling had collapsed due to his negligence. He did not attend the same night.
The next day I again tried calling up the Jt.Sec but he did not respond to my call and after some time called up on my daughters mobile & informed her that he was coming , to which my daughter requested him to come with the other senior committee members so that some timely & quick action could take place. He informed her that they would not be able to come & that he would be coming alone.
He saw the disaster caused & I brought it to his notice that had he taken timely action such a scenario would not have occurred due to which there was a heated argument amongst us. He then got very furious and very close to my daughter to attack her. Upon leaving he also threatened my daughter that see what I do…. The Jt.Sec in the mean time went to the police station & filled a N.C against my daughter & me for false allegation, misbehavior, physical handling & using abusive languages. In response I too filled a reply to the police for all that had happened as suggested by a couple of friends on emergency basis for which till today the police has yet not called upon me.
He later sent me a notice thru his lawyer for the same which was adequately defended by me & then again it was followed by another letter by his advocates asking for an unconditional apology from both of us. Which I again refused as it was my case before him & not vice versa.
Suddenly on 3rd June 2011, I again received a call from the area police station as to not to cause any disturbances with him by abusing him and I was asked to come to the police station. Upon a little inquiry from the officer in charge I was informed that the Jt.Sec had filled another N.C against me that I had abused him on the night of 2nd June 2011 @ 8:30 P.M. in the building premises & that he also has a witness to the same. I was shocked as the previous day from afternoon 2 P.M I was out of my house along with my wife & had returned home only @ 11:30 in the night.
I now want to find out as to why is the Jt.Sec putting false allegations’ against me? & what could be his future game plan? What is he trying to achieve? Now I have a fear that he could again try similar tactics to frame me & my family in some way. I would be obliged if you could guide me for the future course of action/precautionary measure to stop this menace.
God Bless
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326
Dear Sir,
My friend has been booked under IPC 326 after he had a street brawl. The injured person was befriendly with the DCP. The injured person got himself admitted in private hospital and on basis of this medical report from the private hospital got the case registered as a case of grievious injury.The medical certificate states a term as undepressed fracture, on which the police booked my friend under section 326. On checking up the medical reports with 3 to 4 private ENT specialists doctors it was revealed that such a term as undepressed fracture is a minor injury and the term fracture does not mean in real form as a crack to the nasal bone. They were of the further opinion that this injury was very minor in nature and fully curable without any further deformity or any future problems and the treatment required for such case would be normal not amounting to patient being admitted in the hospital and that the doctos reports were heavily influenced in the favour of the injured. After going through all this it looks like a set up. The police has booked my friend only on the basis of two letters, one from the X - Ray specialist and the second one from the doctor under whose care the patient had been admitted. No individual reference was made to the Government hospital for the verification of the report. My querry is whether such medical report is admissable in the court of law.
Secondly in such a case the police did not accept any statement from the accused, given that they were heavily biased.
Both the parties are not known to each other and the witnesses on the accused sides claim that the accused had been provocated and apprehended twice on the roadside by the injured to pull his car aside and settle the score and the injured person started the assault on the street.