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basant singh   06 June 2011 at 07:03

Custody period

Dear Sir/Madam,
I want to ask query that if a person is convicted in IPC 306 and punished for five years jail then how much time period he has to spent in jail? two and half year according to day and night or more?

varinder   04 June 2011 at 15:41

can i file a writ against order of lokayukta, haryana

i have filed one complainant against i.o inquiry report 1. how the enquiry officer known that the complaint is civil nature can he explain 2 how the enquiry officer wnet for investigation without lodging first information report out of the state 3. how the enquir5y officer disclosing the statement that the complaint been informed who had done crime and the complainant given statement to him that he will look at its own way there is any proof of such statement with the inquiry officer if no how he had given the said statement from his own 4 how the enquiry officer say that the matter is of mohaili punjab how he is giving the said statement whether the enquiry officer had fully complete the enquiry from where it will be prroof that this crime is of mohali not of ambala cantt 5.if anyone underground the cheque of the complainant from his house at ambala cantt and complainant do not know and same been used in another state where the jurisdiction will be at that place where the accused had used the said cheque and cheated the complainant. instead of giving the grievance the lokayuka had favor the respondent and had passed order against complainant that the complainant had filed false case as i had enclosed the proof of the i.o report received through rti kindly help me can i file writ petition against the order of lokaukta in how many time i can file a writ petition before the Punjab and haryana high court Chandigarh

R J PRAKASHAN   02 June 2011 at 16:24

Plea bargaining

The manager and occupier of a Factory who have been accused of an offence under the Factories Act, if pleads guilty and accepts the penalty, will it be a CONVICTION in stricter terms thereby imputing a criminal liability on them.

L R Sharma   01 June 2011 at 17:48

Criminal Proceedings U/S 9A and 9AA of CE act

Dear Experts,
I need the guidance for criminal prosecution proceedings initiated against my client in a JMIC court by Central Excise deptt. Please suggest the rulings and precedents by High Courts/ Supreme court of India.
Under what circumstances the proceedings can be quashed?


Regards, L R Sharma,Advocate

L R Sharma   01 June 2011 at 17:43

Criminal Proceedings U/S 9A and 9AA of CE act

Dear Experts,
I need the guidance for criminal prosecution proceedings initiated against my client in a JMIC court by Central Excise deptt. Please suggest the rulings and precedents by High Courts/ Supreme court of India. Regards, L R Sharma,Advocate.

Arka Foundation   29 May 2011 at 21:37

Who is IO in 498a DSP/SHO/IO

Who is IO in 498a DSP/SHO/IO based on the citation

Crl.OP.No. 32871 of 2004 And CRL.M.P.NO.10462 OF 2004 AND OF 2005) which states who can investigate a 498A case:

if so, can i recommend my clients to go 4 quash placing this citatiaon on reliance.


Brief of citation

oficers With Authority To Investigate 498A Cases:
a myth that officers of the rank of DSP are the only ones empowered to investigate 498A cases. Here is a g from the Chennai High Court

Crl.OP.No. 32871 of 2004 And CRL.M.P.NO.10462 OF 2004 AND OF 2005) which states who can investigate a 498A case:

“The further contention of the learned counsel for the petitioners that the investigation should have been done only by the Deputy Super intendent of Police who is defined as police officer under the Rules and not by the Inspector of Police, cannot be countenanced. The Rule is a subordinate legislation and the provisions under the Criminal Procedure Code give full power on the Inspector of Police to proceed with the matter and apart from that, the definition for Police officer would clearly reveal as submitted by the learned Public Prosecutor that nowhere there is a prohibition that below the rank of Deputy Superintendent of Police shall not exercise the power to investigate the case and hence the contention of the learned counsel for the petitioners in this regard cannot be countenanced.”


Please answer..

satya gaud   29 May 2011 at 16:40

Proving CCTV Footage

Hi
this is satya, I am a practicing advocate at Mumbai, i have an occasion to see one trial before sessions court of robbery case, in such case prosecution was heavily relying upon the footage of the CCTV images wherein prosecution was claiming that accused images were captured by CCTV and such images were converted into CD and prosecution wanted to play such CD in the court premises which was part and parcel of Charge sheet further the copies of CD were also served to the accused as per compliance of section 207 of Cr.P.C., it is noticed by me that presiding Hon'ble Judge was not inclined to allow to play that CD in court on lap-top and insisting the prosecutor to show the procedure in Cr.P.C. and Bombay High Court Criminal Manual pertaining to prove such electronic documents/articles as per the legal provisions.
Now my query is that whether a CCTV images (in CD form) can be played before the court of law and to what extend such documents/articles are admissible in evidence and if yes what all the necessary provisions and legal procedure for proving such electronic articles in the trial court, with relevant citation, if any....suggestion and answers would be highly appreciated....

Regards


Adv Satya Gaud

Ajay Kumar Reddy   29 May 2011 at 09:48

What is the procedure for 340CRPC application

Thnak you very much all expert to suggest me and give me the valuable advice to me. Shri Bhupendra sharmaji u have told the Judgement of apex court to this effect that it should be decided after the evidence is lead in respect of the same. More so the discretion has to be exeercised in judicial manner not in arbitrary manner as suggested above. Can you please provide me that judgement because it is very much urgent and valuable for me. Ajay Reddy

Anantha Sowrya   16 May 2011 at 11:51

Accused have right get exhibits

Dear Seniors,

Does the accused have the right to receive POLICE Diary and exhibits of the evidence collected from the complainant without RTI.

or

What does the accused have right to get from the station except Case Diary.

B Guru Murthy   13 May 2011 at 13:42

Any such DP Rule?

Dear Ld. Members

the below quoted rule is of
DP Rules - Tamil Nadu .

"as per rule 5(X) of the Dowry Prohibition Rules, the Dowry Prohibition officer should ascertain the genuiness of the complaint"

Any such rule for DP Rules in AP

pleases can anyone let me know in this regard as there is now dowry taken in my case.