james
12 August 2011 at 15:23
After investigation police filed charge sheet. trial started and some witnesses examined.police intimated the court that they are conducting further investigation.Examination witnesses continued by the court despite of the application to it.An additional charge sheet is filed after further investigation.Which charge will prevail?What is the effect of the examination of witnesses already conducted?Support your answer with rulings.
Anonymous
12 August 2011 at 14:37
MY YOUNGER BROTHER WAS RUNNING A RETIAL SHOP. HE BORROWED LOAN FROM MARKET,KNOWN,RELATIVES ETC. OUTOF SOME ARE ON VERY HIGH INTEREST RATE. HE GIVEN THEM BLANK STAMP AND BLANK CHEQUE. NOW PRESENTLY HE WAS MISSING. WHAT CAN WE DO AGAINST THEM TO PROTECT BROTHER.
Anonymous
11 August 2011 at 23:58
My brother is an NRI, settled in UK since last 16 years. Three months back he visited India on his vacations for 20 days. My uncles with whom we are fighting several cases on land and property, knowing the fact of my brothers visit after three years in India, Lodged a false police complaint against him along with my father and my two brothers.
Police understanding the motive of my uncles, cleared my brothers name from the complaint and forwarded the case to the SDO u/s 107 against my father and my two brothers.
Since there is lots of things written on the news papers also regarding the matter which effect the repo in the society also.
My brother returned UK after few days of filling such false case against him.
Could you please let me know-
1. Can we file Damage & Defamation case against my uncles for such false case against my NRI brother.
2. If yes where we need to file such case ?
at the District were my Uncles lodge police complaint or in our district or at UK ?
3. Will my brother need to visit India to file the DD case or any other alternative is there so that he need not to visit India.
4. what other best alternative available with us so that next time no one would dare to lodge such false police complaint against him in his next visit to India.
Dineshwar Singh Kaushik
11 August 2011 at 22:57
Dear Experts,
What is the procedure of punishment in juvenile justice Act.
Dineshwar Singh Kaushik
11 August 2011 at 22:54
Dear Experts,
Is there any citation of Supreme Court that sec 380 of IPC is not applicable in case where informant and accused are living in a common house.
Shailender Bali
11 August 2011 at 22:37
I joined a company and worked there for 22 days. There was no appointment letter, no documentation but they paid me a cheque of Rs. 5200/- for 13 days working till July 31, 2011. The cheque was paid on 6th August and I deposited it on the same day. I told them on 8th August that I will not be continuing and my last day with them was 9 August,2011. They stopped the payment of cheque of Rs. 5200/- . I did not get any payment for whole 22 days. Is there any legal remedy available to me? How can I proceed ? The purpose of legal recourse is not the realisation of the amount but to teach them a lesson to not to underestimate the dignity of any employee. I have worked there for 22 days, Do i have the right to claim the payment. Please advice.
AMAR RANU
11 August 2011 at 17:33
Can a substituted/replaced representative on behalf of a corporate body in a private criminal case reappear before the same court and file a application u/s 302 of Crpc to represent the same case in his personal capacity?
If yes or no,kindly quote the authority.Whether such type of duel prosecutors are allowed simultaneously under the law in a same private criminal case?
Kirtiman Kohli
11 August 2011 at 12:48
Sir,
I had bought a property in 1995 which later turned out to be disputed. Now, the other party has charged me with section 145 crpc. They have put in a case on 29/4/11 of an incident which occurred on 6/4/11. I received a letter on 23/7/11 about the following and that they SDM had called me on 25/7/11. Now, the SDM has decided the date of hearing to be 25/8/11. So what can be done till then? Is the section 145 valid for over 2 months? Or can I put a civil case so that the case of section 145 can be quashed? Please guide me about the same. I will be highly indebted.
Thanking you
Your's faithfully
Kirtiman Kohli
dev kapoor
10 August 2011 at 23:25
Once I was dealing a case of 'forgery'.Mr.Bhalla,a Handwriting expert belonging to Punjab was to be examined.As soon as he appeared the witness box & before it the routine examination-in-chief started Mr. Bhalla said, of course,after oath, " I am an EXPERT because.." he stated his qualification (i),(ii) (iii)...,I have been in Govt service for the last 20 years,I have appeared in different courts of the country in various cases as Handwriting Expert in more than 200 cases since......My opinion has been admitted by various courts of the country & decision made on them.Among other cases my opinion was upheld & appreciated in Pratap Singh Kairo's case even by Supreme Court reported in AIR.... & he referred many other citations where his expert o[pinion was upheld and...... So I call myself as " Handwriting Expert".Then he made deposition followed by cross-examination.... !
Before We claim Expert,we better take a cue from Bhalla's example.
Many answers are given by our dear Experts but only superficial.KNOWLEDGE KNOWS NO BOUNDS.Let us tell others,no matter even if they are adversaries,if we really mean that 'we are experts'.A little search would make you Distinct.. Keep it up !
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F i r
Statement of victim
I declare before you that I live with my family I failed in ssc so I left the study since the two years. My fathers is servicing in gov. department I have two brothers and two sisters the mairrage has been taken place of my elder sister.
I know accused since last year we met single time in the year he got attraction at the my side. I did not like to keep any kind of the relation with him.
On the last dated 06/02/94 when gujarati movie namely jay randalma was going on tv and on that time I was watching tv with my family it was the day of Sunday. At the 06-30 I came out from the my house because the hens came out from the cage and was wandering in the house so for the arrange them I came outside. I came out at the side of the colony on that time I saw the accused having with him suitcase who called me I understood that he might have work of me so I went near him so he informed me that you come with me I would like to marry you. So I denied so he informed me that if you do not come with me so I will blame to you in the colony that you r in love with me. I also infamous your parents. He was threatened to me with such type of indimitation so I fear and due to this reason I went at the side of the road where the another accuse no-2 was there on that time a rickshow passed accused no-1 instructed to me to sit in the rikshow so I followed his order with fear . The accused no-2 was also with us. On that it was the 7-15 of evening .accused no-1 paid double rent to rikshaw driver. From there we reached at the city of Rajkot by the tanker and then went at ahmedabad by travels and stayed 2 hours at the bus stand.
Then in the morning at 6-00 ahmedabad to reached at mahuva in the st bus. And from mahuva to saraswani reached where the work was canal going on. At there the accused no- 1 was working. I stayed canal nerby the home. Till that time the accused no-2 was with me. After that in the village of work was not so accused no-2 went at ghodasar village and instructed to us to marry. In the the other 2 persons were working mr x and y who used to go at the work on the day on the time I was alone full day at the home. I and accused used to sleep in the same room at the night. While the other used to sleep outside the room. As I and accused no-1 alone in the room he threat to me and did intercourse with me by force against my will. But due to the fear I was unable to say no to him. He informed me that tomorrow we shall go at office of the lawyer and we shall get married.then he used to go at work daily. And in the night same incident always happened. And I due to the ferar unable to say no to him.
On the next day he went to take advice of lawyer and returned at the noon and informed me that we have to go court for the mairrage and again intercourse with me at the night.
On the very next day we went at the court time and stayed in the guest house but due to the my birth day was 2-03-06 in the certificate and at the date of 12-2-94 I was minor so lawyer denied to register mairrage to us and on that time after some time suddenly father of accused no-1 and 2 came and came and caught us and take at the police station I gave consent to the doctor for the medicaleexamination and I loged the complain before the police
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NOTE :- AGE PROOF IS SCHOOL REGISTER
MEDICAL REPORT IS LIKE THAT possibility of intercourse can not ruled out
No any external injury mark on the body
This is the fir as I understand consent is there then also requested to put cross questions comments and any thought which comes in the mind of my all learned friend on behalf me regards