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Advocate Umesh   31 July 2011 at 22:38

Negotiable Instrument Act 138

In a case I am Advocate of an accused. complainant is a bank and filed resolution, accountant extract etc. with ferist to prove his complaint. Is it mandatory on complainant to supply the copies of accused also. If yes under what sec. of CrPC or NI Act. pl.guide. thank you all my friends.

V.V.RAMDAS   31 July 2011 at 21:58

RE-examination of a witnesss by the I.O during investigation- its utility during trial

Dear Sir/madam

Can any body clarify me the re-examination of witnesses by the I.O during investigation - its utility to the defence during trai.

Anonymous   31 July 2011 at 21:01

Appeal maintainable before session court in a pvt crl complaint case against acquittal or not

R/Members
I want to know whether crl appeal against acquittal order of a magistrate in a pvt complaint case by complainant before sessions court is maintainable or not,kindly refer relevent provision.Thankyou very much

akash   31 July 2011 at 20:38

criminal lawe

Respected Sir/Madam,
please read the below given problem and do let me know your views,its very urgent.
Vicky was driving his car down the street. He became annoyed at the way another motorist, Tina. Vicky followed Tina to a shopping center where Tina parked her car. Vicky stopped his car and went over to Tina who was still sitting at the wheel of her parked car. Vicky said to Tina " You are a fool and imbecile and an idiot.you are not fit to drive a golf ball,let alone a motorcar". Vicky then punched Tina on the nose. Further violence was prevented by bypassers.what action can Tina take against Vicky.
This is a problem to an assignment
looking for early response,always solicited.
Thanking you
Akash Jindal

Advocate M J   31 July 2011 at 17:25

Government open tender.

Dear learned lawyers, this is with reference to an open tender advertised by a govt., institution where my client participated with 5 other tenderers in which my client was L1. AS per the terms and conditions of the tender it cannot be splited and whoever quotes for the full quantity of the tender is supposed to be considered, who quotes for partial quantity should not be taken into consideration. Hence my client who quoted for the full quantity had become L1. To benefit the other tenderer the tender was split and orders were released partially to my client and L2. My client had asked for the documentation pertaining to this tender under RTI Act after receiving the documents it is established that misappropriation in this particular tender has been done, so my client wants to file a case under section 166 and 167 of IPC. Kindly let me know that any other sections are applicable to file a case against the said govt., officials.
Thanks.

Anonymous   31 July 2011 at 17:01

clarification 2

summon server from a ps delhi went to my permanent address in search of me , that time i was informed by family member , then i talked to the summon server over my phone , he told ok i will meet u in delhi .

today i phoned summon server phone , he told he arrived today and told that he faxed to court and he will give me date to appear after knowing by tomorrow afternoon .

regarding that summon he asked ever u complained in that year in that p s . definitely i dnever complained . asked is it any mlc is there any mlc number mentioned there ? he told he couldnt find any mlc number mentioned in that summon .?( may be not visible ) .

he told by tomorrow afternoon he will check data in computer and will tell me date to appear and regard the summ what written there as per computer detail.

i called him and requested kindly tell me where to meet i will meet and get copy of summon so that i will get idea , bcoz i never filed any complaint in any ps .

i worked only 3 months period in that govt hospital and atteded mlc cases . i have mlc numbers of cases which i attended .

so queried is it mlc / any mlc number mentioned the server couldnt find any

only thing he told finally that no problem i will check in computer n tell u everything and also date for u to appear in court by afternoon tomorrow .

kindly guide me . what to do ?any way i wait for summ on servers call , if im not clear with information he give i tell him kindly tell i will meet get my copy of summ on or kindly come to me and give me .

f he tell date on which i have to appear on phone and other info as available on phone , while attend court can i get idea why i called ?

i didnt received summon copy in hand myself . summ server told he will check n tell all info and date as available so i can attend court . is it sufficient?

if it was regarding mlc attended by me then without reading summon / mlc or without mlc number i cant identify whether it was attended by me or not ?


please help me

Anonymous   31 July 2011 at 16:30

gold under husband custody

wife has falsely accused 49 pawan of gold under husband custody. what husband can do to prove he does not that gold with him.
what is Punchnama inu 498a and 406 case , what is the procedure and its importance.


eswaramurthi   31 July 2011 at 16:14

ni act

If upon mutual consent award passed at Lokadalath, then accused does not complies and pleads jmfc is having no jurisdiction only munsif court is having jurisdiction by filing EP, whether this argument correct?

Raviagarwal   31 July 2011 at 12:09

Matter of DV case

Respected sir,

I dont know how to continue a query on the same page plz guide.

My son was in professional course and was non working he had to travel and spending time 9 hours and college hours 7 hours so he remain unemployed.

before that he was in job and his wife is the nominee of the bank account which was opened for salary transfer.

but in court application and Affidavit she had mentioned Business, and income 80000/-
interim granted only on application 24000/-

my son submitted his appointment letter of before professional course of salary 15000/- and ID card and result of professional course in trial court but no use she considered the word of wife.

son received degree on 29-july-2010 and recieved court notice on 10-aug-2010. prayed to court to provide him some time so that he can join some job and can keep some lawyer but pray declined. son remain unemployed, fully mentally disturb and detoriated physical strength from 90kg to 57 kg wewe also admitted in the hospital as he lapse on the road.

he is ready to go in jail as he is saying if value of facts and evidences are not there and mere on the words if such a huge interim may grants better to go in jail, atleast he will get some mental peace there as wife is wishing him in jail through wrong words.

wife submitted distress warrant to sell property and recover ate amount of interim maintenance.

son told I will put the flat on her name the only property with us but expedite the matter but her lawyer saaid first clear your arrears and then proceedings.

he stopped going for searching jobs and applying as he set up his mind that no way left except jail then why to spent money for interviews and travelling. he loves his wife a lot but matter is entirely different.

hence this is the actual matter mere on words trial court magistrate grant huge interim and not given importance to facts and evidences submitted.

my son has submitted an application in district court that only evidence left with him to convince that he is unemployed to put him in jail and expedite the matter and completes before he dies due to starvation or mental disturbance.

thanks in advance

Anonymous   31 July 2011 at 09:55

Land Related FIR - Pls. Help

Dear Experts,

Your help and guidance is highly appreciated.

My story starts from piece of unclaimed land(few years back it was part of water channel now its dry land for more than 20 years) which we have been using for various purposes over course of last 20 years. We have big plot which shares border with this unclaimed land. A year back we had ploughed this unclaimed land and merged in our plot. Recently one morning out of blue moon, the neighbor(2 brothers, 1 of them lawyer by profession) on the other side of the unclaimed land started fussing about it and started asking for half share in the land and started intimidating us by using abusive language. In the middle of altercation one of them came forward and started hanging on my hips and in the defense I kicked him hard because of which he fell down on the ground and he broke his ribs. I was up against 5 of neighbors family initially but later other people of village came and stopped the quarrel. I stay with my wife in the village after retirement. My kids are all in job but are in different locations. After this they left the site but went and logged FIR against me under 341/323/325/506.

In the past we had helped this family financially with50,000 to get through urgent medical expenses. Looking at all the scenarios it appears that they had planned to have fight with us and do FIR somehow to avoid payment of Loan money back.
Being really naïve about the court and FIR I need your expert advice on what should be my next step.
What counter case I can put against them if yes then what should be the charges?
What additional case I can put to get my loaned money back?
He himself have merged big chunk of unclaimed land which was kind of play area for kids in the village can I file complaint against him for the same? If yes then under which IPC?