Anonymous
08 July 2011 at 14:45
hi ,
my friend has a case against him under 419,420,471 and passport act.he got duplicate immigration stamp in his passport.he had been in jail for 2 months and now out on bail.he is getting an offer to work in abroad.he has a fresh passport also.is it possible for him to go out of india with the new passport?he will attend the court if he gets summon.can anyone help him?his old passport is in court.can he go abroad with the new passport?
Anonymous
08 July 2011 at 14:14
I was in possession of an apt in gurgaon. I filed a suit for specific performance against the owner stating that he should accept the balance money owed by me per sale agreement and give me title. I received a status quo order restraining the builder from alienating the property. That order granting status quo got vacated and the builder sent some goons immediately and forcibly took possession and stole all my furniture/ fixtures/ appliances etc. I filed an appeal and the vacation judge ordered a local commissioner to report. The police refuse to register an FIR as the builder is influential. The courts are on vacation. My possessions were insured but the insurance surveyor cant assess the damage because the goons wont let him in. What can I do? Can any lawyer help me get an FIR registered? My civil lawyer says that there is not much he can do. The case seems hopeless and all the money I gave is also now lost.
Anonymous
08 July 2011 at 11:48
It is a fundamental principle of law that any penal provision has no retrospective operation but only prospective. Case any support the above mentioned.
What is the meaning of Punch Witness.
Failure to Register FIR would invite Contempt of Court charges? case any support the above mentioned.
Anonymous
08 July 2011 at 11:40
Actually Difference between Quash Petition or application & Discharge Petition or application. As we known that the only HC has the power to Quash the application or petition under section 438 of the Crpc, 1973 but section 227 of the crpc, 1973 is governed for discharge application or petition.
The basic difference between quash & discharge.
For Wrong FIR against the person than he can approach the HC Under section 438 of the Crpc, 1973 for quash of FIR popularly known as Quash Petition. But Discharge Petition is used for which purpose.
Is there any point which says that Discharge petition can only be filed if this point comes?
At which stage discharge petition can be filled & at which stage court has the power to dimiss the discharge petition.
More to understand the discharge petition when to file at which stage & when can be filed do give me the case if any sir Pls.
Anonymous
08 July 2011 at 10:58
What is continuation of OFFENCE? Any example
Marking of exhibits by Court in a criminal proceedings?
Is it complusory in criminal case also but i have never ever readed any where that Marking of exhibits of any documents or evidence are complusory than only it will be considered as a evidence ?
If the documents are not exhibited then the documents which are not exihibited canno't be considered as a evidence or cant be taken as a evidence. WHere it has been stated Exhibit process should be done ?
There is a argument under our student learning group so do help me also if they are judgment which say that exhibited process is complusory in criminal cases & they only the documents will be considered as a evidence do give us.
Anonymous
08 July 2011 at 10:52
A trial magistrate convicted an accused in a criminal case, based on deposition of witness and documents. Appealed by accused to Appellate Court. In appeal the deposition of some witness lost from the custody of the trial court while transiting from it to Appellate Court. Whether the court can decide the appeal in this situation or what relief can be made or done. Any supporting judgment is there. Who is liable for the carelessness?
Anonymous
08 July 2011 at 10:36
REPORTABLE & UNREPORTABLE Judgment WHY ?
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Some of the Apex Court Judgment.
Before the judgment they write REPORTABLE So if the write UNREPORTABLE than the judgment canno’t be a binding precedent or what? Why they write REPORTABLE or UNREPORTABLE.
What happens to UNREPORTABLE Judgment's
OR
REPORTABLE Judgment are signed by the judge & UNREPORTABLE Judgment are not signed by the judgment.
OR
On the request of the party the judgments are REPORTABLE & UNREPORTABLE. Do the party has the right to tell the judge that a particular judgment should be reported or not to be reported.
Basically why we write REPORTABLE ?
Punch witnesses means ?
Anonymous
08 July 2011 at 10:04
Once hearing of the case has begins, then the question of discharge petition does not arise? Why sir? So sir discharge petition can be heard before the first hearing? Urgent case required which says that discharge petition can be applied before the first hearing & not after that.
Anonymous
08 July 2011 at 09:55
Supplementary Charge Sheet & Second Supplementary Charge Sheet .I can’t remember the case (I think in the year 1987) but it has been said by the Bombay High Court that u can fill as many Supplementary Charges sheet at any stage. So Case law required which says that who many supplementary charge sheet can be filed at a time in the same case & in which stage’s it can be filed or after which stage the supplementary Chagresheet are not permissible.
Any guidelines stated by the Apex Court.
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Pertaining to Section 397 (revision)
In a lower court, a case was booked under section 120B, 406, 409, 418, 420, 467, 468, 471, 477A, after examining the balance sheets of the Company.
Summons were issued, then BW and subsequently NBW were issued, but the directors of the company along with auditors who were issued the BW's but they kept ignoring them, when NBW was issued.
The Company and only one of its Director moved an application to the District Judge under limitation act, 5 and also in 397, stating that the whole case should be put to revision.
The district Judge said that your delay is accepted under limitation Act, 5.
My Query is:
1) Can the Company's Director move to District Judge, while other are not in the picture.
2) Does District Judge have the power of Revision, (after NBW have been issued) without the accused never appearing in the court in the first place itself.
3) Is BW and NBW considered as Interlocutory order? If, So then which section or ruling we can find this?