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visha lranjan   08 July 2011 at 08:46

query

can SDM be considered as a judicial magistrate first class? or is there any other executive magistrate who is considered as judicial magistrate first class??

Advocate Vasundhara   08 July 2011 at 07:55

Is it possible for prime witness to give primary evidence after cross-examination

Sir/Madam,
I just finished Law in 2010 and practising for last 3 months. In a case of mine, the prime witnesses (the complainants) and punch witnesses never came to court

http://www.lawyersclubindia.com/experts/Witnesses-not-turned-up-discharge-petition--207611.asp

Now the case is at cross examination stage. At this stage, is it possible for the prime witnesses or the punch witnesses to come to court and give their primary evidence?

Ravikant Soni   07 July 2011 at 23:19

http://www.laWrong-Identification-by-Advocate-and-It-s-Consequences

I request you learned friends to comment on this article,.....

http://www.lawyersclubindia.com/articles/Wrong-Identification-by-Advocate-and-It-s-Consequences--3811.asp

Jayesh Kumar   07 July 2011 at 23:13

if 156(3) appeal rejected what next step.

All Experts,

If a 156(3) is rejected by the Court and thereafter even the appeal is rejected then can it still be treated u/s 200 CrPC as a complaint case?

Regards,


Jayesh Kumar   07 July 2011 at 22:40

494 and 498a powerful judgments

All Experts,

I am on the lookout for the 2 most very important Supreme Court judgements

1. Proof not required for registering FIR in bigamy cases: Supreme Court. Newspapers published news for this judgement around April 2010. It is against a Madras High court judgement.

2. In an interesting case of Dowry harassment Supreme Court bench comprising of Justices Arijit Pasayat and A K Ganguly brushed aside the argument of appellant Subbarao that he can not be prosecuted under 498A as he and the complainant are not married but only in a live-in relationship. The bench observed, “Can a person who enters into a marital agreement be allowed to take shelter behind a smokescreen to contend that since there was no valid marriage, the question of dowry does not arise”. The bench further elaborated on the reasoning, saying, “Such legal niceties would destroy the purpose of the provisions. Such hairsplitting legalistic approach would encourage harassment of a woman over demand of money."

Can any legal eagle evangelist help to find and post these judgements.

Regards,

R.K yashwant singh panwar   07 July 2011 at 22:14

section 125 crpc

whether legal representative can b taken on record after death of minor's representative

Anonymous   07 July 2011 at 19:46

Indecent Representation.

Can a Stranger have right to a apply for the certified copy of a judgement of a case (to which he is not a party) which is already disposed off or judgment already give by the concerned judge? Please justify your answer through section of laws or judgement.

Indecent Representation of Women (Prohibition) Act, 1986 Still in force or replead?

Advocate Vasundhara   07 July 2011 at 19:22

Witnesses not turned up - discharge petition??

I am advocate practicing for last 3 months. My senior died unexpectedly, so some of his cases have come to me. Sir, I now handling a case: Details are as:
1.case booked u/s 338 in 1999.
2.Case status - Evidence
3.Total 12 Witnesses. Witness 1 is the complainant, w2 is also complainant, w3-w7 are persons who saw the accident, w8 is doctor, w9 is some expert witness, w10 is constable, w11 is IO who conducted investigation, w12 is IO who filed chargesheet.
4. Out of 12 witnesses, only w12, w10 and w8 came for court to give evidence. All other witnesses including complainants did not come to court inspite of repeated summons.
5. Case is now posted for cross-examination of w12, w10 and w8 in next month.

Sir, My question is, whether discharge petition can be filed stating that prime witnesses never came to court.

Anonymous   07 July 2011 at 18:11

Application of sec 70 of IPC for unpaid compansation

US 138 of NIA against the dishonored cheque I was awarded compansation . The accused was also sentenced for three month imprisionment . The accussed is in imprision , but he the compasation so ordered is not recoverable from him . So pl send your opinion that sec 70 of IPC, for the unpaid amount , will work to procecute the accused for his defiance to the order of court ???????????????????????????????????????

RKP   07 July 2011 at 14:51

Police Complaint Advice

Yesterday my father was walking along the road near our residence when a stationary vehicle a little ahead in front of him was reversed by its driver. Since it was directly coming reverse rapidly in front of my father he moved back fast to avoid collusion and in that got hurt in his foot by a bicycle kept aside and started bleeding extensively.

Then an argument followed between my father and the driver.
The driver refused to accpt his mistake and lied that he had given the horn while taking reverse.

My father asked the driver to take him to hospital but then the driver fled.

The vehicle is a maruti van and is seen in that area frequently when it comes to drop home the school going childrens.

FYI I am located in Mumbai.
Can I file a police complaint against the driver.
If yes then on what points can I file the police complaint?