Member (Account Deleted)
06 July 2011 at 13:59
Dear Learned Members:
A commercial space had been let out to a party for carrying on legitimate business/activities in the year 2005. Thereafter, notice to vacate the same was served to the party concerned by the landlord himself, in the year 2010. The tenants did not vacate however. Two months' back the CID conducted raid in the premises and arrested the tenants and "sealed" the premises. The tenants were carrying on the illegal activity of selling porn CDs/DVDs.
Now, I specifically want to know how to reclaim/repossess the "SEALED" premises.
Anonymous
06 July 2011 at 02:56
Notwithstanding anything contained in any law for the time being in force, a statement made by the person aggrieved by the offence shall not subject such person to a prosecution under this Act.]
does it apply to wife only or her parents also?
if it does how is giving dowry a crime
The Dowry Prohibition Act, 1961
Anonymous
05 July 2011 at 19:54
Basic difference between Chief Judicial Magistrate, Judicial Magistrate, Additional Chief Judicial Magistrate, Sub-divisional Judicial Magistrate, Special Metropolitan Magistrate, Chief Metropolitan Magistrate, District Magistrate, Executive Magistrate.
Also the chronological order
Who can suppresses the order or the judgment of whom.
What are the offences they can undertake & what are the appeal stages (means for were a person can appeal to which magistrate in any offence in seniority wise as per the law).
Thanks
Anonymous
05 July 2011 at 17:29
Crpc , 1973 Section 167 [(2A) Notwithstanding, anything contained in sub-section (1) or sub-section (2), the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of a sub-inspector, may, where a Judicial Magistrate is not available, transmit to the nearest Executive Magistrate, on whom the powers of a Judicial Magistrate or Metropolitan Magistrate have been conferred, a copy of the entry in the diary hereinafter prescribed relating to the case, and shall, at the same time, forward the accused to such Executive Magistrate, and thereupon such Executive Magistrate, may, lot reasons to be recorded in writing, authoress the detention of the accused person in such custody as he may think fit for a term not exceeding seven days in the aggregate; and on the expiry of the period of detention so authorized, the accused person shall be released on bail except where an order for further detention of the accused person has been made by a Magistrate competent to make such order; and, where an order for such further detention is made, the period during which the accused person was detained in custody under the orders made by an Executive Magistrate under this sub-section, shall be taken into account in computing the period specified in paragraph (a) of the proviso to sub-section (2):
Section 167 (4) Any Magistrate other than the Chief Judicial Magistrate making such order shall forward a copy of his order, with his reasons for making it, to the Chief Judicial Magistrate.
What is the meaning of Executive Magistrate & Chief Judicial Magistrate. As I known Judicial Magistrate First Class & Second Class. Can we say that Chief Judicial Magistrate is over & above Judicial Magistrate First Class & Second Class.
Section 167 (2) (a) (ii) Sixty days, where the investigation relates to any other offence,
Section 167 (5) If in any case triable by a Magistrate as a summons-case, the investigation is not concluded within a period of six months from the date on which the accused was arrested, the Magistrate shall make an order stopping further investigation into the offence unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interests of justice the continuation of the investigation beyond the period of six months is necessary.
But as per section 2 (w) "Summons - case" means relating to an offence, and not being a warrant-case;
(x) "Warrant-case" means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years;
Query: Section 167 speaks about the time limit to detain a accused under the police custody but my question is section 167 (2) (a) (ii) says for 60 days means 2 months & section 167 (5) says not more than 6 months in case the case is of summons case. Because in direct is section 167 (2) (a) (ii) it is applicable to summons case as we read clearly section 167 (2) (a) (i) because it tells about the warrant case of course is section 167 (2) (a) (ii) says about the summons case so why section 167 (5) should be implemented. Which one to follow whether section 167(5) or is section 167 (2) (a) (ii) in case of summon case because words used under is section 167 (2) (a) (ii) is any other offence because is section 167 (2) (a) (ii) has already said that it is applicable only for warrant case so is section 167 (2) (a) (ii) is applicable for summons case then again section 167 (5) says for 6 months so both the section makes it more confusing which one to apply in summons case whether is section 167 (2) (a) (ii) or section 167 (5)?
basab banerjee
05 July 2011 at 17:15
a mother of a child below 5 years of age applied before the SD.E.M. under sec. 97 Cr.P.C. to issue search warrant for her child who is under the custody of the grand mother (mother of the father of the child). The father of the child has expired and the mother has remarried. does this custody amounts to wrongful confinement? can the SD.E.M. issue search warrant in this case and issue direction to produce the child before the competent magistrate who shall make such order as the circumstances of the case seems proper?
Anonymous
05 July 2011 at 16:51
1) Deputy Commissioner is called the District Magistrate? But which Deputy Commissioner under which law Deputy Commissioner is called the District Magistrate?
2) What do u mean by Body Warrant?
3) When can a magistrate make a order of remand? There remand means what?
Anonymous
05 July 2011 at 16:45
1) Matter is of forged muster roll. What does master roll means?
2) Tashildar means a Executive Magistrate or not.If yes than what should be the qualification of the tashildar where it has been expressed or which act governs the tashildar howto known the rights, dutities , repsonsibility each & every thing of him. Under the Crpc, 1973 it has not been defined that a Tashildar is a Executive Magistrate. The were it has been defined that a Tashildar is a Executive Magistrate?
Query: 2 Related to (State Of Maharashtra)
Thanks.
manish
05 July 2011 at 16:10
hELLO eXPERTS.....
My query is whether plea of alibi can be raised at the stage of bail?Pls anyone quote me the ruling of Supreme Court.
In one case the police has prosecte acc. for o/s 307,147,148,436 of penal code.But at the relevant time and date the accussed was working at forest office and the concerned forest oficials has also wrote letter to police and comminicated the fact of the acc. being at office.
kuldeep kumar
05 July 2011 at 14:03
limitation for filing case upto 3 years are given crpc.deciding factor is date of knowledge of offence.suppose person aggreived and police are both discovering identity of accused.what if police do not tell person aggreived the identity of accused or do not take any action then the limitation shall run out?
in case of theft both police and person aggreived are discovering identity of accused and any how 3 year passed without knowing identity of accused.is person aggreived barred now to file any case
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