francis
01 July 2011 at 11:48
my cousin has put this clauses against me, i am staying in his flat since 2003, he had taken money from my mother but we dont have any proof only we have a tape recording of his voice,it is since 9yrs, he is an NIR SINCE 2002 IN NEWZEALAND,he is unnessary involing my innoncent wife in that, i dont know what to do, can you guide me,the flat is in my possestion since 9 yrs and my mom died on 4 dec 2010 after that he started to harras me to empty the flat,how long will this case go and what are the chances to wining, i am a family person,i am poor,the school gives me consession for my children fees,i cannot fullfill my children needs also,please advice me
Deepak Nair
01 July 2011 at 10:15
I am in search of a judgment with respect to the below scenareo.
A Company filed case under sec.420 against it's employee and the employee is sent to remand.
During the trial the said employee i.e. the accused files a case against the company stating that the Complaint filed by the company against him was a fake complaint.
I am in search of a Judgment which is favourable to the company in the above circumstances.
kuldeep kumar
01 July 2011 at 07:40
if a party offer as witness then he waives such privilige if he is interrogated on cross examination and court allows further question to know evidence necessary in case then and then only he waives privilige.sec 129
if any party/witness whose privilege whose privilge we are talking all along calls such advocate as witness and touch upon those questions of which privilge is claimed under sec 126 then also privilige is waived.sec128
any expert comment in rebuttal..welcome
kuldeep kumar
01 July 2011 at 05:03
sec 126 says communications are privilged.
sec 128 says if party himself offers as witness still it is privileged.
but if party calls such advocate as witness and ask him question respecting subject-matter of privilege then privileg is waived by what is called conduct of party.
if any party calls a advocate as witness and ask him questions what is called privileged questions then privileg is lost.
pls correct me if i m right at point.
Anonymous
30 June 2011 at 22:18
Can any one file a complaint basing on xerox copy of tghe certificates.if yes,what are the sections that are applicable.
the original certificates are not available. This is a case of bogus certificate obtained by producing false docuemnts.
Thank you.
Anonymous
30 June 2011 at 15:44
Dear Sir,
I have filed one matter against the Accused under section 138 of the N.I.Act.
When the matter was kept at last stage for (argument), the accused proposed for settlement and consented by the complainant and MOU for settlement was filed in court.
sir my query is the accused has given 30 cheques for settlement of an amount. and the magistrate is insisting to withdraw the case filed against the accused. my apprehension and belief is that after withdrawl of the matter he may bounce his cheque given as a settlement for the case. Now i came to know that there is a supreme court judgement if the accused has given the cheque for settlement of a case then that settlement cheque does not comes with in purview of section 138 of N.I.Act. or if not i have to file fresh case agaisnt the accused.
2. and any judgement of supreme court that would protect my case in case of bounce of a settlement cheque, the Ld. magistrate was also pointing that there is a supreme court judgenment even in case of settlement of case, he will protect the complainant by convicting the accused and in case of any bounce of any settlement of cheque the complainst shall take the warrant against the accused.
kindly guide me, the amount involved is so high. (one of the clause in MOU is the both party will take the dates till whole settlement cheque will get honour).
Harsh
30 June 2011 at 14:50
What is the format of application for requesting a court to declare proclaim offender to the defendent?
Legal Fighter
30 June 2011 at 14:35
In State case, during investigation the police recorded 2 statements u/s 161 CrPC including one of the complainant. Now at trial, before framing of charge, she gave affidavit that it is not her statement and the police fabricated the statement. Can the accused be discharged on this sole ground as there is no other evidence against him.
Also can you please provide any judgment in support of this.
Anonymous
30 June 2011 at 14:30
A criminal trial is pending ina CBI court.
Charges have been formed.Prosecution sanction has been obtained by CBI.
QUERY
1.During trial it is proved that sanction is not valid as it was not issued by competent authority.
2.Few witnesses have deposed.
In this case what is the possibility as raised below.
(a) Whether after trial is completed,the trial judge will give aquittal or conviction.
(b) Whether CBI can produce fresh sanction
from competent authority and a fresh trial can be started.
(c) As the trial has been already completed then whether fresh trial is possible
(d)Whether the trial judge can discharge the accused without completing the hearing.
(e) As sanction is not valid,then the trial judge is not competent to hear the case then how the trial judge can give judgement like aquittal or conviction after completing trial.
(f)In case he is aquitting the accused after completing trial based on invalid sanction thenwhat further step is possible by CBI as CBI may challenge the verdict as the judge was not competent to hear the case.
(g)In case trial is closed in mid way due to invalid sanction ,issued under rule19 of PCA, then what is next possible step by CBI
(h)Under these circustances,what is the course of action to be followed by accused. Kindly give SC/HC citations
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
How to get a bail in a criminal case IPC409
hey pls read my profile and help me wht i do