Anonymous
26 June 2011 at 13:15
VEXATIOUS LITIGATION (PREVENTION) ACT, 1971.
So what does the vexations litigation prevention words actually mean & the act is for what purposes because it contains 18 section but couldn't understood why this act is for.
Whether it is repealed.
shakthivel
26 June 2011 at 12:42
We have tqken on rent a commercial premises upon payment of rental advance of Rs.4,00,000/- through Bank Cheque as well agreeing to pay rent of Rs.63,600/- a month and accordingly have been paying rents regularly without any default but after deduction of TDS amounts.
The Land Lady is frequently and repeatredly harassing us seeking additional deposit while the said building was taken on rent by us hardly 6 months back.
What type of criminal actions / civil acions can we initiate against her. Whether the land lord is right in demanding and accepting renal deposit beyond 2 months rent? These transactions have taken place in Bangalore (Karnataka).
Kindly advise us.
shakthivel
26 June 2011 at 12:37
Whether cheues issued by Firm`s Manager in his indiv idual capacity towards due satisfaction of his principle`s liability would attraqct prosecution under Sec.138 of N.I.Act as well under Sec.420 of IPC. Please enlighten us and if possible and available any judgments to that effet.
PRADEEP SAMANT
26 June 2011 at 09:31
In finance company cases cause of action is date of deposit or date of FIR?
Case Matter: The deposit was accepted by the branch in 1997 vide cash receipt by the branch manager ,acknowledged though certificates by authorised signatory -the director..
The Director resigns in Feb 1998..
The FIR by the investor is lodged in Oct ,1998 ,eight month of resignation .
Can he be tried for breach of trust/Fabrication of ducument/and cheating u/s 406/420/467/468 ..
Anonymous
26 June 2011 at 00:36
Disposed as dismissed in liminie means? as it is applicable in criminal case only?
Meaning of extra judicial confession with the example to understand more clearly.
a case law required which say that a
Confession is generally used in criminal cases ? case law required.
Anonymous
26 June 2011 at 00:33
If any witness is there under the witness box & the advocate examines him during the proceedings & the witness becomes angry & start shouting on the advocate who is examining him or start giving bad words to the advocate then what action can be taken whether CC (Contempt of court) cases should be filed against him or what should be done or or what should be done or what will happen?
If the contempt of case should be filed then after the judgment is given or execute by the judge or during the middle of the proceedings.
any case is there under which witness for this misbehave in the court during the proceedings the judge or the magistatre has asked to file a CC case on him or he/she is removed for the court.
Thanks.
Anonymous
26 June 2011 at 00:29
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.06.2009
CORAM:
THE HONOURABLE MR. JUSTICE P.R.SHIVAKUMAR
CRL.O.P.No.10719 of 2009
and
M.P.Nos.1 and 2 of 2009
1.Murali
2.Visalam
3.P.Bhanumathi .. Petitioners
Vs.
State Represented by its
Inspector of Police
W1 Police Station
Thousandlights
Chennai
(Cr.No.4 of 2007) .. Respondent
Point 5
5. The learned counsel for the petitioners contends that the learned Chief Metropolitan Magistrate did not properly consider the scope of the power of the court under Section 311 Cr.P.C and that the court below has erroneously dismissed the petition with an observation that such petition could not be filed for filling up lacuna. It is the further contention of the learned counsel for the petitioners that the petitioners facing criminal charges, should be given reasonable opportunity to put-forth their defence and that cross-examining the prosecution witnesses with reference to the documents which came into the hands of the accused subsequent to the examination of the prosecution witnesses would help the accused persons very much in establishing their innocence; that the prosecution witnesses could not be cross-examined with reference to such documents as they were not readily available with the petitioners at the time of examination of P.Ws.1 to 4 before the trial court and that when they were able to get those documents, they approached the trial court under Section 311 in vain to get an order recalling P.Ws.1 to 4 so that they could be cross-examined with reference to the documents sought to be relied on by the petitioners to prove their innocence.
Question: What proof can we demand for the learned counsel that during the trial in the trial court he was not having the documents which he has know? [[[[[[[[[[[[[[[[[[[as they were not readily available with the petitioners at the time of examination of P.Ws.1 to 4 before the trial court.]]]]]]]]]] Also what does material witness means?
Anonymous
26 June 2011 at 00:24
The Union Territories (Laws) Act, 1950 is still in force or repealed.
Merged States (Laws) Act, 1949 is still in force or repealed.
Special court act, 1979 has been repealed
Also how to know form any site that a particluar act has been repealed or still in force.
How to know that a judgment has been overridden by the appeal.
Thank.
Anonymous
25 June 2011 at 22:48
CRPC 321. Withdrawal from prosecution.
The Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried; and upon such withdrawal, --
(a) If it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences;
(b) If it is made after a charge has been framed, or when under this Code no charge is required he shall be acquitted in respect of such offence or offences:
Provided that where such offence-
(i) Was against any law relating to a matter to which the executive power of the Union extends, or
(ii) Was investigated by the Delhi Special Police Establishment under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or
(iii) Involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government, or
(iv) Was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty,
And the Prosecutor in charge of the case has not been appointed by the Central Government he shall not, unless he has been permitted by the Central Government to do so, move the Court for its consent to withdraw from the prosecution and the court shall, before according consent, direct the Prosecutor to produce before it the permission granted by the Central Government to withdraw from the prosecution.
Question: So what do u mean by (If it is made before a charge has been framed) & (If it is made after a charge has been framed) & can we say that the last para """
Question: So if the prosecutor is not appoint by the central govt than unless he has taken the permission or the central govt gives the permission to leave the case he/she shall not withdraw himself for the case. & What if the state government appoints than whether permission if required or not?
Whether it is applicable to the additional prosecutor also?
Thanks.
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Maharashtra High Court.
If acquittal & Discharge is there then CPC Laws not applicable because it is used in criminal cases so ONLY ONLY ONLY Crpc is applicable right? correct me if i am wrong
The Maharashtra High Court (Hearing of Writ Petitions by Division Bench and Abolition of Letters Patent Appeals) (Amendment) Bill, 2008. Whether this being enacted or still it is a bill.