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Anonymous   25 June 2011 at 22:44

Overrriden

Supreme Court has laid down in Triveni Ben's case that inordinate delay by the executive in the execution of death sentence will entitle the convict to claim that it should be commuted to life sentence. The earlier ruling By Justice Chinnapa Reddy in Vatheeswaran case is no more good law. That case decided that two years delay justifies commutation to life sentence. So what is time time limit to execute the death sentence.

Can I have the case law of triveni ben.


Sir one more question how to know that any judgment has been overridden by the appeal by the appellate authority.

thanks.

VINOD RAWAT   25 June 2011 at 22:20

section 409 of ipc

CAN A BANKER/BANK EMPLOYEE BE CONVICTED UNDER SECTION 409 OF IPC FOR HONOURING LOST CHEQUES INSPITE OF SUPPLYING COPY OF DDR AND PUBLICATION IN NEWSPAPER ALONG WITH APPLICATION REGARDING THE LOSS OF CHEQUES AS PER THE REQUIREMENT OF THE BANK FOR STOPPING THE PAYMENT WHICH WAS DULY RECEIVED BY THE BANK AND THE BANK HAD ALSO DEDUCTED/CHARGED THE AMOUNT FROM THE ACCOUNT OF ACCOUNT HOLDER FOR STOPPING THE PAYMENT AND AFTER THE CHEQUES IN QUESTIONS WERE HONOURED THE SYSTEM/BANK RECORDS ARE SHOWING STOP PAYMENT INSTRUCTIONS BY THE CLIENT.

Anonymous   25 June 2011 at 21:53

proclaimed offender.

1) If you have been declared a "PO" (proclaimed offender) one time any time during the proceedings of the court or any time in any stage of the proceedings in bail proceedings or in any proceedings then you cannot get the Anticipatory Bail or interim bail. So if the person is declared PO than bail (Anticipatory or interim) will not be granted. The presence of the accused is must during the bail proceedings in the court. After what period of time a accused is declared a PO ( "proclaimed offender")

2) The Union Territories (Laws) Act, 1950 is still in force or repealed.

Merged States (Laws) Act, 1949 is still in force or repealed.

If yes then what the act wants to say.

support the answer point 1 with the case law it is urgent.

PRADEEP SAMANT   25 June 2011 at 21:51

Cyber Law

Is recorded telephonic conversation admissable in court of law under Cyber Law /Criminal Law ?

Anonymous   25 June 2011 at 18:52

confession & section 468.

In a criminal case where an accused surrenders and confesses and prays for punishment to him for an offence, which has become time barred u/s 468 Cr.P.C. , whether his is application maintainable?

What do you mean by 'Extra Judicial confession'? What are the grounds for acceptance and rejection of extra judicial confession? Confession is generally used in criminal cases case law any?

B Guru Murthy   25 June 2011 at 18:36

Advices/Suggestions on charges of DP Act

Dear Forum Members,

My marriage took place in ABC City.
My wife filed a 498a Case against me @ her convenient place i.e. my wife's parental jurisdicition.

I filed a Police Complaint against bride's family for DP3, after receiving the copy of Complaint/FIR/Charge-sheet through RTI.

To my complaint Police called me personally and said that they cant take the complaint as the offence[DP3 - Dowry giving/abetting] in ABC City.

Query:
1)What to do?

2)I dont have DP4 charges agaisnt me, but they claimed that gave dowry to me at the time of marriage. Can i still file DP3 U/s 156(3)

3)What would be the jurisdiction.

4)Will my case gets admitted in City ABC enclosing copies of
Complaint/FIR/Charge-Sheet when 498acase booked @ my wife's parental jurisdicition.

5)Or will they transfer the case.

Please advice.

Anonymous   25 June 2011 at 17:37

Judicial confession.

Extra Judicial Confession means any example.

also give me a case means i can understand it more properly.

Anonymous   25 June 2011 at 16:11

498A Bail

if the husband has secured bail before chargesheet in 498A case but the other family members did not secure bail and now the chargesheet is filed and summons have been received from trial court so will the other accused will need to apply for bail on the date of summons or before that.

whats the risk after chargesheet in getting bail if the main accused is bailed out....what if they get the directions from HC that interim bail shall be granted on the day of appearence and the final bail application should be then heard within two weeks from Interim bail.

what if the other side places objections.

babu   25 June 2011 at 15:46

Private complaint u/s.200 Crpc

Sir,

Divorce case U/s 13 and Conjugal Rights case U/s. 9 of the Hindu Marrriage Act 1955 were pending before family court. Under this circumtances can I file a private complaint about 2nd marriage of the Husband

Anonymous   25 June 2011 at 15:39

benefit of dought.

Judge says that he will release accused in benefit of dought. So what do u mean by benefit of dought? example to understand or any case law.