Ladhu Ram Chowdhary
20 June 2011 at 12:59
Whether an arrested person can be detained by police officer for 24 hours evev if his detention for intrrogation and investigation is not essential at the the time of arrest even for a moment in the given facts and circumstances ?
Anonymous
20 June 2011 at 10:39
What are may options if someone forced me to write a accoutn payee cheques without anyones name on it.
I am caught in a situation where few people forced me to sign a cheque and put the amount on it without mentioning anyones name.
I thought that if I go to police then case may turn out to be false because once the person knows I complined in police then he may tear the cheque stating that they never took it from me.
what can I do?
Regards
Montiah
20 June 2011 at 10:07
Hi there
I have signed a contract on a piece of paper wherein my personal details like passport no etc are mentioned along with the other person's details. The contract says that I owe this person over half a million dirhams in UAE which I borrowed. But the borrowed amount in half (250K)in cheque & half in cash. There is no mention of this in the contract and no reciept for the cash was given.
1. If this person goes to the court, will I be liable for the entire amount as mentioned & signed by me or will he have to prove that cash was given and that my liability stands only for 250K that was given in cheque.
2. Is this a civil case or criminal? In UAE especially.
3. What kind of legal implications can this man create for me here in India, since I have come back to India.
Thanks
R.SHAH
20 June 2011 at 09:31
hi all,
i have filed complaint before ,magistrate and seek investigation u/s156(3) and court order report u/s 156(3), police under accused influence file negative report in my two cases 1. u/s 209,210 ipc and 2. u/s 380,406 ipc etc..
i filed written arguments on police negative report and seeking issued of process and police incompetency in investigating matter. in one case us/ 209,210 ipc they have consider wrong date of offence and enquiry on it. while i have prayers clearly mentioned date of offence.
after written arguments three dates passed and judge said i ll order on last date judge is asking me to lead evidence, otherwise you will suffer. as ivestigation asked us 156(3) to get more evidence witnessing of peoples as todays peoples are affraid of coming to court to give witness even though we reuested for true matter.
i don't get this exactly as i have filed all certifiec court documentary evidence n others alongwith my complaint n in arguments i prays to considerd that ones.
my queries:
1. in this case if judge satisfied then he will order to police to register FIR ?
2. why judge asking me to lead evidence ?
3. it is as per law that i have to lead evidence, if then that on what section judge is taking my matter.
4. it will becomes private case of crpc 200?
5. i have strong case with proofs but due to police negative report i m suffered, if i will not lead evidence then it will trouble me ?
6. or i should wait for order, after going thru order i can go for appeal and there i can asked for opportunity of leading evidence.
7. or if aggrevied with judge order i would appeal to higher court for direction to police register FIR and trail be issued.
8. next date is kept for order and on last date i have told to court i don't want to lead any evidence.
8. can it be possible to file application before couples of days of judgment that i want to lead evidence.
it would be helpful that you expert guide me with more details how to take my matter positively,
thanks
Member (Account Deleted)
20 June 2011 at 09:01
If the Session court sentenced the accused to imprinsonment of 4 years. Can appeal to high court against conviction can be filed? and If yes under which provision?
Anonymous
19 June 2011 at 22:35
Dear Advocates,
Under what provsion of law a magistrate can issue search warrant. Can the warrant be issue along with the order passed undersection 156(3) CrPC to direct police to register an FIR.
Kindly clarify. Thanks.
Anonymous
19 June 2011 at 21:40
A person was wanted in a criminal case. He surrendered before the magistrate. The magistrate granted him bail. But in order sheet he did not write that he was first taken into custody by him on his surrender and then granted bail. Subsequently he was acquitted from the case. The said person applied for a government job and in his verification form in answer to a question "whether arrested?" he wrote "No". He was denied the job for making a false declaration. His advocate says that since the magistrate while enlarging him on bail did not write in the order sheet that he was taken into custody on his surrender so it can be safely presumed that he was not arrested and that the surrender did not meant arrest. The law officer of government opined that the surrender before the magistrate and subsequent enlargement on bail will be deemed to be arrest by the the magistrate and then enlargement on bail. What is the position of law? Can a magistrate Grant Bail to an accused person on surrender before his court without taking him in the custody? Since the magistrate has not written in the order sheet that the accused was taken into custody and then granted bail then will it be considered an implied custody? Kindly answer with the reference of the law or rulings whether the law is in favour of the candidate or not?
1) But who can a magistrate give him the bail as the section 437, 438 only session court & HC has the powers?
2) What does the order sheet means?
3) He was taken into custody but which custody whether police or judicial custody?
4) Surrender did not meant arrest? Means if the accused surrender himseld in the police station or in the court then he should not be arrest? Then where to keep him in judicial custody or police custody?
5) Where it is right that when the accused surrender himself in the court direct when the hearings is going on or in the police custody after the hearing or before the hearing he/she should be in the judicial custody & not in the police custody?
6) When a accused gets judicial custody? Any process or any section speaks when does the accused can get the judicial custody? Can a accused demand for the judicial custody in any stage before the
court?
7) Can a magistrate Grant Bail to an accused person on surrender before his court without taking him in the custody? So it is compulsory granting a accused a bail (interim or anticipatory) both inclusive before he should be take in the custody & then only he will get the bail.
8) Eleaborate more when the judicial custody is given when it is mandatory & when the police custody is given & when it is mandatory?
Thanks for the reply sir's.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
u/s 138
PLEASE HELP ME BY PROVIDING CASE LAWS
I M FROM COMPLAINANT SIDE
I HAVE FILED ONE COMPLAINT IN WHICH U/S 138 NOTICE AND COMPLAINT ALSO THE ACCUSED NAME HAS BEEN MENTIONED WRONGLY. THE MATTER STAGE IS NOW FOR DELAY OF CONDONATION. SO KINDLY HELP ME OR GIVE ME A SOLUTION/CASE LAWS HOW TO ERADICATE FROM THIS PROBLEM I SCARED ABOUT THAT MATTER SHOULD NOT BE DISMISSED B'COZ MATTER IS FROM ONE OF THE FINANCE COMPANY.
PLZ HELP ME BY PROVIDING CASE LAWS .
THANKS & REGARDS