Anonymous
19 June 2011 at 18:44
1) First Bail application reject & accused files a second bail application then my question here is during the rejection of the first bail application & filing of the second bail application accused will be arrested by the police or he/she will be granted automatically interim bail. What to do u in this difference between rejection of the bail & filing of the second bail petition.
2) F.I.R. is not mandatory for filing a bail application case law required?
possible case law on point no 2.
Anonymous
19 June 2011 at 17:02
Question: Whether the W.S signed and verified by one answering defendant bind others co-defendants, when all appeared through one advocate and no separate W.S filed by them or no No-W.S order passed against them?
Answer: My understanding if the WS is signed by only one defendant, it would not bind the other defendants although the other defendants appear through the same advocate and have not filed WS. it binds only the defendant who has signed it.
Query: If memo is filed adopting the WS of the defendant who has filed WS, then the pleadings are binding on other defendants. What does memo means? So what does civil misc petition means i was think both are same.
Anonymous
19 June 2011 at 16:53
Gurbaksh singh Sibbia and Others Vs State of Punjab: 1980-CAR-0189-SC: This case is generally called as the Bible of Anticipatory Bail. Case Law Required.
What is the meaning of surrender before court?
Anonymous
19 June 2011 at 16:52
Whether surrender petition & (Bail includes interim bail & anticipatory) both inclusive bail petition has to be submitted together?
What does surrender petition means?
Whether Magistrate has power to direct the investigation by C.B.I.? Also refer section 166A of the crpc.
Read Reference
166A. Letter of request to competent authority for investigation in a country or place outside India.
1[166A. Letter of request to competent authority for investigation in a country or place outside India.
(1) Notwithstanding anything contained in this Code, if, in the Course of an investigation into an offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer that evidence may be available in a country or place outside India, any Criminal Court may issue letter of request to a court or an authority in that country or place competent to deal with such request to examine orally any person supposed to be acquainted with the facts and Circumstances of the case and to record his statement made in the course of such examination and also to require such person or any other person to produce any document or thing which may be in his possession pertaining to the case and to forward all the evidence so taken or collected or the authenticated copies thereof or the thing so collected to the court issuing such letter.
(2) The letter of request shall be transmitted in such manner as the Central Government may specify in this behalf.
(3) Every statement recorded or document or thing received under sub-section (1) shall be deemed to be the evidence collected during the course of investigation under this Chapter.
Thanks.
Anonymous
19 June 2011 at 16:42
dear sir,
just now in your article regarding false affidavit.
In DV Case if wife had submitted false Affidavit. with wrong information about work and income.
is it counted under Perjury?
or in such cases it works
Montiah
19 June 2011 at 14:30
Hi Expert
I am a business man from Dubai who lost everything when the crisis hit Middle East. I have business debts on me.
1. LLC Company cheque signed by me for AED 250K for 1st party payable in November 2011. AED 200K + AED 150K to the second party payable in December 2011 and finally AED 340K to a third party. No cheques were given but unnotarized contract on a plain paper signed.
I am currently in India and do not wish to go back. My intentions are 100% genuine. I wish to pay every penny back to these people but I need time to be able to organize this. Say 3-4 years.
My questions are as follows
1. If my cheques bounces in Nov/Dec and cases filed, can I be extradited from India/USA/Australia/Italy/Germany? Because in these countries I might get my new job.
2. Are these cases big enough for UAE to pursue through Interpol?
3. What are the legal implications of getting into this mess, if I am unable to sort it out with the concerned people before the due date.
4. Can I be arrested at the Indian or international airport whilst I am travelling, if the cases get registered?
Jayesh Kumar
19 June 2011 at 12:03
Hi Experts,
An alleged criminal incident occured. The complainants went to the police station and the police filed a case under the cognizable sections and arrested the accused. The complainants have a greviance that certain other sections like IPC 504 & 506 which are non cognizable had been not added in the FIR. For prosecuting the accused for the offense under those IPC sections the complainants filed a private complaint. My question is--A) Can there be two complaints for the same offense, one FIR and another private complaint? B)If the complainant had greviance that 504 & 506 had not been added in the FIR should not the correct step would be to approach against the FIR filed to add those 2 sections rather than filing the private complaint? Is it not synomnous to being prosecuted twice for the same offense to the accused?
All experts please help me know the correct facts for this.
Regards,
Jayesh Kumar
Anonymous
19 June 2011 at 00:13
Is it mandatory to arrest all or any of the accused in 498a/406/34 IPC case by the police before filing charge sheet?
Can they call anyone to the police station before filing charge sheet?
Will it be a written notice to appear in the police station?
Any attendence?
Is it mandatory to appear?
Thank you in advance
Anonymous
18 June 2011 at 20:07
W filed an application under section 125 Cr.P.C for maintenance allowance from her husband H.He appeared in court,filed objections after some adjournments & then absented himself.on 15.2.2011 Court ordered to proceed ex parte & asked W to lead evidence.On 25.5.2011 i.e. after expiry of three months from the order dated 15.2.2011 & that too when W had completed her evidence & the application was posted for final order.Now my question is :Can court set aside ex parte proceedings taken by its order dated 15.2.2011?If yes how ?If not please cite some judgments/law with reference to S.126(2) (Proviso) Cr.P.C.
Independent/original views also?
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Surrender Before the court then why police is arresting the accused.
Where is this provision?
In General practice we file application before court for surrender, but it is also known that police can arrest the accused even after his application of surrender. Then what is the value of this surrender before court ?
Please guide me with the provision or case law if any, regarding surrender before court and arrest by police even after such application?
case required.
I am for the accused side.