Anonymous
18 June 2011 at 15:32
Question: Whether police can arrest an person before surrendering him before the magistrate in the court premises or when the police finds the accused along with the advocate? Is there any rules or laws regarding this problem?
In our Borivali (place where things happen today morning) that accused advocate was with him then the advocate said to the police
1)That he has no right to arrest this client in the court premises.
2) As he is with the advocate who is representing him in the court the police has no right to arrest when he is with the advocate who represents him?
Is the above mentioned is right. there is any judgment on the above situtation.
kunalpujari@yahoo.co.in
18 June 2011 at 13:40
Sir,
The following are the facts for your perusal and further necessary action.
Name of the trust : Agashimata temple trust reg. No.A 436 Valsad registered in 1973.
Scheme for the purpose of religious administration framed in : 1975
Permanent hereditary pujari trustees :5
On 1st April 2011, one of the trustee Shree Maheshbhai Balubhai was to take over the puja turn as per the scheme and order but Shree Shantilal J. Pujari along with his two brother Shree Uttam J. Pujari and Harkishan J Pujari refused to hand over the the puja turn to Maheshbhai Ballubhai Pujari and threaten to kill Maheshbhai.
With fear Maheshbhai reported this matter to Asst.Charity Commissioner Valsad and respective police station and file a case in High Court. High Court has given direction (oral order) to Joint Charity Commissioner,Surat to act as per 41A B.P.T. act 1950.As per section 41A Joint Charity Commissioner has given interim order to Shantilal and his brothers to handover the charge of temple to Maheshbhai Ballubhai Pujari immediately vide Joint Charity Commissioner order dated 21st May 2011. On 26 May 2011 Maheshbhai and his uncle and family went to temple to take the charge of temple but this hostile Shantilal and his brothers refused to give the charge of temple and attempt to kill Maheshbhai his uncle and family.
Maheshbhai along with his uncle went to DSP, Valsad for police protection . DSP was ready to give police protection subject to written from Joint Charity Commissioner. On 3rd Jun 2011 Maheshbhai along with his uncle met personally to Joint Charity Commissioner for police protection but he told that it is not under his preview.
Finally, Maheshbhai decided and requested his uncle and family to take charge of temple but again Shantilal and his brother and son refused to give charge of temple. Now, this time Shantilal his brothers and son attack with stick(lathi) and knife and badly injured both the uncle of Maheshbhai and his family in return both the uncle sons have beaten them with their hands only to save their family other wise they would have killed the uncles. Both the side F.I.R. and arrest has been done by police. Maheshbhai and his family were arrested under section 324 and shantilal and his family were arrested under section 326. Now every one is released on bail but two person who injured maheshbhai and his uncle with knife and lathi are still in civil hospital undergoing treatment. We really dont know what are they upto? Also, this matter has been published in news paper “Sandesh” on 8th June 2011.
Now, there is final hearing(order) regarding this matter kept on 18 June 2011 in the office of Joint Charity Commissioner Surat. Up to now justice has been given by the Joint Charity Commissioner to Maheshbhai but now the opposite party i.e. Shantilal and his brothers and son must be punished as they have disobeyed the order of High Court and order of Joint Charity Commissioner. Till to-day Shantilal and his brothers holding unauthorized charge of the said temple.
Sir,please help me how the guilty must be punished.
Yours truly,
Ex-Serviceman
Anonymous
18 June 2011 at 13:18
is high court empowered to treat the criminal revision petition as appeal? if yes,under what circumstances?
Anonymous
18 June 2011 at 12:00
Sessions Judge Amritsar granted interim anticipatory bail to accused X and called for report from concerned police directing '...in the event of his arrest X will be released on fail on his furnishing recognizance of Rs.25ooo/-.This order is up to 30th June 2011,when the IO must furnish report". On 30.5.2011 however neither the accused X turned up nor his advocate moved an application for dispensing with his presence on that day.Court adjourned the case "AWAIT" for 2 days.None turned up on behalf of the accused etc.
Now,what the Judge is required order in tyhe facts and circumstances of the case ?
Anonymous
18 June 2011 at 11:49
During Cross examination the only one crucial witness's depostion is contridicted to his 161 statment.But it is not marked. I.O is not yet examined.How the contridiction can bring before the Court? Whether the contridiction and omission help the accused. Contridictions made in the relevant portion.It is as follows:- As per depostion, the accused gone to the place of witness at 9'clock in the morning. As per 161 statemnt of the same witness and confession statment of accused says that the Accused not gone in that particular day to the place of witness. Whether this witness can allow to re-examine to mark the contridiction ? Thank you
Anonymous
18 June 2011 at 10:17
THe Below mentioned are not define under the CPC, Crpc, Indian Evidence Act & Oath Act but than also are it is used in our Indian Judiciary system like anything.
Even in British time also this were not define but then also we use it.
As I don't have the knowledge of the below mentioned & contrary it has not define in the law so i have heard that i will get the best of the best answer form here.
So a pleasing request to provide me the meaning & difference .
Proof affidavit
Evidence affidavit
Verification affidavit.
Supporting affidavit.
Rejoinder Affidavit
Counter Affidavit.
Evidence act itself says provisions of the Evidence act are not applicable to any affidavits sworn form any magistrate's & any Notary's person. Affidavits is only governed by the Oath act only. More info in this topic if any judgment than provide in this forum or welcome for the more info & opinion's.
Judgment required which say or which proves that
Evidence act itself says provisions of the Evidence act are not applicable to any affidavits sworn form any magistrate's & any Notary's person?
Thank u Ld Members
Anonymous
18 June 2011 at 10:13
16) Bombay High Court Rules
Chapter 1
1. Jurisdiction ordinarily exercised by Division Court of two Judges. - The Civil and Criminal jurisdiction of the Court on the Appellate Side shall, except in cases where it is otherwise provided for by these rules, be exercised by Division Court consisting of two or more Judges.
I. Civil —
(a) Appeals. — (i) from original decree in suits or from adjudication in other proceedings from which appeals lie to the High Court as from original decrees, whether under the Civil Procedure Code or under any local or special Act, wherein the value of the subject-matter in dispute in the Court or before the Tribunal of the first instance does not exceed '[10 lakhs] rupees and wherein the value of the subject-matter still in dispute on appeal is 2[ 10 lakhs] rupees or less : provided, however, that the expression 'the value of the subject-matter still in dispute on appeal' appearing in this sub-clause shall be construed to mean, where there is an appeal as well as a cross appeal or cross-appeals or cross-objections, the total of the values of the subject-matters in dispute in the appeal as well as the cross-appeal or the cross appeals or the cross-objections;
Query: What do u mean by division court? I known division bench but division court?
What do u mean by cross appeal & cross objection.
Can anybody provide me the pecuniary jurisdiction of bombay high court in original & appellate jurisdiction.
Anonymous
18 June 2011 at 10:00
In this forum Family a question has arised& the answer's brought some dought to me so pls clarify it. With Respect.
Question :Kindly guide me : Some persons of society like Section officer of govt Department, President of Church Committee, Partor (Priest)of Church, Local Union Presidents, Local Political Party President of area verify on a plain paper that a Husband beating his ABC(wife)and lodge FIR against Husband under 498a. Please let me know that Can a husband file Defamation case againt all persons because the huband did not know and they also did not know husband. Husband is residing in some other city
Answer was given by the LD members was below mentioned.
Answer : Yes, he can. But before taking any action, Husband has to issue notice to the concerned person either to apologize or to prove the truth of the contents.
If those persons are shown as witnesses of that case then the statement u/s 161 crpc does not attract defamation.
So my query in this answer given by the LD members is as follows:
1) But my question here is why the husband has to give a apologize letter to the concerned person’s who has filed a FIR on him why? Because as section 499 of the IPC, 1860 does not say that the person against whom a FIR is lodged & that person if he has to file a case u/s 499 against a person who has file a FIR then he/she has to file a apologize letter first to that person who has filed a FIR & then only he can file a case against them U/s 499 of the IPC, 1860 ?
2) It has also been said that the Person’s who has filed a FIR & if he/she has shown as a witness under the FIR column than no case u/s 499 is possible why ? Because section 161 of the crpc& section 499 of the IPC doesn’t mentioned that the person who logged a FIR & if he becomes the witness than we can’t file a case of defamation u/s. 499 of the IPC.
3) So can we say that the witness are safe form u/s. 499 of the IPC. Also we can come to a conclusion that in any cases where it may be a criminal, civil or matrimonial cases any witness can’t be booked u/s 499 of the IPC. When they are named as a witness under FIR column & even if they insult the person standing front on him under the court during the court proceedings giving the statement whether (chief examination or cross) he/she cant booked u/s 499 of the IPC, 1860. If so than section needs a amend by removing the whoever& restricting to any one but not the witness of the case RIGHT OR WRONG?
4) If the answer is right that on witness we cant file a defamation case than pls provide me the case law of SC.
which say that u/s 499 witness can't be booked.
Pls clarify the issue.
Thanks.
swetha
17 June 2011 at 23:21
I understand that my husband has filed a transfer petition in supreme court with False statements in affidavit to transfer a criminal case (498a).
1) Can I file a private complaint in delhi magistrate court as jurisdiction is delhi.
2) Please suggest me Judgements on article 142 used for quashing a 498a case in transfer petition(criminal) in supreme court as abuse of process of law.
Thanks in advance.
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chargesheet.
Even an FIR can be altered For example in cases of suspicious death the FIR is registered under Sec.174 Cr.P.C. On investigation,if the police conclude that it is a case of murder,the FIR can be altered into 302 I.P.C. Similarly when a case case is regsitered under Sec.307 IPC for attempr to murder and subsequently the victim dies without responding to medical treatment the FIR can be altered into 302 IPC. or supplementary FIR is required. A police officer canno’t amend the FIR or the chargesheet.
Support the answer with the case law.
As can i have link in which many case are given of FIR, Chargesheet & Hostile witness.
State Of Maharashtra.