mamta
17 June 2011 at 21:53
please provide me format of criminal appeal to be filed in High court
Anonymous
17 June 2011 at 21:01
Can you please tell me where can i find supreme courts cases/judgements for sec 511
(My friend to get an easy divorce from his wife had mentioned all lies in his written statement )
Anonymous
17 June 2011 at 19:27
Sir/madam,
My wife filed div.pet.in april-09, 498A in june-09 and then 125 .there have been only me and my old father in my family since marriage till date.she got me and my father arrested and almirah taken to PS in which my mother's(expires 20 yrs ago) jwellery kept and of which key was in possession of wife and she taken all jwellery even excessive of FIR and gave receipt bearing her sign.2 yrs lapsed and no action taken.
Can I file 420 and 406 agst her for excees gold ornaments worth rs 1.5 lacs which is taken beyond FIR.she is not coming back and not returning the same.I waited till now but now to take action.a huge amount she is demanding to settle case.
pls tell me is there any legal risk to me to file the same.can police arrest her.
waiting one's kind n valuable advise
thanks with regards
Anonymous
17 June 2011 at 18:49
Section 376 A - Intercourse by a man with his wife during separation
Section 376B. Intercourse by public servant with woman is his custody
Section 376C. Intercourse by superintendent of jail, remand home, etc.
Section 376D. Intercourse by any member of the management or staff of a hospital with any woman in that hospital
1) Section 376 Explanation: - Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape. So can we say that form section 376 A to D is a rape as during the intercourse penetration is 100% possible?
2) But section has said “penetration “ but penis should be penetrated for rape right if the person penetrated a finger’s or any other instrument looks like a penis in the vagina that also it constitutes a penetration?
3) Rape means a man rapes to a women but vice – versa is not given under the law? So if the women forcefully have sex with the man that it constitutes a rape or a man or not. I say no because for rape penetration is compulsory as no penetration is possible by a women so it is not a rape? (opinion required)
4) When a girl have a sex with the girl called as lesbian then the forceful girl can fill a case on the girl of rape as per section 376 of the IPC? I say NO
(opinion required) if possible case law .
Anonymous
17 June 2011 at 18:46
1) Criminal Misc. Petitions & Civil Misc. Petitions? & 1) Miscellaneous Petition (M.P.)
2) What do u mean by Body Warrant?
Anonymous
17 June 2011 at 18:06
X prepared a cheque for Rs.2 lakh in favour of “self”, signed and put a date on it & handed it over to Z (who he owed this sum) When Z presented this cheque for encashment, the Banker refused to draw the amount and pay the same to Z with an endorsement “stop payment” .Z, after following the procedure laid down in Ss.138 to 142 N I Act. On the complaint being filed, the accused i.e. X filed an application that the complaint u/s.138 N I Act was not maintainable as the cheque was never issued in favour of the complainant in the discharge of any liability etc.
Plz explain the legal position with reference to decided cases.
Anonymous
17 June 2011 at 17:14
Would the Ld.Experts please guide? I am a jr.advocate just started practice & was told by a Bank to file a case u/s138. I had filed in Calcutta's Bankshall Court. It was the plaint & wakalatnama. The Ld.Magistrate asked where is the Affidavit of the Complainant? I took adjournment & the next hearing in on 20/06.11. Meantime I had filed another money suit enclosing affidavit of the Complainant which was just 2 para affidavit stating that what ever stated in para 1 to para 6 are true & he shall depend on those statements in future.
Now, my question is:
1) Is the same type of simple Affidavit required to be filed on 20.06.11 for that case u/s138?
2)One lawyer told me that it will be an affidavit to be presented in the form of a petition the way it is filed as examination in chief. And it is to be filed along with my application as advocate.
Kindly guide me.
Anonymous
17 June 2011 at 15:42
We known that panchama required minimum 2 sign. the sign should be of the witness present there at the time of making the panchama. But the witness doesn’t what to sign then that panchmana is valid or not or can police officer force the witness to sign the panchama. If the witness doesn’t sign the panchama then how to make the panchama. Without the sign of the witness on the panchama can we say that panchama is valid or valid proof as compare to indian evidence act, 1872. Panchama is required only when there is a dead body or during the auction of the property which WILL BE GOING TO TAKE AFTER SOMETIME OR MONTHS. Else panchama is not required.
any specify guidelines by the judicial precedent that when & in which cases panchama is required & if the sign of the witness is not there than also it is valid.
Thank U.
Pushkar Damle
17 June 2011 at 14:39
A complaint has been filed before JMFC U/s 499/500 of IPC and the process was issued to the accused ( Summary Trial) now the complainant is not having Advocate as his dependable Advocate is expired and the matter is at the stage of EBC (Evidence Before Charge) can the complainant file his EBC in Affidavit form or he has any other remedy for that, other than oral submissions for recording the evidence/
If there is any provision within Cr. P.C. please give along Supreme Court Judgments if any to help a victim to get justice
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
First Schedule Crpc & Confused.
Code of Criminal Procedure 1973 THE FIRST SCHEDULE
Query: Crpc, 1973 First Schedule says that which of the offence are triable or cognizable by which magistrate. But I have a query in mind after reading the Crpc, 1973 section 29 sub - section (3) Says That The court of a Magistrate of the Second Class may pass a sentence of imprisonment for a term not exceeding one years, or of fine not exceeding One thousand rupees, or both. Right but the First Schedule says that section 295 & 295A are cognizable or triable by any magistrate how it is possible? It should be mentioned only by the First Class or any higher rank in magistrate right.
Also section 29(4)
Chief Metropolitan Magistrate & Metropolitan Magistrate but what are their limits. It has been said that Chief Metropolitan Magistrate has the powers of (“Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the first class”) so can we say that the offence triable or cognizable by the mentioned magistrate under sub section (1) & (2) of section 29 can be triable by the Chief Metropolitan Magistrate?
Also I would like to known that under session court which magistrate sits for the proceedings.
Also difference between Chief Metropolitan Magistrate & Metropolitan Magistrate because sub section 4 of section 29 uses the word (AND) for the powers given.
The below mentioned for read reference.
29. Sentences, which Magistrates may pass.
(1) The court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.
(2) The court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding five thousand rupees, or both.
(3) The court of a Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding one thousand rupees, or of both.
(4) The court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the first class.
Thanks.