V. Ramakrishna
30 May 2011 at 16:40
"unless and until it is stated and proved that an offense coming u/s 138 made out as per the statue the presumptions u\s 139 cannot be drawn either by the complainant or by the Court "
I understand there are many SC judgements to support the above .
I would be gratefull if ref to SC judgement copy is up loaded in this site .
let me also know is the above stand
correct?
REgards
Ramakrishna
Anonymous
30 May 2011 at 16:35
Dear Sir,
A property owned by me in delhi needs to be vacated. The tenant is my brother and his wife. Although my brother has agreed to vacate the property his wife and their family are eying on this property and donot want to vacate.Recently my brother's wife and her family have taken a stay order from the court, as our lawyer did not inform us about the hearing date, and both myself (petitioner) and my brother (tenant) could not appear, and we have proof's of him joining hands with the other party, such as call records etc. What can we do now. How should we contest the court's decision of stay order, as my brother's wife has no say in this property. Only she had locked one room in this house, so that she becomes a third party in this case. secondly what action can we take against our lawyer for misleading us, we are now changing the lawyer.
Anonymous
30 May 2011 at 09:44
Respected Sirs,A case of forgery,cheating,falsification of accounts,impersonation and destruction of evidence was filed against my cousin before 40 years before a court of JMFC.During the course of investigations one of the witnesses'evidence was recorded by the I/O PSI.After lapse of ten days the same witness approached the I/O PSI and again stated some additional facts.During his deposition before the court the witness spoke pertaining to the first statement but did not spoke anything pertaining to the second/additional statement.At the end of the cross examination he was asked by the defence whether he has to say anything.He stated that he has nothing else to say.His evidence was recorded in the court 27 years back.I would like to know whether the prosecution can call the witness now and complete the deposition with regard to the second/additional statement of the witness.
Bruce Shiv
30 May 2011 at 08:18
my estranged wife filled false 498, 323 & 507 charges against me. I tried a compromise in the family court & she then in court admitted before the Judge she lied filing false reports in anger, as a result I was acquitted. The compromise did not work as she is a nasty unbearable monster to live with so I filed for a divorce in Australia (I am an Aust. citizen) Now she wants to reverse the courts judgment by saying she lied last time in court (again). Can she have the judgement quashed & restart the 498 trail?
Anonymous
30 May 2011 at 01:35
Does it really take more than 1 month to get copy of chargesheet from court. Fir was filed in Feb, as per my lawyer police has submitted report to court in april end, but i have not received any summon from either police or court. When I asked for copy of fir and chargesheet my lawyer said he has applied for it and it would take time to receive. I am in different state from state where complaint for 498a is filed.
I have got AB how long is it vaild.
Vijay Kumar
29 May 2011 at 22:12
Conviction has been ordered for carrying 10 Kg poppy Husk in a car.
Confiscation Proceedings regarding car are being held now.
Whether the Car SHALL be confiscated
or MAY be confiscated?
ripunjay sharma
29 May 2011 at 22:11
in sec.138 matter n.i. act accused is avoiding summon, bailable warrant several times since last 3 years with the collussion of concerning police station.court has ordered service of bailable warrant through superintendent of police,than also accused managed to avoide bailable warrant in collussion with police.
1.what's the further step v take.
2.weather we can file criminal mis. petetion u/s 482 in high court by making state through p.p,presiding officer of court,superintendent of police,station house officer of police & accused as respondant.with prayer of speedy trial & directions of service of summons to police with regards
ripunjay sharma (advocate)
Anonymous
29 May 2011 at 21:41
Sir,
In an accident case u/s 279/304-A the court of MM has informed the accused that he would be released on probation. Now, I would like to clear the following doubts:-
1. Can an accused after making payment of compensation as a result of plea bargaining u/s 265-B Cr.PC still deny the proposed release of accused on probation.
2. Under what circumstances the court may deny probation in the above said case and whether the probation is fully depend on the report of probation officer.
3. The accused has no previous record of committing above said office or involve in any other criminal offence, a civil case relating to property matter is pending in the court. Pl. clarify what would be the consequences of the case relating to release on probation under the above said circumstances.
4. Can the accused appeal any against adverse judgement of the court to higher court under the given circumstances.
Anonymous
29 May 2011 at 21:21
Respected sir,
At April 15th,we get anticipatory bail.we were asked to come with 2 surities each and we presented ourselves before the court with two surities.After all the formalities at court ,our lawyer said that anticipatory bail has now been granted.
My problem is that in recent days warrant have been came in our police station against us in the same case where we have taken Anticipatory bail.police station is exerting pressure on us and our lawyer is unable to say what we have to do...We are in a huge problem..
Please suggest what we have to do to avoid arrest.?
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Defamation suit agst false allegation by wife in div.peti.
Dear sir/madam,
pls advise me -my wife has charged me with false allegation of embezzlement of rs 3.5 lacs in a co.in div.petition filed by her in april-09.I have to file the case-what preparation necessury, and is witness also to be presented in court by me in this regard.thanks !