Anonymous
27 May 2011 at 15:38
when a contempt is committed by defendant by filing false affidavit in SR. Div Civil Court, where does petition for contempt of court lie?? which section/provision??
Anonymous
27 May 2011 at 15:28
319. Power to proceed against other persons appearing to be guilty of offence.
(3) Any person attending the court although not trader arrest or upon a summon, may be detained by such court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed.
a)Meaning of trader arrest?
An order passed u/s 319 Cr.P.C. is the nature of final order and the same is a revisable order. So revision petition can be filed. But by reading the section I can’t make it out that whether the revision petition can be filed. Who to understand after reading the section’s mention under the crpc that revision petition can be filed or not? In Short (Means which order can be revised or revision petition can be filed against it how to known ? )
b) Whether revision petition against the summoning order of Magistrate (in State Case) maintainable before Session's court. Yes But (What does state case means ? )
Anonymous
27 May 2011 at 11:17
I have an interesting case of NI 138.
One person of A state opens an office in state B and sales materials from there.All invocies are from this new state but material is transfered from original state.
Payment against supply is made by cheque which is presented in the state A and not in state B. Whether complaint can be filed in state A.
Adv. Anil M. Sharma
27 May 2011 at 11:14
Dear Sir,
I would like to know about any order, judgment, notification or any circular in respect of the amended provision of Criminal Procedure Code in Section 372 from Bombay High Court. While filing any Appeal against the order of Acquittal in private complaint case like Sec. 138 of N. I. Act, is it necessary to take leave from the Hon'ble High court even if is filed in Session Court. please make suggestion and expert comment on the same. I am confused due to order of rejection of my own appeal under amended section 372 of Criminal Procedure Code.
please suggest needful with any of the above material or its source.
thanking you.
Anonymous
27 May 2011 at 10:57
respected lernade peoples of this site pls tell if a divorce women marry with a man who consel fact of his previous marriage, though his 1st wife is not living with him,bt they didn't get divorce. both are living there own at different cities.
2nd wife after marriage came to know that he is already married man. she asked him about this then he say we are living separate and don't have any connection with her. you dont worry. aftr 4 month of this marriage couple got some problem then this second wife left him and started living alon by her own . husband and in law's treated her badly and tortured her. what legal remade can she get? U/s 125Cr.pc can she ask for maintenance.
And/ Or U/s 13(1) (ia) HMA can she file a divorce case.
or U/S 11 HM act file a case for declaration of nullity in clause (i))of sec 5 saod act ,
and why not husband and relatives of boy booked U/s 498a, 420,120b, 406/34Ipc .
is there any latest cals law in this favor plz enlightn with your knowledge
Anonymous
27 May 2011 at 10:00
Private Complaint with Sections 65,66,66A,67 of Information Technology Act and Sec 3,4 & 6 of Indecent representation of Women Act & IPC 180 and IPC 109 registered in a Lower Court.
In a I class magistrate court, a private complaint has been registered for the above sections and acts. The complainant created some Xerox papers of printouts which he claiming “ these xerox copies of printouts posted by the accused No.1 from City B to City B itself, but have mentioned the sender details as of in the City A. Now none of the letters posted in CITY B reached their destinations but returned to complainant who is living in City A”.
Particulars of the Xerox copies of printouts which the complainant claiming to be received in post due to return by postal department as the TO addressee not available:-
1. A xerox paper containing all text characters describing dowry case & other criminal cases between the complainant’s neice and accused No.1.
2. Some photo graphs of complainant’s son and his neice when both were standing beside each other (no nudity or obscenity is there)
3. One photograph of wedding in which bride(complainant’s neice ) and accused (bridegroom) are there.
Now by claiming that these material posted by accused No.1 AND the photographs were stolen
By the accused in January 2007 from Ernakulam (where is Andhra & where is Kerala) which were taken by the accused himself and then he copied them in a CD and stolen away from Ernakulam (Attached IPC 380) . AND AND this acts have been supported by the Accused parents & siblings SO they all must be punished along with A1 (attached IPC 109). For this, the complainant took a strange stand that he visited A1 house and that time A1 along with his parents & siblings presented there. And when the complainant asked them to stop sending these letters to CITY B, then A1 and his relatives shouted on him to get out of the house. SO the complainant is assuming that all the relatives of A1 are abetting the crime of A1 and thus punishable along with him. (He used ASSUMPTION word only in the private complaint).
The aftermath of this private complaint is due to the CORRUPT court staff, the order got passed under 156(3) directing the police to register FIR and investigate.
Now these are the flaws of the private complaint:
1) To apply Section 66,66A and 67 of IT Act, the communication must have been done in electronic form using any computer resource or device. For Ex: E-mail, SMS, MMS, Tweets, Chatting Messages from Computer, Cell Phone and PDA etc.,.
2) To apply Section 65 of IT Act, the changes must have done on computer source code. And generally Software companies who develop software and having proper licence/copyrights to prove that they have generated the Computer Source Program would file this section.
But whereas in this case, there is no such data in electronic form AND no communication service or devices are available. As well as there is no such software developed by the complainant is available. But the Hon’ble Court has registered the private complaint for the above sections.
3) There is no publishing of the papers in the press, news papers or periodicals or in any web site
AND only thing the complainant claiming that these letters distributed by POST , but whereas he himself admitting that he only received those letters due to Non_delivery by the Postal Department. AND moreover there is no nudity in the photographs which enclosed with the private complainant.
So, where is the applicability of “The Indecent representation of Woman Act, 1986” for this allegations.
4) Theft in Dwelling House (IPC 380), the complaint who is a resident of City A of Andhra claiming
That in January 2007, A1 attended some marriage function in City C of KERALA and taken some photographs of the function himself and copied to a CD and stolen away from Kerala. And those photographs only he has used to post.
Now, where is the locus standi of complainant to apply this section. And where is the jurisdiction of the AP court to register this section. One important thing is complainant is MALE (maternal uncle of lady who is in the photograph along with complainant’s son). WHETHER THE THEFT does not mentioned any property related to complainant or THE THEFT not mentioned to be COMMITTED in the complainant’s DWELLING HOUSE.
5) Punishment for Abetting Act (IPC 109), the complainant mentioned that HE visited house of Accused and asked them to stop posting the letters to City B, but A1 and his relatives didn’t listen to complainant and shouted on him to go out. So it seems that relatives of A1 are abetting the acts of A1 and they also punished along with A1 for all the sections and ACTS.
Now, Here is there is no date and time mentioned in the complaint when the complainant
Visited the house of A1 (Becoz there is no such incident happened) and that too A1’s house located in adjacent city (City D). But the great Hon’ble Court registered this private complaint then and there itself(on the same day of submission) and given order U/Sec 156(3).
The Current situation is the POLICE are reluctant and afraid to investigate this matter, Because in the same police station there are other 3 criminal cases ( dowry harassment case, Eve teasing case and IPC 354) had been registered between complainant’s neice and A1 and in trail AS well as two maintenance cases (Domestic violence and CRPC 125) are running between them.
The funny thing is The Same Hon’ble Court staff registered a private complaint for the Act named “Disfigurement of Women in Public Place Act” (Which does not exists in INDIAN LAW) among with other sections by using the same letters and photo graphs. The complainant for this earliler private complaint is the lady (Present Private Complainant’s Neice).
I request the learned members of this forum to throw some light on this that WHETHER any action(criminal case) can be initiated on the Hon’ble Court staff & complainant for registering such a baseless complaint which does not attracts any primafacie and broken all rules of Laws and Acts.
visha lranjan
27 May 2011 at 08:59
what is the difference between police custody and judicial custody? please tell about the difference in bail provisions regarding the two , if any??
prashant pundhir
27 May 2011 at 05:06
In a case of 302,307IPC,three persons was named in the fir.During investigation,i.o. deleted the names of two out of them and fild the charge sheet against one from whose fire the desease got dead .During trial PW1 to PW4 declared hostile .In the contested statements of pw5 and pw6,there came the name of the other two persons in the firing .Prosecution moved the application of 319cr.p.c.to summon the rest two persons and the disposal of that application pending .The view of high courts and supreme court is that the powers given to the court u/s 319cr.p.c. are very special and the court shall use them very carefully and only on behalf of the strong evidence against summoning persons .Just the oral evidence is not sufficient .
I request to the respectable forum members to please give there specific comments on it and make my argument easier .
Thanks .
Anonymous
26 May 2011 at 22:47
Sir, In an accident case(Under Section 279/304-A IPC) in Delhi the court after considering the plea bargaining scheme and mutual settlement between the accused and victims side, has now finally for probation report from the probation officer. I would like to clear the following doubts/queries as under:-
1. How normally the probation officer makes his report against an accused and what sort of various aspects looks for the same.
2. What kind of enquiries are made by the probation officer from the concerned police station or neighbour etc.for inclusion in his report.
3. Under what circumstances the probation officer send his adverse remarks if any to the court and whether the probation officer can take into consideration of other criminal or civil cases one of his ground for such report.
4. What are the general function and duties of probation officer.
5. Can an accused under above circumstances deny the court for any such unpleasant situation or request to send the file for regular trial till today.
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Throw out of my room
sir's today my husband and my son forced me out of our room and asked me to stay in a gust room in the same flat.
they took all the keys of the rooms and wardrobes from me.
now i am told to use that guest room only
they have given me one ket of the guest room and a key for the steel wardrobe and they have kept a duplicate key of the same with them.
they even took back the mobile phone i had and told me the reason that as the phone was bought from their money they will take it back.
my i card and my pan card is also with them as i do not know anything about the income tax and my husband used to maintain my i.t. file.
can they do this with me?