Anonymous
26 May 2011 at 22:28
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.
Anonymous
26 May 2011 at 22:27
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.
satya gaud
26 May 2011 at 20:25
Hi,
My query is regarding domestic violence act section 2(q) which is defining section of Respondent and my question is whether an aggrieved women can initiate a proceeding as per this act against her own real sister alleging that her sister is committing violence against her.
Anonymous
26 May 2011 at 16:51
In Discharge Application if there is only one accused the court has discharged only one accused the matter will continue in respect of the other accused whereas in case of quashing the matter is quashed and both the accused are discharged.
Case Law of the above mentioned lines.
Section 385. Putting person in fear of injury in order to commit extortion
Question: Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Wife file a complaint against husband claiming he has X amount of stridhan with him, which husband does not have. Husband and family is put in fear of police jail, would this attract section 385.
Answer: word used "fear" means - fear of criminal act or causing injury, and not a fear of being sued. So can I have the case law which say that ((((((word used "fear" means - fear of criminal act or causing injury, and not a fear of being sued.)
Anonymous
26 May 2011 at 12:50
hi,
marriage of my girl friend got cancelled because i revealed everything about us our relationship to her would be husband just a day before marriage and grooms family took decision to cancel this marriage.My question is family of girl could take any legal step against me???if yes what step they could take against me?
V. Ramakrishna
26 May 2011 at 12:32
Written settlement given for X amount during the year 2000, thereafter no oral or written undertaking given..
cheque for X + interest @24% presented ,dishonured..in the year 2003.
What is the type of this transanction between say A & B ??? does this attract
138 of NI act ????
V. Ramakrishna
26 May 2011 at 11:48
In the trial court the magistrate in the judgment says "" The Exp.. proves that the Exp..was issued regarding the transaction between the accused and Complainant as mentioned in Ex... it is decided that the accused is found guilty as per the Act """
Now the question is ,, can any cheque issued for any transaction be an offence
u/s 138 of the act???
V. Ramakrishna
26 May 2011 at 11:32
Can the Complainant draw a statutory presumption u/s 139 of the act ???
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Regarding probation report
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.