Anonymous
16 May 2011 at 14:30
As per the amendment in Section 202 of CR.P.C. Following insertion is made" and shall when accused is residing at a place beyond the are in which magistrate exercises his jurisdiction". Now as per this amendment Whether it is incumbent upon magistrate to compulsorily postpone the issue process or if a material before him is like such in a case when offence committed can be seen prima facie and accused is beyond the jurisdiction. Whether Magistrate can pass an order of issue process when he has satisfied primarily when accused is beyond the jurisdiction instead of sending it for investigation or the word shall denotes that he must send it for investigation. What is scope of words in the section "Sufficient Grounds"? Are there any case laws after the amendment of 2005 which says magistrate can pass an order of issue process directly instead of postponement of issue process, when magistrate is satisfied prima facie. Please send me the Object of said amendment of 2005 also.
Anonymous
16 May 2011 at 14:23
Cany any member explain me the Section 4 of Dowry Prohibition Act,
What are the ingredients shall be proved by the prosecution
OR
What defence have to be taken
if any citation pls quote........
thanks
chaten
Anonymous
16 May 2011 at 14:14
Please copying here a citation regarding above subject or send it to my email id urgently.
Sangali Urban Co-op. Bank Ltd. Vs Nandkumar Prashuram Prabhudesai
1994- CTJ-653. or any other citation applicable to above subject.
at our place CTJ is not available. so please copying the above citation urgenly. because on 22-12-2009 the final date is fixed. please
Anonymous
16 May 2011 at 11:45
My client is charged under section 406. The complaint against him is that he was sitting in examination hall during university anual examination. Supervisor (from university) called him in his room (out of examination hall) during the exam for some clarification. When he came back in examination hall (after meeting with supervisor) he run away with answer sheet. Exam timing was 9 AM to 12 PM. At 2PM he returned the answer sheet to supervisor. i want to know, is it the crime/offence of 406 or is there any authority/law that can help my client to discharge from section 406.
prsmitra
16 May 2011 at 09:23
articles recovered with the help of VRO by the police no independent panch taken by the police and also not to ask any people to as as mediator in busy locality
i required suitable decisions.
whether confessional statement given to the police on promise is admissible
Kumar Krishan Agarwal Advocate
16 May 2011 at 00:00
Dear Sir,
Q1. If the judge said to give bail to accused on Rs 30000/- with two sureties each then will the sureties belong to that city where the court situated or under court jurisdiction or the person of another city or outside city or court territorial jurisdiction will also give surety of the accused for his release.?
Q2. What are the things that the Judge require for accepting surety of a person for the accused release?
Like :- property papers , ID Card , voter ID card ?
Kumar Krishan Agarwal Advocate
15 May 2011 at 23:14
Dear Sir,
My advocate friend has trapped against the wrong FIR lodged against him under electricity Act 2003 by the Vigilance Team U/s 135/138(non-bailable) of EC Act before the concerned Police station. In Uttar Pardesh there is not provision of Anticipatory Bail like other states in India.
Now my queries are:-
Q1. Will my friend has to apply for bail U/s 437 of CrpC first for contesting the FIR before court or he directly file his objections against the Wrong FIR before court for testing the authenticity of the FIR ?
Q2. What are the shrewd defense steps to get out of this wrong FIR against him ?
Q3. If my friend keep quiet and sit at home will the FIR will automatically will be finished under Sec 167 of CrpC after if the no investigation occurred in six months or final report submits by the Police?
Q4. Is there any way to get out of the FIR without going deeper into it before court or a Cross FIR against the Vigilance Team will help in this matter to resolve it from both sides ?
pradeep
15 May 2011 at 22:38
MY CLIENT BROUGHT A PROPERTY VIDE REGISTERED DOCUMENTS AND THEREAFTER CREATING PROBLEM TO MY CLIENTS. RAJASTHAN POLICE TAKEN POSSION TO MAKE PIECE AND RETURN AFTER COMPROMISE IN BOTH TH PARTY.MEANWHILE I GOT STAY ORDER FROM ADJ. BUT WITHOUT VACATION OF STAY RAJ. POLICE HANSDED OVER KEY OF PROPERTY TO SELLER WHO HAVE NOT GROUND AS HE HAS SOLD PROPERTY TO MY CLIENT. I WANT TO FILE CONTEMPT OF COURT PETITION AGAINST SELL AND AS WELL AS POLICE(WHO IS NOT PARTY IN THE CASE). MAY I FILE CONTEMPT OF COURT PETITION AGANIST POLICE ALSO PLEASE GUIDE SOME CASE STUDY OF RAJ. HIGH COURT ORDER AND SC ORDERS IN THIS REGARDS.
Anonymous
15 May 2011 at 18:36
sir,
We have been arrested under pc act in feb 2009. CBI filed its charges sheet on 6.oct 2010 i.e. after a gap of 21 months. There are four accused in this case and the CBI is still to give a copy of charge sheet to one of the accused i.e. till may 2011 they have not given it. CBI also failed to supply the voice recordings CD or Cassette till date. Trial court ordered since nov 2010 to hand over a copy of recordings, but on every hearings the cbi gives some vague reasons or the other. Now finally when the court issued notice to SP they have a come with a new idea by saying that the office is shifting qand on the next date they will comply. On the next date they have given anaother reasons that the copy of recordings became corrupted and now fresh orders are required to get it copied from CFSL. When the supreme court itself has held that all pc matters to be taken up on priaority basis even after a lapse of 2 and half years no tria has begun. Now deficient copy to be supplied and framing of charges to be heard and then trial begins. One of the accused is falsely implicated , he wants to hear expediutiously is there any way out. is there any apex court decisisiuon which says inordinate delay without assigning valid reasons the case is liable to be quashed. cbi copurt is also not entertaining dischare application. the court says when it comes for framing charge then argumensts can be made . is there any remedy or is it an eye wash
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Proceedings u/s.138 of NI Act
A client of mine has received summons from ernakulam Judicial Magistrate's court on a charge against him u/s 138 of NI act. Is it necessary for the accused to apply for bail and furnish sureties. if yes, should bail application be moved at the first hearing itself?. In tamil nadu, for 138 NI act cases, such bail applications are not necessary. But in some states, they follow the bail procedure. Would any of our experts, familiar with the procedure in criminal courts in Kerala state, would advise?