wifebetrayed
01 May 2011 at 00:25
hi
chargesheet is filed against me, how will i receive copy of chargesheet, would it be sent in form of summon from court to my address, or i need to approach police to get it.
After chargesheet, how much time it take to trial to start, can accuse be arrested in meantime. Does AB which was taken before still hold vaildity or it expire after transfrer of case to court
Anonymous
30 April 2011 at 23:52
Dear advocates,
Kindly let us know whether Letter patent appeal can be filed against the order of single bench judge in criminal writ petition.
If it can be then under which provisions.
is there any time limit in filing of Letter patent appeal. if , then of how many days.
Thnk for u r kind support
Anonymous
30 April 2011 at 14:46
I wish to file a criminal complaint against committee members of my cooperative society for disconnecting one of the two water connections to my flat. Please tell me how to go about it.
Anonymous
30 April 2011 at 14:33
some body put a criminal case against my friend for threat by email.police arrested him on behalf of that printed copy of about 50 email.final report has been submitted only evidance are print copy of email.police has not seen any origenal email in any inbox and email are un attested.1-we should request to the court for orginal attestation before the argument because my friend says that some emails are fake.. its created by any typist.2- if some emails are fake and not found in her email inbox then we can put section 194 against her.3- IT act could be fram or not..? IT act could cover threat by email or phone.
Anonymous
30 April 2011 at 13:21
respected sir,
my self ashish kamthania advocate and practicing in taxation in rampur up.
near by me a associate of two non law graduate persons are open his office and start practicing in taxation (income tax, vat, service tax & others).
both of them opened joint office, named
R.M.ASSOCIATES
first of them is m.com but never completed his LL.B. but on the office flax board he write his name and shows degree M.COM. LL.B.
and second of them is phd in commerce and now doing LL.B. but on the office flax board he write his name and shows degree Ph.D. M.COM. LL.B.
but on the office flax board both of them not write advocate but start practicing as advocate. they effects my practice my 50% client is well known of them and those shifted from me to them.........
what is the write procedure to save my clients and legal proceeding to save those clients who is going to cheat by them.
PLEASE SEE THE ATTACHEMENT ALSO.
ashish kamthania
advocate
e-mail : kamthaniya@gmail.com
mobile : 09258010105
Anonymous
29 April 2011 at 23:47
Dear members including the experts: Can anyone explain me about the following:
If statement of PW was recorded in the trial court but somehow the original last statement of PW was found missing and only carbon copy available.
In his previous statement PW admitted that he mentioned the name of accused on the behest of interested party means the complainant, police or the prosecution whereas in the last statement he re-tracted his earlier version and deposed that he knew the accused very well but its original was found missing.
Now the question is: Does that carbon copied last statement of PW would be admissible as evidence wherein in earlier statement he denied it as mentioned above?
I am enclosing Sec 35 of Evidence Act for reference of the learned members because I am fully confused as to whether Statement recorded in the court, signed by PW and attested by the Trial judge would become a Document under this section or it is something else which no act, law and court can define and if that be so then why reliance on that document to convict an accused?
bhushan singh charan
29 April 2011 at 21:53
WHETHER CHEQUE PRESENTEDin catagory of self and by virtue of fraud amont withdrawn from account of drwaer of chequeby another person without permission of drwer nor payment withdrwa nwwhetther person who cheated and without peras given to drwer by holder of cheque. WHETHER PERSON WHO WITHDRAWN MONEY FRADULENTLY CAN TAKE SHELTER OF NI ACT OR NOT. KINDLY REFER CASE LAW IN SUPPORT OF ANSWER?
Advocate.S.A.Siddiq
29 April 2011 at 21:08
In cheque case, accused filed petition u/s 91 Cr.P.C for order to produce the documents of complainant.
Complainant reply to the court - the accused cannot entitled the documents from complainant u/s 91 cr.pc ... is it correct or not ?
citation:-
DATED: 24.06.2010
CORAM
THE HON'BLE MR.JUSTICE T.SUDANTHIRAM
CRL.R.C.No.1016 of 2008
A.V.Anbu Chezhian .. Petitioner/accused
Versus
P.Ambikadass .. Respondent/complainant
Petition filed under Section 397 r/w 401 of Cr.P.C, against the order passed in Crl.M.P.No.1438 of 2008 in
C.C.No.11 of 2008, on the file of the Judicial Magistrate, Vedarnayam, dated 01.07.2008. For Petitioner :
Mr.M.Vijayakumaran
For Respondent : Mr.S.Sathiamurthi
- - - - -
ORDER
The revision petitioner herein is an accused in C.C.No.11 of 2008, on the file of the Judicial Magistrate, Vedarnayam and the respondent filed a complaint against the petitioner herein for offence under Section 138 of the Negotiable Instruments Act. The petitioner herein filed an application before the trial Court under Section 91 Cr.P.C., summoning documents such as bills, accounts and income-tax returns relating to the period 1995-2004 to be produced by the complainant. The said petition was dismissed by the learned Magistrate. Aggrieved by the order of the learned Magistrate, the petitioner had preferred this criminal revision petition.
2. The learned counsel for the petitioner submitted that as per the complaint, the cheque was given by the petitioner to the respondent and the cheque amount was Rs.10,50,000/-. The petitioner/accused was doing business with the respondent/complainant for the past ten years and he had paid all the dues and only a sum of Rs.1,50,000/- is due. The blank cheque which was given by the petitioner herein to the respondent as security had been misused by the complainant. The learned counsel for the petitioner further submitted that though a
presumption under Section 139 of the Negotiable Instruments Act arises with regard to the liability, no presumption could be drawn for the existence of the legally recoverable debt and the accused is also entitled to prove his defence that there is no legally recoverable debt. To prove the innocence of the accused, the documents are required. It is the duty of the complainant to show how there is a legally recoverable debt and he should have maintained an account for the business transaction and it should have been reflected in the
income tax account also. As such, duty is cast upon the complainant to produce the documents, but the learned
Magistrate by dismissing the application filed by the petitioner has caused a prejudice to the accused and it
also hinders the defence case.
3. The learned counsel also relied on the decision of the Honourable Supreme Court reported in 2008(1)
Crimes 227 (SC) (Krishna Janardhan Bhat vs. Pattatraya G.Hegde).
4. The learned counsel appearing for the respondent submitted that the order passed by the learned Judicial
Magistrate being an interlocutory order, no revision lies before this Court and also relied on the decision of
the Honourable Supreme Court reported in 2009(2) Crimes 1 (SC) (Sethuraman vs. Rajamanickam).
A.V.Anbu Chezhian vs P.Ambikadass on 24 June, 2010
Anonymous
29 April 2011 at 17:00
Whether an order u/s 190(1) (a) is a pre requisite for proceeding u/s 200 Cr.P.C. and whether such an order should be speaking one?
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
false affidavit
In a co-operative society a member has filed an affidavit saying that that the flat is purchased for a residencel use and no change of user will be there.After the flat got transfereed on his name he removed 2 shop act licences on the flat adress and started a buisness of sticker printing.Now society has objected him for the same but he is saying this is my flat i can do anything.A complaint given to the corporation gone to the dustbin.however society managed to get the shop act licence certified copy from the concerned office with the help of Rti.Now what action can be taken about the false affidavit submitted by him to the society and we can stop his commercial activities in a residential society.Suggest some strict action criminal/civil for quick solution.