Anonymous
15 April 2011 at 22:24
Naveen reports an FIR u/s 452 IPC against Sandeep, Amit(both brothers) and their father Shyam. No such incident took place the reason for filing the FIR was partition suit pending in court between father of Naveen and Shyam. Finally, the court passes a decree and judgement for partition which is agreed upon by father of Naveen, Shyam and Shyam himself by signing in presence of judge.
In decree it has been mentioned that Naveen would take back the case u/s 452 pending in the court. To proceed with the petition is filed in high court u/s 498 for compromise and afidavit of Naveen attached for compromise. Now, Naveen is not appearing in court and is not ready for compromise.
Can the court dismiss the case? Is appearance of Naveen necessary? Can Court quash the FIR without hearing Naveen?
Anonymous
15 April 2011 at 21:31
Marutiudyog ltd vs. Ramlal (2005) 2 SC 638.
&
In CIT vs. B.R. Constructions (1999) 202 ITR 222 (AP) CFB.
&
SC in Ssouth India Corp Ltd vs. Secretary Borad of Revenue.
Required the hole case in detail pls any one provide me. it explain in depth of
It is not there in indiankoon.com so pls do the needful
The citation gives the non - obstante clause interpretation by the SC in depth.
munna
15 April 2011 at 19:51
wife died by hanging in the 6th month for the date of our maggiage.cause of her death was loss of her pregnency.she was in depression as she lost her pregnency.my father-in-law also knows the fact,but with the sayings of his another son-in-law he registered a case on me along with my parents under section 304b.after coming fronm remand on bail,i have come to know that this case is for dowry death.seeing the aligations they have made in the compliant i am really upset,as i dont not take a single pie as dowry.all the points mentioned in the complaint are wrong and i can prove it.but they are rich people.if they influence any one,what about me?so, i want to ask the court for cid enquiry in my case.does the court accecpts my request.me and my parents are ready for any investigation.weather it may be cid or narco analysis test as the section 304b is misused in my case.plz give help me by your valuable advices for getting justice.
Member (Account Deleted)
15 April 2011 at 18:01
I wonder upon such type of solutions provided by learned people here.Site administrater must maintain some authenticity of the views expressed here as it is a law related site.
I request to all people to see my query headed as " Investigation of the cognizable offence"
Anonymous
15 April 2011 at 17:51
Dear sir,
in continuation of my last query which is still not fairly resolve
under which section of IPC or CRPC husband can seek protection
when wife has already filled one false case with an intention to destroy the lives in the matrimonial home just to acquire the property in the name of husband & inlaws and unnecessarily increasing the period of the case so that husband who underwent mental sickness in absence of any medication either died due to starvation or should sent to mental asylum. old in -laws will died automatically as the only son turns mentally retarted.
mental illness is also caused by wife during her stay with family she used to give some medicine by the name of power capsule till then he was ok after then he went into mental illness.
hence for protection point of view which section ?
Anonymous
15 April 2011 at 17:06
Respected sir,
In case of criminal case if the accused admit the charges and donot claim for trail,what will be the next step. Still the evidences will be called for or hon'ble court will order for the conviction. Could you kindly give me any citation of SC that after confession no trail is required.
With kind regards
Member (Account Deleted)
15 April 2011 at 15:56
1. What is the exact procedure to be followed by police to investigate an information disclosing clearly a cognizable offence, as per Code ?
2. How is a report of police is submitted before a magistrate relating to a cognizable offence ?
3. Can police submit an investigation report to the magistrate relating to a cognizable offence without lodging an FIR ?
Papanna
15 April 2011 at 15:31
Dear Sirs,
Is "Account Closed" Bank endorsement attracted Negotiable Instruments Act? if yes under which Section?
Giridhar
15 April 2011 at 13:08
Is it possible to get an Anticipatory Bail in a criminal case for a person, if the victim is still in the hospital. people says that the criminal law restrict the provision of Anticipatory Bail until the victim remains in the hospital.please clear my doubt
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habeas corpus
Brief facts
The petitioner was arrested on 21/11/1990 by zamania police in connection with crime no.402 of 1990 u/s 25 of the Arms Act and section 207 of the Motor Vehicle Act.The petitioner was detained in dist. jail ghazipur in connection with the above case.During the custody of petitioner in dist. jail ghazipur he was served on 10/12/1990 with the detion order passed by the joint secretary to the govt of india.Ministry of finance, dept of revenue,new delhi u/s 3(1)of the PITNDPS Act,1988.the petitioner was given the grounds of detention along with the copies of documents relied on by the detaining authority along with the detention order.
In the grounds of detention it was stated that on secret information of the officer of varanasi and delhi units of narcotic controll bureau intercepted shanti swarop and a.k choudari alias p.p singh on the night of 12/13 august,1990 at the indra gandhi international airport(terminal 2),new delhi when they reported for boarding flight no.k.l.836 to amsterdam.on search of their baggage,p.p singh was found to possess 975grm of heroine concealed in a false bottom of his shoulder bag.on the basis of statements and disclosure made by these persons,the house of petitioner,his father n brothers were searched and 855.25 gm of foreign marked 7 gold biscuits n some incriminating documents were recovered.the father n brothers of the petitioner in their statements admitted their involvement in the bussiness of heroin.kamta rai also stated that the petieioner fell into bad company and started preparing heroin from opium and the petitioner also joined his brothers in the said business and from the money earned from the said business the petitioner had purchased one flat at andheri(bombay).the statements of the members of the petitioner's family clearly revealed that the petitioner had been engaged in the clandestine business of preparing and selling heroin.
on 7/11/1990 a complaint was filed against the petitioner and others under the NDPS Act,1985.before any warrant of arrest could be served on the petitioner in respect of the aforesaid case logded under NDPS Act,1985,the petitioner was arrested on 21/11/1990 in the case registered under the Arms Act and the Motor Vehicles Act.he was arrested and detained in district jail,ghazipur.
the petitioner moved an application for bail on 3/12/1990 before the session judge in respect of the case under NDPS Act,1985.
the detention order u/s. 3(1) of the PITNDPS Act,1988 was passed by the joint secretary to the govt. of india on 4/12/1990 and the aforesaid detention order was served along with the grounds of detention on 10/12/1990 while the petitioner was in district jail,ghazipur.
the petitioner made a representation to the president of india and joint secretary to the govt. of india on 22/12/1990.the central govt. rejected the representation on 21/1/1991.
the petitioner then filed a habeas corpus petition in the allahabad high court challenging the detention
argue before hc division bench of 2 judges in writ petition of habeas corpus of that detenue or for uoi apposing the writ petition