Husne Mubarak
08 April 2011 at 23:25
Dear Exerts,
1. A person/accused has been discharged.
2. A person/accused has been acquitted.
What are the practical differences between the above two sentences. Please let me know all the practical aspects.
Thank You
Anonymous
08 April 2011 at 17:17
A ) Quashing can be done in non compoundable offences.
B ) Quashing can be done by High Court only
C ) Quashing is applicable to criminal cases only in any stage before the HC ?
So as per point A SC has no powers to quashing ?
required the case law & section's mentioned the above 3 (A,B,C) points ?
Thanks.
Anonymous
08 April 2011 at 16:54
Memo is generally used in a situation where advocate appears on the behalf of respondent without submiting the vakalatnama, mentioning that he shall submit vakalatnama on the next fixed date.
Affidavit is used at the stage of evidence.
so it is allowed without the vakalatnama that a advocate of his client can present the case but vakalatnama if not submitted on the next day then what will happpen. also under CPC & Crpc where it has been written that memo is applicable for a day & than afterwords the vakalatnama can be submitted. so if the vakalatnama is submitted than the date acknowleding the vakalatnama mentioed will be of memo presenting the date or the vakalatnama presenting the date. ?
where it has been expressed in law or case law that vakalatnama can be submitted afterwords so this process is also applicable in civil cases also as it is applicable in criminal casees in any court ?
it is a major issue i seen today in city civil court ? & the issue was also raised by the plantiff advocate that the memo system is also applicable in HC & SC. ?
so i want to ask that whether any case law which says that memo process is also applicable in HC & SC .
Thank
Anonymous
08 April 2011 at 16:44
1)Marked documents means documents which are marked as exhibits in the court at the time of the evidence of the parties. When produced documents confronted to the parties of the suit and it is admitted by the parties that is known as admitted documents.
Query : any example of the above marked document & admitted documents ? so can we called marked documents as exhibit documents also.
2 The plaintiff's exhibits are marked alphabetically while the defendant's exhibits are marked numerically.
Para of Judgement
(As indicated hereinbefore, the factual issue involved in this appeal revolved round as to whether Exhibit A1 was obtained by applying force or undue influence upon the appellant. )
Query : we know that exhibit series if it is in alphabetical order A,B,C, than the exhibit documents is form platinff side but if the exhibit is in number wise eg : exhibit documens 1 ,2, 3 than it is form the defandant side right ?
But form the above para under bracket it has been given as exhibit A1 so whether it is form plantiff side or defedanat side.
also it has been said that exhibit a means good & exhibit b means the bad one also exhibi 1 means good & Exhibit 2 means bad ? is there any law of the above mentioned ?
thanks.
Battula Manikumari Apparao
08 April 2011 at 14:47
Respected All,
i have one doubt please suggest, my company supplied labels to courier service provider they paid by cheque which was dishonored as they close there account now ,i sent the demand notice to 1) company name, 2)person who placed order on mail.address of the above both notice are same but i sent the two notices.
we are not aware of the real owner of the courier services provider.I recieved the acknowledgemet of the notice which was sent by company name but not recieved the notice which i sent to the person.please suggest who will be the accused in such a situtaion if i file a complaint under 138 of NI act please suggest and can i file a complain?
Anonymous
08 April 2011 at 14:33
the signature on sale deed are already accepted by the seller in the court.But the police is still asking the for original document for signature verification by cfsl.
Is it necessary to get the signature verification in this case? while seller has already accepted his signature on sale deed in court.
Anonymous
08 April 2011 at 13:47
While filing a complaint under section 138 of N.i act, some times its numbering as C.C.. And some time its numbering as S.T.C. Actually whats the difference.. Am very confused.
can vice versa is applicable to CC & STC.
any more more more more more info about CC & STC.
any book on it or artilce or case law on it. pls tell me.
Anonymous
08 April 2011 at 13:37
need a case law apex court which gives the hole interpreation of inquiry, investigation & trial also the difference between them. as we know that section 2(g) & (f) has been defined inquiry & investigation. but than also the case law required.
case law required.
the hole text of it & not the citation pls.
Anonymous
08 April 2011 at 13:23
hi
fir file 2.5 months back, no chargesheet or challan file till now. noW my lawyer is advising me to excute bail. saying it is cannot be delayed for long, bail was taken 2 month back.
Bail condition which i cannot full fill visiting PS every week. it is 3 days travel one side
I know i cannot follow this condition if i do i loss my job in delhi.
iF I surrender then what would happen, I have enough proof to prove allegation are wrong but is there a way to avoid arrest
After arrest in how many day court case would start.
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Regarding FIR
Dear Experts,
A person who has committed a murder, surrenders to police station and voluntarily confesses to the officer-in-charge of that police station.
Since, it cannot be considered as a confession u/s 26 of the Evidence Act, then is it an FIR?
If not, what is the proper legal term?
Thank You