Anonymous
08 April 2011 at 12:58
IT IS A CRIMINAL CASE. THE COMPLAINANT WILL APPEAR ONLY WHEN REQUIRED FOR GIVING EVIDENCE. YOU CANNOT COMPEL HER TO PRESENT ON ALL HEARINGS.
so what in civil cases whether the same above will apply.
Anonymous
08 April 2011 at 10:17
RESPECTED EXPERTS,
One month back my agriculture land caretaker visited my village.As he was a habitual drunker that day also he got drunk and started to distributed the people in market place.At that time my younger brother was also present there and after seeing my younger brother he started to asked for buying one bottle of wine for him.My younger brother try to persuade him not to disturb my younger brother and other people many time but he insisting for one bottle of wine.Thereafter my younger brother slap (one time) and pushed him and asked him to go home just to safe him from the anger of people as the people there was getting angry on him for his unwanted behavior.After that he left for his home.
On next morning I was informed that he got ill so I rushed to his house and I take him to Hospital. In hospital his relative came and I came back to my village.Latter on I was informed that he died.
Again two day after the incident i was arrested by the police on the charge under section 204/304 and I was kept in jail for 5 days though I am innocent in the case.It was only after arrest of my younger brother I was released on bail.
Now after investigation police also submitted that I am no way involved in case .But the Judicial Magistrate First Class did not discharge me on the ground that as section 304 is trail able by the Session Court, he/Judicial Magistrate Frist Class has no power to discharge me.
Now my quires are:
1.-Is the stand of magistrate right??
2-Is insert of Section 304 right in this case??? as the medical report also said that there was no injury mark and deceased had a chronic disease.
3.Do magistrate has no power to change the section wrongly inserted by the Police in this case.
4.Possible remedies for me and my younger brother.
5-Meaning of section 204 in this case.
6-Any other legal advice with citation of SC/HC.
Thank's in advance
Anonymous
08 April 2011 at 09:34
can a trial court dissmiss a petition filed for dishcharge staing that the petitioln is dissmissed on the confession of Accused (x) the person "x" is absconding as per the charge sheet and Fir and the order in the petition is delivered after four years staing that that it is a premature stage. What are the Apex copurt judgements in this case.
I thank the experts in advance if the experts given their valuable advice.
Anonymous
07 April 2011 at 23:53
petitioner u/498A never present in the court .
give me some case law refernce related on this ground
Anonymous
07 April 2011 at 23:22
Whether provisions of Sec. 138 of NIA are applicable to a "bearer" cheque ?
Arka Foundation
07 April 2011 at 21:09
what is time limit to file 498a from the actual date of offence taken place?
There is no time bar, for the complaints entertaining by POLICE even after more than six months of the offence taken, as calimed by the Complainant in the complaint.
Can any one enlighten in this regard.
NITHA NARAYANAN
07 April 2011 at 21:08
what is the difference between sec.304B&sec.306 of Indian Penal Code?
Anonymous
07 April 2011 at 18:54
Dear sir,s
I had issued cheques without date, amount and name but signed the blank cheque and asked my friend that when i will give the cash and collect the cheque back after giving the cash i forgot to coolect the cheque back now after 4 years he deposited the cheques and sent notice of 138 section to me. please inform what should i do.
Giridhar
07 April 2011 at 16:01
Hello everyone! I am giri, final year engg student.Last week our family had a fight with our neighbor.My neighbor broke my mother's head and escaped from the spot. But after the incident, he himself admitted in the G.H and registered a complaint against our family members using his political influence. Police have filed complaint against our family members in the following IPC sections 296,323,324,506 (2).Now we are in a conditional bail.i got placed in a company,just one month is remaining for me to join. How to save myself from this problem and how long the court will take to grant judgment. will this affect my future.Will this make any problem in passport enquiry.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
goverment servant.
State Of Maharashtra
I need the act, order, section which i can refer to understand the duities of goverment servant & public servant as per section 21 of the indian penal code, 1860. all the act which a person should know that what are the appeal rules or section applycable to goverment servant & public servant their duties , code of conduct , evidence act apply cable to them every act & sections or order so canbody give me the act, order or section which should be refered to known each & every thing about the goverment servant & public servant ?
I have heard that there is a SC case law(S) which make the difference between goverment servant & public servant so can i have the case law for the respected Jurist.
Public Prosecutor, Assisstant. P.P. Addititonal P.P. , Goverment Pleader, Additional & Assisstant Goverment pleader , PM , MP, DCP, Police insepctor, constable, superitendent of police , Commissioner Of Incoem tax, addititonal commissioner, assisstant commissioner, Chief commissioner of incoem tax, are all goverment servant am i right ?
Any Judge & magistrate is a judicial officer as per the judge protection act. am i right ?
Thanks.