raghavendra
05 February 2011 at 16:07
sir,
can party himself can represent the case in criminal court without appointing the lawyer,can anybody explain
raghavendra
05 February 2011 at 16:02
sir,
in one case party himself representing the case , in objection he mantion plaintiff lawyer is a postman or like a postman ,is not it amounts to defamation .
can i file cse against him ,
pls tell me in detail
SURESH GODBOLE
05 February 2011 at 15:09
Dear Experts ,
Honble Supereme Court have given judgement with above conclusions .
My Simple Question to Honble Supereme Court is that Generally A Form is asked to be Filled , Or a ceremony of Oath is conducted from a person prior to joining any Organization etc.
While taking the Oath or filling of the Form it is invariably mentioned in the Form which the Signatory accepts in TOTTO that I am accepting the Ideology of the Organization for which it stands for.
Now , this acceptance itself makes the man suceptible in the eyes of LAW .
To give an example , if six people are planning a murder , they accept it , and put a stamp on the blueprint of the plan , but only three people carry out the murder , will not the other three accused of the complicity to murder. Though they were not actively involved in it .
It can be argued that these three persons were not actively involved but were involved in Planning the Murder and so equally liable to be prosecuted.
By the same token it can be said , though being a member of ULFA does not amount to be a Terrorist , but once a person has chosen the IDEOLOGY of UNLAWFUL MEANS TO ACHIEVE HIS GOAL (THRO GUN OR ARMS) He has become HALF TERRORIST . He may be attending their Meetings , conferences , where such ideologies of ULFA, Lashkar-i-Toiba etc would be discussed and planning made to implement them .
If it is proved that ignorantly or under Duress , he is compelled to become a member or for any other HUMAN reason , then he may be pardoned , but if he has become member intentionally and without any duress , HE IS SUPPORTING THEIR IDOLOGY WHICH IS AGAINST HUMAN RIGHTS, OUR CONSTITUTION , and PEACE PROCESS.
In my opinion Honble the Supereme Court may review its judgement. If there are other reasons for this judgement , they must be outlined in the media Reports and the Media be taken to task.
With regards , Suresh Godbole, 0-9929596546
Anonymous
05 February 2011 at 14:40
If a dispute between Evidence Act and Cr.P.C. arise,then of which statue will be prevailed.
Anonymous
05 February 2011 at 14:37
i am complinant and got final order the accuse is convicted for 138 ni case and 6 month punishment. Now accuse done apeel in sheshan court.now what process is accuse do in sheshan court and how much time taken for final order
Anonymous
05 February 2011 at 13:40
Respected Experts my query is about the INTERPRETATION OF STATUS .AS
Section 14 sub-section (3) of The Child Labour (Prohibition and Regulation ) Act, 1986 provided that
Whoever-
(a) fails to give notice as required by section9:or
(b) fails to maintain a gerister as required by section 11 or makes any false enrty in any such register:or
(c) fails to display a notice containing an abstract of section 3 and this section as required by section 12:or
(d) fails to comply with or contravences any other provisions of this Act or the rules made thereunder,
shall be punishable with simple imprisonmemt which may extend to one month or with fine which may extend to ten thousand rupees or with both.
Now my question are-
1- In a surprise inspection in the restaurants, the District Magistrate booked one restaurateur for engaging child labour in their establishment and a spot fine of Rs 30000/- was imposed.Is this legal/reasonable act by the District Magistrate or arbitary act by him.???
2- is this not against the " Leteral Intrepretation" of status.i.e if penal status provided the maximum fine of Rs 10000/- it possible under India legal system that Court deviated from it and fine Rs.30000/-???
3- is the find of Rs 30000/- by District Magistrat justiable under above provision i.e under Section 14 sub-section (3) of The Child Labour (Prohibition and Regulation ) Act, 1986
jaya
05 February 2011 at 12:04
Dear learned members,first of all i would like to thank you all for your valuable services here in the forum.i am a govt teacher in.andhrapradesh.i am the husband victim.its in the last divorce proceedings.i want to do the law with service motive for real matrimonial victims for free of cost.please suggest me is there any universities providing distance degrees of law or online courses eligible for practice?thanking you sir.
atul jadia
05 February 2011 at 08:51
I have been cheated bby just dial MUMBAI
without my authorization they have done ECS debit from my bank account and since last six months hav eneither refunded my money nor have taken action against people who have done this fraud
i want to filr a police complaint under what section do i file a complaint
also can this be taken to any court of law and under what section
Please advice
thank u
atul
Anonymous
05 February 2011 at 06:03
My father handed over a property of ours, to a building contractor, for some urgent repair & construction works required, but before the works could be completed, our father expired.
Now that said person refuses to vacate our premises, so we filed a complaint with the local police, but in return he came up with a fake rent agreement, forging my fathers signatures, claiming to being a lawful tenant.
We then on our own got a Handwriting Experts Report and proved to the police that it wasn’t our fathers signature, but meanwhile this guy filed an X party civil suit and got a ‘Stay Order’ along with anticipatory bail and has now brought his entire family wife & children, living with him there.
Now the police refuses to take any action until the ‘Stay’ on our property is not removed. We tried reasoning out with the judge in our reply & arguments with the ASJ who ordered the Stay, but in return he claimed the property was legally handed over to the guy by your father and if we want it vacated, then we should follow the due procedure of law and file an eviction suit.
Now what are our options. Is there any way or procedure that we can get the ‘Stay’ removed of our property, for the police to take actions. Or any other civil & criminal case we can file against the guy, since we have enough evidences to prove that he was never a tenant since there is no original Rent Agreement available, no rent receipts of any kind, the stamp paper used was not purchased by my father, but by some fictitious name, neither is the Notary Seal on it genuine, nor does it have my fathers real signatures etc. etc.
Because filing an Eviction Suit means years, before any final verdict by the Judge.
Also the police too, have completed their investigations and have various facts & evidences to prove that it is a forged agreement and that he is an illegal trespasser on our property.
Thanks and much obliged.
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u/s 244 cr.p.c.
Sir,
During the evidence u/s 244(1) of Cr.P.C. CAN Prosecutor can lay FRESH EVIDENCE ON THE RECORD AS EVIDENCE BEFORE CHARGE.