Anonymous
26 January 2011 at 15:39
sir, in a case of 420 IPC, the complainant is repesenting on behalf of a limited company. They filed attested copy of incorporation certificate. whether it can be marked or a certified copy from company registrar has to be filed. Please give the rule position and any citations in this regard.
Pranay
26 January 2011 at 14:20
Sir , i want to know that phone tape recording is admissable or not in Indian court as an evidence.
kumar
26 January 2011 at 00:43
Recently got married may 2010 and Wife got a stroke of Epilepsy one month after marriage on 6 June 2010, we were not made aware of it so i discussed it with my family members and decided to end this relationship (Marriage) as i m a Muslim by religion.
How do i go about filing the divorce?
What all i have to do to file divorce?
What all i have to do to get the Anticipatry bail for me and for all my family members?
I have a flat in Noida which is in my name , so will be claim the right to have residence or the portion of the said property?
How to avoide her calim on my property?
I live in Noida and wanted to move to Delhi first in a rented room and then i want to life the case from there is that a wise decesion?
PAVAN KUMAR AKA
25 January 2011 at 23:35
As far as my understand is concerned, Sec.41A (4) applies where the suspect had disobeyed the terms of notice, the police to arrest the said person for the offence mentioned in notice, subject to such orders as may have been passed in this behalf by a competent Court.
So, the police need not wait for Court orders to arrest the person who failed to comply the conditions. If it so, the police can arrest any person just by servicing a formal notice to appear before him for investigation and can create a story that he had not complied the same and as such he had arrested him and produced before the Court....
Is this version of understanding is correct? Can you please clarify me?
Anupam
25 January 2011 at 15:45
I recently found an article having caste discrimination and defamation of a certain caste.
Is such a writing an offence ?
If yes can you tell me where i can read more about this ? or any Penal Code associated with this
Thank you
Anonymous
25 January 2011 at 10:39
if a private person is caught under corruption thereafter he was unable to contact the govt servants since he was not known to them but the tainted amt was directed to hand over the same to govt servants. now if he says that the amunt belongs to him as his feees . will it be admissible evidence. will the court accept his statement.
Anonymous
25 January 2011 at 10:19
courses in Marine engineering:
I have to get an expert opinion on the following points.
1. My client is conducting a job oriented course Mechanical fitter in his mechanical workshop highlighting the tremendous chances in the field of repairing marine engine and boat repairing including ship repair services. He used to serve in Dock-yard and Ship-yard and send his trainees for the services in costal workshop. Recently he has been informed from the local police station that, he can not conduct the course without the approval of the Director General of Ship according to the Merchant shipping Act, 1958, since he is doing training on ship-related subject. I have gone through the Act and understood that the approval is required only for the employment in Sea-moving ships and the works in a moving ship. The compulsory certificate required for the employment in a Sea-moving ship is CDS, “Continuous Discharge Certificate” and its training is required only for those who are working in a moving ship. So I have filed a reply on the subject and the Police department is convinced with the reply and the institute is working now.
Some experts in Maritime law or the subject may kindly advice me on the subject.
The clarification is required on the following point.
1. Is there any statutory requirement from the Director General of Shipping under the Merchant Shipping Act 1958, for conducting skill development programme or one year training in the course Mechanical Marine fitter and welder course by an engineering institute?
2. Is there any illegality in conducting practical training by a mechanised workshop by collecting fees from trainees for joboriented courses. Any statutory requirement is necessary to conduct the same in Mumbai, Mangalore and Kasarogd.
Expecting a clarification.
A few details of the Act is extracted hereunder for easy reference.
MERCHANT SHIPPING ACT 1958
[THE MERCHANT SHIPPING ACT, 1958
ACT NO. 44 OF 1958
[30th October, 1958.]
An Act to foster the development and ensure the efficient maintenance of an Indian mercantile marine in a manner best suited to serve the national interests and for that purpose to establish a National Shipping Board 2*** to provide for the registration of Indian ships and generally tamend and consolidate the law relating to merchant shipping. PART PRELIMINARY PART I 3* PRELIMINARY
Short title and commencement.
1. Short title and commencement. (1) This Act may be called the Merchant Shipping Act, 1958.
(2) It shall come into force on such date3* as the Central Government may, by notification in the Official Gazette, appoint, and different dates3* may be appointed or different provisions of this Act.
Application of Act.
4*[2. Application of Act. (1) Unless otherwise expressly provided, the provisions of this Act which apply to-- (a) any vessel which is registered in India; or (b) any vessel which is required by this Act to be so registered; or (c) any other vessel which is owned wholly by persons to each of whom any of the descriptions specified in clause (a) or in clause (b) or in clause (c), as the case may be, of section 21 applies, shall so apply wherever the vessel may be. .......................
Anonymous
25 January 2011 at 09:33
Can I file a 482 Cr.Pc in Allahabad High court for quashing of Chargesheet.
How much time it can hold the case in High court as the chargesheet is normally not quashed without without trial.
I want to hold this for sometime but want to know how much time it can be held.
Ram Sowrya
25 January 2011 at 01:28
Dear Ld Members,
1). How many Police diaries will a case(single case) file have?
2).If an IO has been transferred or retired in middle or after the completion of Criminal Case(498a), who would be the IO on records?, when the case come for hearing (trials)
3). Any entries to be made in any diaries for the above(point 2) same.
4). Any orders must be taken from (Magistrate/CP/Superiors) to act as as IO for that particular casepoint 2.
your valuable answers appreciated
Thanks
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liability of accused person after giving the dishonoured cheque amounts during stage of arguments.
Respected sir/madam,
I am complainant and gave total amount of Rs. 3,10,000/- to the accused as a hand loan.The accused gave the cheque of Rs.2,00,000/- out of Rs.3,10,000/- against the said hand loan amount.
I presented the said cheque in my bank and the sane was dishonoured under the remark of "fund insufficient".Thereafter i served legel notice through my lawyer,but the accused fails to compliance the notice.
Thereafter i filed complaint against accused for the amount of Rs.2,00,000/- u/s 138 of negotiation instrument act .In my complaint i discribed total transaction of Rs.3,10,000/-.During the proceeding and at the stage of argument the accused handover the cheque of Rs 2,00,000/- to my husband. I withdraw said cheque amount after informing the court.
Matter pending before court for argument.
Now my question is that,i gave total amount of Rs.3,10,000/- to the accused and out of which he returned me Rs.2,00,000/- during proceeding,and my complaint is also for Rs.2,00,000/-.But what is the remedy for me the remaining amount of Rs.1,10,000/- out of Rs.3,10,000/-.?
What is the liability of accused for Rs.1,10,000/-?
Whether the court will held liable to the accused?