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Anonymous   05 January 2011 at 16:17

cHEQUE DISHONOURNED DUE TO SIGNATURE DEFER

R/Sir
My customer give me a cheque which was dishonour due to signature defer,now what is remedy available to me as the customer has refused to make the cheque payment,i have to file a complaint u/s 420 IPC or complaint us 138 NI Act is maintainable in given facts.Kindly suggest. Thanks

Rajiv Gupta   05 January 2011 at 12:08

Internation Travel of accused

Can a person who is accused in criminal case (where case is pending in the criminal court) can travel out of the country for limited period?
Passport is not compouned by the police or court nor any photo copies of the passport are taken by police.

My question is:

1.Is it required to take the courts permission for travle for the period of 2 weeks.

Regards.

Anonymous   05 January 2011 at 09:54

bail

can a magistrate grant bail in Session triable case. i want to move a bail application for a arrested person under S.307 IPC

lissing perme   04 January 2011 at 23:31

HURT OR GRIEVOUS HURT??

FACT OF THE CASE= Mr. 'A' hit by Mr. 'Y' and 'Z' with a wooden piece,which caused a head and bodily injuries to Mr. 'A' i.e Mr. 'A' got a serious skull injury as well as bond of leg is broken.

QUESTION=(1) Under this fact do the 'Wooden piece' can be brought under the definition of 'Dangerous Weapon' as described in IPC.??
(2) Mr. 'Y' and 'Z' can be brought under what provisions of Cr.P.C and IPC.??
(3)is this 'HURT' or 'GRIEVOUS HURT'???
If possible pliz!! enclosed a similar citation cases by Supreme Court.

lissing perme   04 January 2011 at 23:28

Compoundable and Non- compoundable offence

How one can differentiate that offence is Compoundable or Non-Compoundable???

Anonymous   04 January 2011 at 23:19

498A, 406 False Streedhan Charges

I have today received the copy of the chargesheet in my 498A case - the chargesheet now have a additional charge u/s 406 which was not there in the FIR.

There is a long list of jewellery that they have stated is with me but my wife had taken these at the time she left uninformed.

I have secured regular bail at the time of FIR now I want to know what will happen on the date I appear before the trial court as there would be allegation from the other party for the items that they claim are with me. Can I be arrested - what is the defense for the false claims.

How the court proceeds in these cases I am new to it want to knwo how to defend or how the court proceeds in such cases.

Please guide.

Prashant Deshpande   04 January 2011 at 22:26

privillages of MLA/MP and Public servants

Is it require to get permission of any authority before filing criminal complaint in court against acting MLA/MP etc.

I'm going to file a complaint against one acting MLA who is director of a milk co-operative society. Complaint is under Prevention of Food Adulteration Act. The firm doesn't have nominated any person u/s 17(2) of the Act.hence I've to prosecute every director. Is it necessary to obtain permission of Chaieman of Lagislative Assembly before lounching complaint against MLA?

D S DOCTOR   04 January 2011 at 21:50

u/s 244 cr.p.c.

Documents/evidence place by prosecutor before sp-judge u/s 244 of cr.p.c. can trated as chargesheet?

DEFENSE ADVOCATE.-firmaction@g   04 January 2011 at 17:49

Issue of NBW in NI 138 cases.

I am preparing a writ petition to be presented shortly before SC regarding gray areas of NI 138 prosecution.

1) While on one hand the SC in Mehtre case dt 2.12.10 , has given direction that bail is right and jail is exception even in murder case ; but in NI 138 cases which is financial dispute given criminal procedure , the accused are being harrassed with NBW for unreasonable grounds.

2) In the act and procedure there is no provision that the accused can contest the illegality of case before trial.

So the provisions conflict with fundamental rights.

I request all concerned to assist me with their inputs and follow up action.

Anonymous   04 January 2011 at 15:55

Cant we stop another false 498a case

Wife put up Four 498a cases in previous years & compromised at PS itself & hence no case closure documents done.

Now this year too booked 498a on pretext of her word to be reigning over husband and planning to compromise once again.

She is ready to mention in case closure paper in terms & conditions that she would not approach court/police in future.

Question
1) Will this writing binds her legally in future, Yes or No
2) ortherwise what tomorrow she can again put a fresh case allegating that husband is once again harassing? Will again 6th 498a can be booked in another PS? Is this possible?