D S DOCTOR
02 January 2011 at 19:17
is document placed u/s 244 of cr.p.c.is treated as charesheet? section 244 of cr.p.c. is only help the presiding officer for prima facie that for to proceed further against accused or not and after that Prosecutor get second chance to lead additonal document. pl provide opinion and citation of apex court if possible as this is case other then police report
D S DOCTOR
02 January 2011 at 18:24
I am prosecuting Class A CENTRAL GOV`T PUBLIC SERVANT, IRS, TOP INCOME TAX COMMISSIONER SINCE 2002 AND PROCESS ISSUE ON MY PRIVATE COMPLAINT,U/S 409,467,468,469 and 471 OF IPC along with 13(1)d of POC ACT, NOW I AM DEEMED PUBLIC PROSECUTOR FOR CBI.ACB AS IAM DIOINING WORK OF STATE,THEN I AM ENTILE FOR SAME AS PUBLIC PROSECUTR GET?
D S DOCTOR
02 January 2011 at 17:49
person can cross the evidence place u/s 244of Cr.P.C. i.e. before the framing of charge?
insaniyat
02 January 2011 at 16:43
Dear All,
1. Me and my family members been implicated in false 498a and DV cases in 2009. Argument stage still yet to come.
2. Recently in her cross examination she said that she had no connection with her in-laws and they never visited the matrimonial home.
3. Presently she is staying in her father's house where she pays rent.
4. My lawyer asked her, after having so much trouble in your life, did your father still force you to pay the rent? She said yes.
5. She admitted many other charges made false against us.
6. When asked, then why did she file DV case? She said she want money to support herself and children.
7. That means all other charges are nothing but fabricated as she needs money.
My lawyer is saying I can go for Quash now.
My questions are;
a) What is Quash?
b) Can I go for Quash based on her cross examination?
c) What happens to DV and 498a, once it gets quashed? I mean, me and my family members are completely out of the court cases?
Please advice.
Thanks in advance.
JEGADEESAN
02 January 2011 at 16:30
I wish to clarify one thing about Director's Responsibility in the Company.i.e. M/s.JSK Pvt Ltd was incorporated in 2009 with 3 Directors.Further it has obtained a Loan from one of the relatives of the directors for Rs.10 Lakh.The Loan agreement was signed by the Mr.Guna one of the Director & the Lendor. Subsequently Mr.Guna was dead & the lender has asked the remaining director to settle the Loan personally.Whether it is valid under the Companies Act 1956 & any other act?
Further the Lender has deposited (but it was dishonored by the banker due to insufficient funds) the PDC in his bank even he knows the Death of Mr.Guna ? Is it legally affect the remaning director?
What will be the responsibility of the remaining Directors in this regard?
Regards,
S.jegadeesan.
Kumar Krishan Agarwal Advocate
01 January 2011 at 22:38
My Learned Friends,
Day after Tomorrow! I will have to file a criminal petition against the accuseds before the C.J.M court of law. That the complainant party is requesting to me to file Xerox copies of annexed public documents (such as all Medical Reports, X-Rays Reports get by District Govt Hospital), with the criminal petition while I am telling that We have to submit only the original public documents made by the Govt. District Hospital for the fresh trial of criminal case before C.J.M.
Now my Queries are:-
1. Will the xero copies of the public documents get through the Govt. District Hospital is sufficient & may admissible to file criminal complaint against accuseds?
2. What happen if we not file the original documents and may file Xero Copies before CJM Court Or may keep all original documents with us and only submits xero copies exclusively before magistrate court?
3. Will the Xero copies are called primary evidences or called secondary evidences before court?
Anonymous
01 January 2011 at 18:49
A wife has filed a DV Act case U/S Sec. 12 & 23 and also U/S 125 Cr.P.C. against
her husband by saying that she doesn't have any Source of Income and she is on the stage of Starvation. The husband collected :
i)information that she is employed and getting a salary of Rs. 15,000 per month.
ii) Further, a transaction of Rs. 2.50 lakh was made in the month of septemeber 2010 in one of her S.B.A/c with SBI and another transaction of Rs. 3.60 lakh was made in her another A/c with the same branch of SBI in October 2010.
Now the husband wants to file a case U/S 340 Cr.P.C. for perjury U/S 193 IPC.
While the Salary information is from the employer on its letterhead , the information on Bank transaction is genuine but not from authentic source. Since the Bank staff was known to the husband that is why he provided the copies of journal of her Bank Transactions. in both her A/Cs .
Now the question is- Could these copies of journals of Bank Transactions be filed alongwith the Applicaion of 340 Cr.P.C. These statements are unsigned without any seal and signature of Bank officials.
Kindly advise.
Anonymous
01 January 2011 at 15:52
Respected Sir/Madam
if by evidences it proves that lawyer of applicant has also done mediatorship and knows that respondent are correct.
in such case Domestic Violence case remains continue or megistrate will dismiss the case.
or respondent has to give application for the dismissal of case as case is filled by mediator through false allegation.
is court will take any step against lawyer and mediator.
kind help is needed
thank you in advance
Anonymous
01 January 2011 at 15:09
Since the last 2-3 years I am facing the harrassement/blackmailing by one ST/Sc men who had been my ex-employee. He falsely charged me u/s ST/Sc act. After the dismissal of his applications under CJM/Dist Court and High Court, presently one case is lodged u/s 202.
Second Case is in the court of City Migisterate uder wages act.
Third case filed is in the labour court Agra.
The sole aim of the complainant is to get money in lieu of various cases filed in the court.
It caused a serious impact on business and mental health.
I am seeking for any organisation/indvidual who can help me to fight against the misuse of ST/Sc Act.
Please suggest.
Thanks and Regards
Rakesh Kumar
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Do PDC's fall under 138 NIA or not ??
I have read somewhere that PDC's,if dishonored, do not fall under 138 NIA.
Is it right?
I have given blank cheques to someone 6 months back.He may fill up these cheques any time and get bounced--how can I prove that these cheques were security cheques??
Are blank cheques considered PDC's or not ?