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Anand Pratap Mishra   24 December 2010 at 14:11

Theft and Burglary

1.Please tell me what is the difference between Theft and Burglary?

2. A FIR has been wrongly registered u/s 379. it should have been burglary.
How that FIR can be changed/modified/corrected??

N.J. MISHRA   24 December 2010 at 12:38

braech of trust

members please suggest me.

our appointed one chief officer for one of the ship managed by our company, a contract was executed between the chief officer and our company. the chief officer on the last moment refused to board the flight to dubai to join the ship from dubai and later confirmed the comapny that he will join the ship only in the end of thid financial year. later he send email to the company office that he had joined some other ship managed or owned by some other company. he joined the other ship without informing the same to our company, whther this act on his part draws criminal breach of trust, cheating or only a civil breach of contract.

already a notice has been issued to him for committing civil breach of contract, but i want to file a criminal case gaginst him then what will be the ingrdients of the notice. or i have to stand with the ingredients of the notice which i send him earlier.

Anonymous   24 December 2010 at 11:33

Unnecessary harassment

Sir,

I was Secretary of CHS in past and one lady in our society used to harass us with water problems, maintainence charges problem. She compalined with Registrar of Society, filed a case against society which she eventually lost as we the members of society did nothing to harass her. Now with no option left, she has filed a false criminal case against 7 members of the society for further harassment. Kindly advice.

Anonymous   24 December 2010 at 01:41

section 498 A cr.p.c

what is the legal remedy available to the accused of 498 a when after filing chargesheet after three years of F.I.R ,the charges have not been framed even after further expiery of one more year,to expedite the case?because this unnecessary delay is causing great harassment to the accused?

D S DOCTOR   23 December 2010 at 22:01

Cr.P.C. U/S 244

CAN ACCUSED ENTILE TO GET COPIES OF DOCUMENTS/EVIDENCE PLACED BEFORE CHARGE, PL PROVIDE APEX COURT JUDGEMENT

Anonymous   23 December 2010 at 21:47

Cr.P.C

1. In a criminal complaint in a summon case filed by a person other than state. the learned lower court accuited the accused. in which court the appeal should be filed. what is the time limit for filing of appeal against accuittal

2. In a complaint under section 138 of Negotiable Instrument Act, if accused is accused by trial court then in which court appeal against accuital shall be filed and what is the time limit for filing of appeal against acuittal.

Vishwas Dhavale   23 December 2010 at 21:21

Jurisdiction

Charge sheet u/sec.408,420, 465, 468, 469, 471(1), 477(A) of IPC and Sec.146 J, K,N,O,P,Q of Mah. Co-op. Societies Act.
Offences against Urban Co-op. Bank and amount involving aggregated above Rs.1 Crore.
Employees, directors, goldsmith, auditors are accused.
Charge initially filed in the Court of JMFC. If the amount involved is above one crore, can JMFC try the same or is it required to be transferred to CJM Court ? What is the provision ? Are there any authorities ?

RAVINDRA SOMNATH LATNEKAR   23 December 2010 at 20:54

Law dealing with Fake Lawyer

I have identified a person, who is not registered with Bar Council and I have received a letter from the bar council that his name is NOT TRACEABLE in the list.

This person has a criminal record and has cases against him under 138, 420, 468, 471 and 472 and is on bail now. He is practicing as a lawyer since 2 years in Bombay Highcourt and Pune court and is reputed Criminal Lawyer. His emaculate command over English has hypnotised even prominant Public Prosecutors.

He was introduced as a LAWYER by his own father who is registered as a LAWYER.

I feel he is a cheating the entire judiciary and hence the judiciary itself should be the complainant. I want to know the exact rule/law/procedure to prosecute him.

S.B.adil rahman   23 December 2010 at 20:33

Death by driving and Section 304 Part II IPC

In the year 2009 in infamous case of death by a BMW vehicle,Sanjeev Nanda was convicted under section 304 Part II of IPC. My question is that whether the case was chragecheeted under section 304 PartII IPC or it was under section 279/304 Part II IPC? Whther section 279IPC can be applied with section 304 Part II IPC? If the conviction is made under section 304 part II then whether it is going to affect the compensation case of the victims? Kindly enlighten because a good number of police officers in a fix over the application of section 304 part II read with section 279 IPC.

Anonymous   23 December 2010 at 17:57

party not appearing...

I'am appearing on behalf of accused in a warrant trial case.... the case is institute not on a police report i.e. it is a private complainant filed u/s. 420 of the IPC..the complainant is not appearing since many dates in the court.. is there any provision regarding dismissal of the complainant?? If yes?? how and if no?? why??