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Anonymous   27 November 2010 at 09:32

promotion in govt. job while 498a lodged

Please help me getting a relevant judgement, that a person if 498a or other criminal complaint is lodged against him, though govt. promotion or service can be granted. Probably, Mumbai High Court has ruled that unles a person is convicted, he can be given Govt. job. Please help urgently by sending positive citations.

V. Ramakrishna   27 November 2010 at 09:30

138 OF NI Act


1. How important is questioning the Accused u/s 313 Cr.P.C.?

2. Can the Accused strongly defend during questioning u/s 313 Cr.P.C.?

3. Is the Accused bound to answre only
YES or NO ?? to the questions ?

Regards
Ramakrishna

Rima   27 November 2010 at 09:22

S. 34 of Police Act

A person was booked under sectio 34 of Police Act.
What shall be the content of a guilty plea letter, i.e. how to write a guilty plea petition?
Can anyone provide me a sample please?

vinod bansal   26 November 2010 at 23:24

TIP of accused

R/Members
In a murder case eye witness got recorded his statement before police to the effect that someone murdered his friend by using fire arm in his presence,he can not tell his name but he can identify him if he would produced before him,later on police of another state i.e Delhi arrested a person in arms act and during interrogation he suffered disclosure statement to the effect that he has also committed a murder in Haryana ,than Delhi police intimated this fact to Haryana police and Haryana police arrested him in murder case and later on challan filed in the court,but Test Identification parade before alleged eye witness was not conducted,what will be impact of this lacuna on prosecution case,kindly suggest.Regards

Anonymous   26 November 2010 at 21:52

Negotiable of Instrument Act

a complaint under section 138 of Negotiable of Instrument Act has been filed by complainant on the grounds that the goods were sold to me and in lieu of bills issued the accused issued a cheque which has been dishonoured vide various memos. however no original bill or attested copy of bill despite demanded has been produced on record. how many chances are there of acquittal.

Anonymous   26 November 2010 at 20:30

N I Act

11 parters have formed in to a partnership firm for the purpose to start a cotton ginning mill and shared the capital as presribed therein. The same partership deed was reduced in to writing on a N.J Paper, sub-sequent they have purchased the land under Regd. Sale Deed for the said purpose. Later on the parters have admitted another 3 new members in to their firm. some dusputes arose between them, and my clinet along with six others have retried from the firm through a retriment deed, which is reduced in writing on N.J paper. On his retirment one of the Managing parter of the firm has issued three of his personnel cheques in turn of retrient of my cleint for an amount 7,00,000/-. on its presentation same cheques were returned on the ground that 'account closed'. The Managing Parter of the firm has closed his account after issuing of the cheques. I have taken all the steps as contemplated in the Act and the said case is posted for trail. There are two citations availabe with me as 1992(2) ALD (Crl)738 Mad, 2002 Crl.j 4194. In due course of the business of the Firm any of the its parter issues cheque either personal or firms cheque, he liable and respnsible for prosecution under the act, pls will you inform me similer citations in this aspect.

SUDHA MAKOL   26 November 2010 at 19:39

Criminal case against forged papers & property illegal possession

I had purchased my DDA flat B-4/123C (top floor) on 30 June 2008. There was a tenant in the extended structure (at roof top). I was told (verbally only) that the tenant had taken court stay and hence I will not get the possession of the extended portion. In march 2009, the tenant sold the extended portion to Rita Kumari. Rita Kumari resold the extended portion to Sudha Sachdeva on 25th Sep. 2009. On 29th June 2010 Sudha Sachdeva produced Agreement to Sell and Purchase for property 123-D before NDPL as ownership proof and got an electricity connection but was denied Water connection by Delhi Jal Board(as they have records of DDA flats in our area). I have come to know that the Tenant was lying and there was no such valid rent agreement with any of the previous property owners. The tenant was in illegal possession of the extended structure. My RTI application with DDA confirmed that no flat 123-D exists nor DDA approved of any construction on my roof ever. RTI with Subregistrar confirms registration of Agreement to sale and purchase for 123-D irrespective of whether the property exists or not. NDPL is not removing the meter saying their formalities were duly completed and this is a case of criminal nature and is beyond their jurisdiction. I have been advised to file a criminal case against Sudha SAchdeva. At the moment, Sudha Sachdeva has possession of my flat’s rooftop extended structure. I want my property extended portion evacuated. Under what sections can I charge Sudha Sachdeva? Do I need to file a police complaint or FIR or shall I file a complaint in the court directly? What is the procedure for the same? How long will such a case or complaint take? Can I withdraw the case later if there is some out of court settlement? Do I need a lawyer or I can file the complaint myself? Its really urgent..

Anonymous   26 November 2010 at 18:41

Please help

Dear sir,

I have filed the criminal complaint u/s 191,,192,197,199,200 and 209 punishable u/s 193 as a private complaint filed with ACJM, first he refursed to take that complaint and after that when we shown him the SC guidelines then he accepted and register my case.Now the cazse is at charge framing stage. now today again he asked for that guidelines, as my advocate is on leave , can any one can help me by giving such guidelines to proceed further.
Treat as most urgent please.
with regards

Anonymous   26 November 2010 at 18:00

No order by the court

I filed a protest petition against Final report filed by police in a FIR lodged by me. Arguments done before the Magistrate and he fixed a date for order. But on the date fixed, the steno of the court was on leave, therefore court fixed another date for arguments again. On that date again arguments done and again court fixed the date for order. Again on the order date , the magistrate was on leave therefore again the date of argument was fixed. In the same manner about 5 times on the date of order , the court did not make the order inspite of my requests each time for the different reasons. Now please advise is this the correct appraoch of the court. If I do not attent the dates now, what consequences follow. Whether there is any time limit for the court to pass the order.

Anonymous   26 November 2010 at 14:11

false ST Certificate

Respected Sir,
a criminal case by the CRE Cell, Mysore was booked against the fraud family of 4 comprising of father,mother and 2 daughters was quashed by the H'bl High Court of Karnataka. The accused was able to obtain a erroneous false report from the ADGP ,DCRE,Bangalore, who in his report does not reveal; the report of the SP CRE Cell Mysore who clearly has reported that Mr X and his family are not ST but has falsely obtained the certificate and intentionally utilized the certificate to all the family members for education, job in the government depatments and are still avilaing the ST certificate and utilizing it.Hence a criminal case was booked. Now the ADGP DCRE, Bangalore states that he has given a report based on the report submitted by thr SP CRE cell, Mysore which is otherwise. My question is that how can the squashed criminal case be revoked?