Sangramsinghrana
13 October 2010 at 19:31
Dear Experts,
instead of oral arguments, written arguments was given on behalf of accused in a criminal trial. can a court totally ignored the written arguments of accused even it is established that written arguments in details contains each and every aspect of fabrication of case in his 56 pages. can a court convict the accused not mentioning the single word of his written arguments of 56 pages based on the evidence of defence as well as prosecutions? what is the value of written argument? whether a court is bound to consider the written argument in any way?
Sangramsinghrana
13 October 2010 at 19:19
Dear Experts,
in a trial before a court of magistrate, it came before the magistrate in evidence that complainant to seek a direction from high court for registration of a case has in his petition has mentioned false and fabricated facts which was supported by him by his false affidavit as the facts mentioned in his petition and affidavit are totally different from the documents annexed with the petition i.e. documents annexed with the petitition, upon which complainant wanted to seek a direction, are not supported the facts and plea mentioned in petition and affidavit i.e complainant after deceiving the hon'ble HC by stating facts which is not in his supported documents get a direction of registration of case against the innocent person then what is the duty of trial court? What offence was committed by the complainant?
Anonymous
13 October 2010 at 16:29
women selected on merit within the vertical reservation quota will be counted aginst the horizontal reservation for women
Lakshmi
13 October 2010 at 15:13
cheque was given to bank while taking vehicle loan, can it be used by bank to file complaint under section 138
Anonymous
13 October 2010 at 14:44
Respected Sir,
Please Guide me regarding my quarry.
A Borrower get Two Wheeler under “ Loan cum Hypothecation Agreement”
After complete Paper formalities and get passion and After pay only one installment then he don’t pay any other installment and he refused the agreement.
Then Company take legal action under section 138 N I Act but borrower stop payment but till pending compliant for presentation of Accused under Billable Warrant.
In between Borrower filed compliant under section 406,420,365,384/34 IPC then Court send under section 153(3) for investigation.
After investigation Police present report due to Civil nature.
As per agreement Payment Schedule Complete fully installment on August 2009.
Borrower resident and vehicle at Bhinmal (Jalore)
Financier officer at Jaipur ( Raj)
Now in matter my quarry that :-
Can I filed complaint under section 403, 406 and 420 IPC.
Can I filed complaint present at Judicial magistrate at Bhinmal ( Jalore) on behalf of Company thought Branch Manager Bhinmal of Financier Company.
Please guide me
Advance Thanks and Regard
Member (Account Deleted)
13 October 2010 at 14:24
Dear Sir
I find it strange new vehicles accidented or otherwise involved in some disputes lying in the open for years in the police stations across the length and breadth of this most unfortunate country with a corrupt to the core judiciary, bureaucracy as well as policesystem.
What the ' Your Lordsheeps ' can do to dispose of this vehicles in disuse ( or abused by the police only )? What are the rules which can be kick started ? And how the vehicles in the police stations accounted for ? If yes , who is responsible to cross-check as your lordsheeps are not expected to get out of their ivory towers to do such dirty jobs?
Regards
Haridas Mandal
biharimohanty
13 October 2010 at 13:20
a lady litigant force ly encroaching my land&previously grabed part of same land and that was subjudis in high court of orissa, that lady puting pressure on me by gundas to sale that land to her, now she started construction, i filed a complain on 8.10.2010, in polish station,but they gained over by litigant lady&delayed in action, lady finished her roof concreate, again started first flore pillar, i filed a complain in addl.d.c.p. court on 12.10.2010 for 144crpc proceeding on. court asked to concerned polish ,i.i.c. for report before 25.10.2010.lady not caring to polish as she has money and power. what to do. please advice,how many steps can i take in which forum,can i complain to devlopment authority regarding illegal constuction in my land without approval.
can i file damage suits against that lady.
it possible to file civil suit making party to local devlopment authority.or any forum suitable except musle power.
with regards
bhuban bihari mohanty
mamalaodia@gmail.com
Sangramsinghrana
13 October 2010 at 13:12
Dear Experts,
in a case after defence evidence, accused filed application u/s 340 Cr.P.C. against the witnesses and in their application with the help of prosecution as well defence evidence he clearly established that case is false and fabricated and no conviction can be sustained against accused but witnesses etc. be prosecuted for perjury etc.can a court convict the accused by totally ignoring the facts and evidence mentioned in application u/s 340 Cr.P.C. or in other way it can be said that application u/s 340 Cr.P.C. is like the written arguments which are disclosing each and every aspect of falsification and fabrication of case. can court ignored said applications while deciding the fate of innocent person?
Anonymous
13 October 2010 at 12:26
There are 2 cases are going the first is 498A in thane & other is domestic violence in ulhasnagar. The boy's side approached the high court for quashing the 498A complaint but it was rejected (on 27th Aug 10 )& highcourt gave direction let the case be decided in thane court but here the boy's laywer keep on saying in thane court they have filed quashing application & keeps on taking dates. How can this fact be brought in front of thane court.
The boy's lawyer has applied for quashing of domestic violence complaint also in high court but final hearing is awaited.
Meanwhile the boy's lawyer has applied for Crim Bail Appln u/s 438 crpc in thane court & it got accepted. What is the reason for taking this bail ?
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statement u/s 313Cr.P.C.
Dear experts,
can you plese to mentioned any specific case law of Hon'ble SC upon the statement u/s 313 Cr.P.C. regarding that court is bound to seriously consider the statement of accused u/s 313 Cr.P.C., defence set up by the accused in his statement and no court can not totally ignored the statement of accused u/s 313 Cr.P.C. if ignored, trial will be vitiated and incomplete.