Adv. Virendra
19 September 2010 at 22:14
I have a query.
If police arrest a person for an offence which can be tried only before the Sessions Court.
In which Court will be the accused produced within 24 hours of arrest ? for police custody or Judicial Custody
1. The Sessions Court only
2. The J.M.F.C. having jurisdiction on the place/ the police who arrested hi,
or
He will be produced before the JMFC to be handed over to the Sessions Court for further proceedings and bail also will be granted only in Sessions Court
AND
Where will he get bail finally ?
Shambhu
19 September 2010 at 21:33
We have an employee who has cheated our company to the tune of Rs. 1.50 lakh. FIR is lodged; however, police has not called him in the last ten days for investigation and custody.
The Accused employee is not picking up any calls nor available is at his residence. Police asking us to locate him. My question is : (1) What is the Company's remedy against Police; (2) Can the Company publish a public notice in the local newspapers in English & regional language that the employee has cheated and absconded and he should not be dealt by general public as company's employee and anybody having his knowledge be provided to company. I need proper legal solution and guidance on both the aspect urgently.
Anonymous
19 September 2010 at 21:22
If police submitted chargesheet against some persons u/s 420/467/468/471. and the magistrate issued process against accussed, but before the accused appeared in court, the police received further evidences that accused was not guilty. Whether police can file revised charge sheet or even final report in such case with or without permission of the court.
Advocate.S.A.Siddiq
19 September 2010 at 19:21
Dear Experts
Kidly explin difference between Cr.P.C sections 91,243(2) & 244(2)
Anonymous
19 September 2010 at 19:02
What is the difference between murder and culpable homicide?
Anonymous
19 September 2010 at 09:22
Recently there was a news that Maharashtra Govt. is worried about very poor rate of conviction in cases due to rouge PPs and want to act against them. This is nothing but yet another brainwashing attempt from a corrupt govt. Due to this my case filed by police is suffering and pending in MM's 38th Court at Ballard Pier Court since 2005. The accused are charged u/s 380,448,506,506(2)& 34. As is well known lower criminal courts are infested with corrupt MMs and even PPs are not taking due interest in the cases due to bribes from accused persons. I now request pointwise guidance from learned and experienced experts to my following queries:
1) Can I cross examine the accused persons and if so under what section ?
2) Can I give submitt written statement with documents so that the MM does not play dirty to help accused persons and if so under what section ?
3) How to bring on record important documents as this case is totally dependent on important documents and judgements by other courts in the related matter as the corrupt MM may ignore the same for benefit of accused persons as there is no eye witnesses except one but he is not willing to come as witness in the court.
tarun
19 September 2010 at 09:17
respected members,
what is the provisions of MACT for claim petiton for the death of a buffalo in a motor vehicle accident.
can it be filed u/s 163-a or 166 of mv act?
ar any other special provision?
can anyone provide a model petition for this purpose?
Goutam
19 September 2010 at 00:14
Hi,
The cheque was given by me 7 years ago.
1. I had given a cheque vide dt.4-5-2003 to my friend for the payment of the debt which i had taken from him.
2. When i gave the cheque there was sufficient balance in my account.
3.After giving the cheque there is no legal action taken by my friend for the payment of that due amount till now.
4.In the recent days he is claiming or demanding for that amount and told me that he had not received any payment through the cheque which was given by me vide dt. 4-5-2003.
5. Now he is also said that the cheque was presented by him in the bank. But the money was not given him by the bank. EVEN he has not explained the reason that why bank stopped that particular transaction.
6. He is also said that many notices or reminder was given me by post for the not fulfillment of the above said transaction.
7. But no notice, reminder or even summons for this particular cheque or transaction has benn received by me till now.
8. According to my knowledge i have not done any fraud against him.
8.So Plz tell me that:-
(i)Now i am liable for this thing.
(ii) Can he file any suit regarding the cheque against me in the distt. court. now.
(iii) Any proceeding u/s 138 of Negotiable Instrument Act or u/s 420 of I.P.C can be started against me now.
( What is the time period for filing a suit for the dishonour of the cheques or for the proceeding u/s 138 of N.I Act/)
Anonymous
18 September 2010 at 19:31
after 15 yrs of marriage my brothers wife has registerd an FIR in 498a against all in our family at Tamil nadu, when actually we are residing at Mumbai. She along with her husband are running the main family business in Mumbai but to harass us she had made a false FIR.When I & my sister had gone to native for some function we were arrested & put in jail for 1 week by not granting bail along with our small childrens, now we are out in bail, but she is threatening that all the property should be given to her or she will lodge a domestic violence case. We all live in Mumbai how can we go to native for every hearing, secondly we are married & my inlaws are very dejected due to this,My father in his 80's is the owner of all the property which was earned by himself, but due to harrasment by my brother & her wife he has no mood to give the entire property to him, morever my brother is a drunkard & my father fears he may sell all the property, we are very much in tension, how to come out of this case .....
Anita
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Bail Application moved when ? according to Sec 167 Cr.P.C
Dear Ld Counsel,
If a person was arrested & produced before court than how and when the Bail application be filed before magistrate court so that it will not be rejected, that is after time expiry of 90/60 days of charge sheet or in any time before the charge-sheet submits or not, you can also file the Bail Application under Sec 436/437.