WHATSAPP 91-8075113965
01 September 2010 at 12:46
sir,
in one of my case, accused was found in possession of 6 kg of gun powder. he was charged u/s 4 of explosive substances act.
i have heard that , it is offence u/s 4(g) of the explosive act and not an offence under explosive substances act.
can any body explain the difference between these two acts ?
also, please state essential legal formalities to be complied with, by the prosecution, in both these enactments, from arrest of the accused to submitting of charge sheet. ( for eg. sanction u/s 7 of the explosive substances act).
please furnish me some useful citations for defence counsel ?
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
9447536929
advocatesalil@gmail.com
WHATSAPP 91-8075113965
01 September 2010 at 12:31
sir,
my doubt is that whether a detecting officer can be substituted by another police officer, who is totally a stranger to the case, at the time of evidence ?
my case in hand is that accused committed a theft in temple. he was arrested, confession was recorded, mo was recovered u/s 27 of evidence act,investigation was conducted, charge sheet was submitted,..... all these were done by one police officer.now, he is not available in india. so, the prosecution intends to examine another police officer of the same station, in his place, who is actually a total stranger to the case.
i have objected prosecution's this move.but, court has asked to provide any rulings, to substantiate my contentions .
so, i need some citations, urgently in this regard .
please help !
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
9447536929
advocatesalil@gmail.com
WHATSAPP 91-8075113965
01 September 2010 at 11:32
sir,
in one of my case, accused was found guilty and sentenced to undergo si for 3 years and to pay a fine of Rs. 10,000/- for an offence of 457 of IPC and an si of 2 years and a fine of 5000/- for an offence of 380 IPC.
Is the judgement of the judicial first class magistrate legally valid , as per sec. 29(2) crpc?
as per sec 29(2) crpc, the maximum amount of fine that can be imposed by a magistrate is Rs. 5000/-.
he can impose any amount as comphensation u/s 357(1)(d) in the above offences, but, it should be " comphensation ".
here it is, fine only.
please explain ?
now, i have filed an appeal, appeal has been admitted ,sentence has been suspended till the disposal of the appeal, by the district court.
what is the effect of such illegal judgement of lower court, on an appeal ?
salil kumar.p
advocate
thalassery-670101
9447536929
advocatesalil@gmail.com
Mr Sreejit
01 September 2010 at 10:14
DEAR ALL,
I AM A VICTIM OF FALSE INVESTIGATION BY KOLKATA POLICE. I WANT TO FILE WRIT PETITION AT KOL HIGH COURT. BUT I AM NOT FINDING PROPERLAWYER. MANY WHO I CONTACTED HAVE NO GUTS AND REFUSED TO PROCEED OR MIS GUIDE OR DISCOURAGE US.
PLS HELP. IT IS EXTREMELY URGENT AND SENSITIVE. TO MENTION EVEN RTI WEST BENGAL IS A FAILURE IN THIS CASE.
REGARDS,
09830928232 - KOLKATA
Daksh
01 September 2010 at 10:11
Dear All,
If in a given situation when the complainant is having a cheque for Rs.10,000/- and he is claiming that indeed the legal liability qua the cheque is Rs.8,500/- only can he/she is legally entitled to file the complaint under Section 138 N I Act claiming the partial/a quantified sums of money or in the alternate it can be averred both in notice and in complaint that the accused should be made to pay the full consideration but the court should give to the complainant his Rs.8,500/- and rest should go to the exchequer as fine.
Kindly enlighten me.
Thanking you in advance.
Best Regards
Daksh
Anonymous
01 September 2010 at 07:23
i had given my flat on rent,that day i was in hubli he came through broker and requisted me i asked my co- brother to give key to him and collect two months rent as advance rs 19000/- cheque he gave to my co-brother,i depocited in bank but thet got bonced i colled on him on phone he asked me to reprsent i reprasented again it was same by this time it was three month and went to hyderabad and meet him he said i am sorrey my partner is out of statino i need same time, i came back to hubli and filed case he kept on telling laying but once i kont him and he did not give me money but send me key now the case is going on in hubli.he is not trasebel but his partner and md of company is coming to court.last two years
i do not have any thing in writeing
whot should do pl tel me.
i have not filed case for rent recovery
vinod bansal
31 August 2010 at 22:57
R/Experts
My client was convicted and was sentenced for two year imprisonment(two death case) by trial court us 304 A IPC.His appeal was not succeeded and his conviction and sentence order was re affirm by the sessions court.My client filed CRR before Highcourt,Highcourt reduced the sentence from two years to nine month as my client is facing trial since 1992 and he have three daughters and has undergone 18 days imprisonment.Now my client/convict wants to prefer a SLP before Supreme court with a application for exemption from surrendering/bail.Is there any chance for any kind of relief from supreme court in given facts.My client is also ready to compensate the family of deceased and deceased parents and family members are ready to give an affidavit in support of SLP stating that they have no any grievance if Supreme court give any kind of relief to convict like undergone/acquittal.
Anonymous
31 August 2010 at 18:07
Wife of my younger brother filed fake case u/s u/s 498A, 323, 504. 506and 3/4 anti dowry. in ghaziabad against brother,mother, my wife and my sister (married and sttled in USA) on 20 july'10
Both were living in ghaziabad with their 4 month old son.
We have got stay arrest from Allahabad HC i firts wk of august, and case is sent to Mediation center. The date of mediation is awaited.
What will be the procedure in mediation?
NOW my brother want to compromise with same girl to avoid long tension/hassle in legal process to all family memberes and thinking the future of 4 month old son.
Pls advise what should be terms for
compromise. and what steps other family member should take to avoid such fake FIRs by same girl
Sudhir
31 August 2010 at 15:21
I am Secretary of a Co-operative Housing Society in Mumbai. It is an excellent Society but some members, a few of them defaulter, are making my life miserable. Every now and then They make me their personal target and keep on writing nasty letters. They have recorded me Cheat, liar, han-in-glove with the builder, not trust worthy and have even attempted for verbal and physical assault. They keep on causing tremendous harassment to me and cause a nuisance not only on personal level BUT also it effects running of the Society. This otherwise is an honourary work. All our accounts are uptodate and get periodically audited by an internal auditor who is appointed by the General Body of the Society. Several times I have advised these Nuisance makers to join the Committe and execute the M-20 Bond. BUT they would not come forward to join BUT want me to run the society in their way and want me take action the way they want and record resolutions the way they want. It is not possible for me to leave the committe just because of these 7 persons (out of 89 of the Society). Now their acts are getting intolerable. I intend to initiate legal action against such members. Please suggest a way out. Regards. Sudhir Ashta
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
probation of offenders act
sir,
in one of my case accused was found guilty and accused , being a lady pleaded mercy of the court and court kept the case for the report of the probation officer and the probation officer gave a report showing the mitigating circumstances in which accused lives! coolie worker, father a TB patient, no male member.... etc. still the court convicted the accused for 3 years rigorous imprisonment.
how far will be the effect of report of the probation officer in the appellate court ?
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
9447536929
advocatesalil@gmail.com