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Arvind Singh Chauhan   09 May 2010 at 08:24

RIGHT TO CROSS EXAMINE

Whether defence has right to cross examine the witness which is declared hostile by prosecution?

1- If not under which provision? Whether mere declaring him hostile, defence looses it's right. He may be or not fully hostile and if not cross exmined may cause harm to defence, specially in context of apex court's judgments, that evidence of hostile witness can not be washed out fully.

2- If yes under which provision?

prashant chaturvedi   08 May 2010 at 17:21

banking

Anonymous   08 May 2010 at 16:54

Dishonoured Cheque

Dear All,
My cheque has been bounced two time with a remark `insufficient fund` In the meantime, some `turmeric stains` ( Haldi marks ) have been put on some part of cheque & it looks dirty. If now, I present the cheque in the bank & it comes back with a remark as dirty cheque etc. & not as `insufficient amount`. Can I send him notice for bounce of cheque? IF NOT, THEN WHAT IS ALTERNATIVE TO SEND HIM NOTICE OR FILING THE CASE. ( HE WILL NOT CHANGE THE CHEQUE NOW )

ESTHERPRIYA   08 May 2010 at 10:45

Re: Issue of Summons

Dear Experts

My client received summons from Guragoan, Haryana Court along with petition and she is a lady and suffering from uterus disorders. Hence i advised her to take a dd for the cheque amount and asked my junior to go to gurgaon court to close the criminal complaint filed by a bank for a single emi amount. The hearing is posted before Hon'ble Judge Shri Mukesh toady and it is a special court. But the judge never accepted the dd nor closed the petition instead asked us to convince the bank officials or else judge will issue B/W against the accused. Is it permissible in law? wat is the procedure followed in such courts? Is there any advocate in that court who can help me in the next hearing?
Kindly give ur contact details too?

Anonymous   07 May 2010 at 23:15

NI ACT 138

Sir
I was in business dealing with a firm they took a blank cheque as security in start of business in 2006, later we have some disputes and there was some payment due as per their books of a/c .They got bounced the cheque but as cheque was 4 year old and due to bank internal system and as bank started internet banking my a/c no changed by the bank and bank gave reason (correct a/c no. recquired).At cheque bouncing date my a/c was short of funds also but on cheque bouncing advice bank did not showed insufficent funds ,now that firm has issued notice u/s 138 .is it possible for them to pull me under 138

pramod   07 May 2010 at 21:38

LEGALITY OF ATTESTATION FROM INDIAN EMBASSY.

DEAR EXPERTS,

WHAT IS THE LEGALITY OF POWER OF ATTORNEY AND A VAKKALATHNAMA DULY ATTESTED FROM AN INDIAN EMBASSY FOR CRIMINAL PROCEEDINGS ON THE FOLLOWING BACK GROUND?

BOTH THE SPOUSES DECIDED TO GO FOR MUTUAL DIVORCE AFTER A LONG BATTLE OF FIVE YEARS. INTERVENTION OF MEDIATORS FROM BOTH THE SIDES BROUGHT AN AGREEMENT BETWEEN THE SPOUSES TO TERMS AND CONDITIONS TO HAVE A FINAL SETTELEMENT WITH EACH OTHERS CLAIM. WITHDRAWALS OF CASE PROCEEDINGS WERE ALSO MADE PART OF THE SETTELEMENT. PRESENTLY HUSBAND IS OUT OF INDIA AND WOULD LIKE TO EXECUTE A POWER OF ATTORNEY AND VAKKALATHNAM DULY ATTESTED FROM INDIAN EMBASSY TO FILE THE SAME IN A HIGH COURT TO QUASH THE ARREST WARRANT ISSUED BY A MAGISTRATE COURT .

1.PARTIES HAVE ALREADY EXECUTED COMPROMISE AGREEMENT WITH ITS TERMS AND CONDITIONS.

2.PARTIES HAVE AGREED TO EACH OTHER TO PUT UP AN APPLICATION TO CANCEL THE ORDER U/s 127 OF Cr.PC.

3.WIFE HAS AGREED TO SURRUNDER HER MAINTENANCE RIGHT IN A FAMILY COURT ORDER U/s 125.

4.BOTH THE PARTIES HAVE DECIDED TO FILE THE MUTUAL CONSENT FOR DIVORCE.

KINDLY GUIDE ME.

THANK YOU.

syeda qamer   07 May 2010 at 20:31

498A and DVA-

dear sir/madam

my husband was arrested on indian airport as LOC/RCN was pending and was produced in court by the local police and got bail on security amount of 1.5 lac and on condition that he will return back after 6 months, failing of which leads to transfer of amount to victim wife and daughter.

my query is neither he turned up nor i received the amount and on the same amount he extended his stay in dubai through his personal lawyer by filing petition under 317 crpc.

please suggest me how can i get the amount.
more ever we are not paid maintenance.

Anonymous   06 May 2010 at 22:33

Eye Witness

Lnd. advocates,
Can eye witnesses be prosecuted if proved forged?
Thanks

Anonymous   06 May 2010 at 22:26

Land Grabbing

Sir,
What is land grabbing act? Is it applicable all over India? How it can be proved?
Thanks

Anonymous   06 May 2010 at 20:09

Regarding Anticipatory Bail/ Appropriate Orders

My brother wife left the matrimonial house and his father has served the legal notice and asking to remit Rs 1 Lakh to be paid to them for causing mental cruelty with in 72 hours and threatened to face the dire consequencies by implicating false dowry case on each and every member of our family

Please inform whether we can move to ADJ court for appropriate orders to the police officer to issuing notice to the petitioner(my brother) prior to make any arrest?

Please inform whether the Application is maintainable on the basis of legal notice as no FIR is registered till now/

Please inform whether We should have to make the State as well as complainant as the parties??

EAGERLY WAITING FOR YOUR REPLY