Member (Account Deleted)
15 April 2010 at 01:18
what is the exact procedure of framing of charges in a criminal case
what procedure is adopted on the hearing of framing of charges
is it inevitable to record postsummonning evidence at the same date
Anonymous
14 April 2010 at 19:55
Dear Sirs,
i have to defend an accused in a theft case.
my queries are.
1. can this offence be compounded? if so under which law and the respective section or clause?
2. i have filed my memo of appearance only now but the accused has already been examined by the judge to find out if the accused wanted to plead guilty and the accused has not pleaded guilty, therefore the case is slated for trial. my problem is that i have not received any papers such as FIR, Police Report and statements of witnesses. the bench clerk is saying that papers have already been given to the accused. if i ask for papers orally in the next hearing and they are denied by the judge can i file a memo stating that i have not received the papers? thanks.
Anonymous
14 April 2010 at 16:47
Learned Members,
My question is if there is correction in the year on the cheque amounts to rectification/correction but not modification and such correction requires initial of the drawer.
For Eg., On the cheque leaf there is a year like this 19__, but complainant written on the cheque that 1901 instead of 2001.
Avinash
14 April 2010 at 15:58
Sir,
I have sent complaint to Commissioner of Police, Delhi Police for illegal running of Auto repairing and Auto puncture shop and establishment of compressor machine in main room thereby creating air pollution, noise pollution and threat to my family member lives also, in residential flats Dilshad Garden, DDA Flats. Consequently, SHO Seema Puri has taken action & prepared Kalandra U/s 133 crpc and forwarded to S.D.M. Seema Puri for necessary action.
SDM has served the notice to both parties and asked to appear on 10/3/2010. Defendant party come with pleader and his advocate ask for copies of complaint, nature of the case. N.D.Hearing was on 23/3/2010. On dated 23/3/2010, Defendant party replied against my complaint. N.D. hearing was 13/4/2010. On dated 13/4/2010, I have submitted the replication prepared by my advocate along with action report of Delhi pollution Control Committee which forwarded to Commissioner of Industry and Commissioner of Industry action report forwarded to Deputy Commissioner, North East District, Nand Nagri, Delhi for necessary action, even M.C.D south Zone has issued sealing notice to above mentioned Auto repair Shop owner.
Despite of submission of four govt. authority’s necessary action letter alongwith replication. SDM asked to prove the public nuisance. It is a private nuisance, you are the only victim. Unless it is proved the publice nuisance. I will not able to take action. Whilst, my advocate says that if a single person is affected by nuisance then it is public nuisance, he is having judgment of Supreme Court for the same.
Queries.
1. Single person is aggrieved by nuisance U/s 133 crpc. Is it public nuisance or isn’t?.
2. Under the circumstances same nature of case pending in Karkardooma Court. Does S.D.M empowered U/s 133 crpc to give adjudication without hesitation.
3. Any other remedies.
Regards,
Avinash
Anonymous
14 April 2010 at 09:37
Hello,
As you know I have having a matrimonial dispute with my wife. On the statements of the girl the police has lodged a FIR against me U/s 498a/406/34 and 3/4 of Dowry P.Act.
During the investigation there are around 4 false bills in the file as I have seen myself.
I have managed to get one of them bill through RTI.
Now the investigation is over and the challan(charge sheet) has been filed in the court. There i came to know that there are only 2 bills left in the file. The bill which i got under RTI act is not in that file. Another false bill of jewellery is not there in the file, which was there during investigation.
Plz. help me what to do. As the police officials has malafidely disposed that bills to help that girl.
How can i prove in the court that the bills have been disposed malafidely just to help the girl.
Anonymous
14 April 2010 at 01:08
hi members!my sister had a register marriage on 29.09.2008 when my papa was hospitalized.later my sister and her legal husband stayed in a flat of her mother-in-law .At that time her mother-in-law and father-in-law both were staying at govt campus.They said to stay separately because the govt flat was too small.they had kept all the jeweleries in the mean time and all the furnitures and filed a petition that the marriage has not been consummated.my father died and they didn't refunded anything but always said they will refund in-front of court. They denied in the court on 16.03.2010,to give anything and nothing is with them.my sister do not want to reconcile with such family.can she now file 498a?please help.
Anonymous
13 April 2010 at 19:37
can a written list of questions to be asked be kept in his hand by the advocate who is cross-examining an accused? kindly tell.
Anonymous
13 April 2010 at 16:02
DEAR SIR,
I HAVE FILED A CIVIL CASE(MONEY SUTE) AGAINST DEFENDENT,IN WHICH I GOT A JUDGEMENT IN FAVOUR OF ME SUBSEQUENTLY,DECREE WAS ALSO OBTAINED.AS THE DEFENDENT HAS NOT PAID ANY MONEY,EVEN AFTER THE JUDGEMENT, I FILED AN E.P.IN WHICH NO ONE HAS APPEARED . SO E.P WAS DECIDED AS EXPARTE.THEN THE EXECUTING COURT HAS ISSUED CIVIL ARREST WARRANT, WHICH WAS THE ONLY PRAYER IN MY E.P. NOW, DEFENDENT IS EVADING FROM ARREST, I HAVE GOT THE WARRANT EXTENDED 4TH TIME NOW, STILL HE IS EVADING. SO I AM PLANNING TO EXHIBIT MY SELF AS AN EVIDENCE IN A CRIMINAL CASE,WHERE HE WAS ARRESTED UNDER SECTION IPC420(CHEATING),FIR(POLICE CASE) WAS ALSO FILED AGAINST THE SAME PERSON UNDER THE DIRECTION FROM HIGH COURT.NOW HE IS ON BAIL, AND ATTENDING THAT CRIMINAL CASE HEARINGS WITHOUT FAIL.AT THIS JUNCTURE THAT CRIMINAL CASE HEARING IS COMING ON 27TH APRIL.IS IT POSSIBLE, ICAN ARREST HIM, WHILE HE COMES TO ATTEND THAT HEARING? ALSO, I WOULD LIKE TO EXHIBIT MY CIVIL CASE DECREE AS AN PROOF OF EVIDENCE TO PROVE THAT CRIMINAL CASE. WHAT IS THE PROCEDURE TO MAKE MY SELF AS EVIDENT.
PLEASE GIVE YOUR VALUABLE SUGGESTION ON THE SUBJECT MATTER.
O. Mahalakshmi
13 April 2010 at 16:01
Respected Advocates U/Sec. 166 & 167 IPC to take steps against the Govt. Servant can send me Case Laws reguarding on these sections.
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False Allegation under PFA Act
There is a case going on in Amritsar Small Cause Court.All the 3 party who have been wrongly accussed belongs to Mumbai.The trial has been going on for last 10 years and it's very inconveinient for them to travel all the way to Amritsar on all hearing specially now since the hearing has been quite frequent.Earlier you had advised me to put in application in High court to quash the case however I have 3 question:
Can a application be filed in Mumbai high court for quashing the case?
God forbid if the case has been ruled out against us can it be challenged in Mumbai session court?
Can a application be filed to transfer the case to Mumbai since all the 3 accussed belongs to Mumbai?
Thanks
Parvez