Criminal Law queries [Resolved] [1971]

Member (Account Deleted) 05 March 2010 at 09:08

Offences under Arms Act are bailable?

respected experts. offences under Arms act are bailable or non bailable? What is the interpretation of section 37 of Arms Act.?

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Anonymous 05 March 2010 at 06:43

JJ ACT

It has been brought to the notice of the public that a teacher has punished the students of III standard very brutally. the children were asked to draw picture on the floor of the class with their tongue. Now the problem is who is to file a case against the teacher and the school. Is it CWC to file case and for violation of which act and section? Police says that it is CWC to take case.Whether it is punishable under sec.23 or under which Act and Provisions?

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CHAUHANMA 05 March 2010 at 02:01

Probation of Offenders Act

Nadeem was caught in a case of cheque bounce in April 2009. In view of circumstances, court given benefit to Nadeem stating in its order that the Nadeem was victim of circumstances as warehouse of Nadeem was looted in citywide disturbances, hence taking lenient view, awarded punishment of appearances of Nadeem before the Probation for 3 years against a bond in the month of July 2009 with instruction / order that after this day (July 2009) Nadeem shall not commit such offence (cheque bounce). However, Nadeem was again caught in another cheque bounce case AND given his statement on OATH before the Magistrate that he (Nadeem) has paid the total amount of said cheque to the Complainant and the complainant had to return such cheque to him, as the complainant was the vendor of Rice and Nadeem used to purchase rice from him for a long time hence in good faith Nadeem in good faith did not take the said cheque back from the Complainant. BUT the Complainant has misused this cheque against him. This cheque was also of the month of April 2009. Nadeem did not violate the order of the court, did not issue any cheque after the day of court order i.e. July 2009.

Question / Query is that; Whether Nadeem can request for benefit of probation again as he did not commit any such offence after the day of court order?
Upon request of council of Nadeem, the learned court has demanded some precedent / ruling for releasing Nadeem on Probation again.

Please Reply to: chauhanma@yahoo.com

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Anonymous 04 March 2010 at 23:26

for the offence of purgery in Court

if surety of one accused again taking surety of another accused and saying in affidavit that he had never taken surety of any accused, can be prosecuted by complainant if court is not initiating proceeding of section 340 Cr.P.C., or
private person can file application before Court to direct the S.H.O. of Police Station to register the case against surety and investigate the same?

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Anonymous 04 March 2010 at 23:04

Appointment of permanent APP in raj high court

why state goverment is not appoint permanent APP in rajasthan high court according to 24(6)(a) Cr.P.Coad

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vinod bansal 04 March 2010 at 22:41

Appeal against acquiittal order of spl magistrate in petty t

R/Members
I want to know whether there is any provision of appeal/revision by state against a order of acquittal by spl magistrate 2nd class under public gambling act in which maximum sentence is one month or fine upto Rs. 50/- Kindly help.Regards
Vinod Bansal Advocate Jind

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vinod bansal 04 March 2010 at 22:37

NI ACT

R/Members
One man purchased petrol and diesel from the filling station of my client for a sum of rs 180000/- for his personal vehicles and later on give me a cheque signed by him in discharge of his liability for above stated amount.My client deposited the cheque in his account but bank dishonoured the same with a memo stating that this cheque requires a resolution for encashment,when i enquired all about this,i came to know that accused has given me cheque signed by him of a co operative milk society,i dont know in which capacity he issued this cheque,now he has refused to pay my client any amount.even i donot know he is concerned with above stated society or not,under which provision i can file complaint,NI Act or 420 IPC as i have listen that only in two cases NI Act is applicable one is insufficient funds second one is Exceed arrangement,Kindly help me

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vinod bansal 04 March 2010 at 22:27

public nuisance

R/Members
Is there any provision which enable us to file a suit in civil court or complaint under ipc for removal of public nuisance.Earlier i tried to file complaint us 133 crpc before court of SDM /executive magistrate where presiding officer has advised me not to file the same as the court is not convinced to summon the respondent,so i didnot file the complaint there.Now i m exploring the possibilities to file this matter before civil/crl court .Kindly help me

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