Anonymous
26 February 2010 at 23:44
I have a problem in a case that Some person committed a fraud relating to a big plot of Land. Accused created a false fabricating manufacturing document by a person in the plase of original land owner . Original land owner at present residing in U.K. When he come in india a hear a rumar that his land was sold by the caretaker of his property by false fabricated power of attorney of original land owner , then land owner filed a police report at police station then police started investigation U/S, 468, 469, 471, 420 , 34 (B) I.P.C.and arrest some accused and put then in the court. Court orderd for detention of the accused person . after some time accuseds file bail petition and take bail from D.J. (Patna) . After bail he submitted an application U/S. 239 cr.p.c. on the ground that this case nature is civil because a civil suit filed by the land owner. So Please help me and give some caselaw for disallow the petition of discharged .
manish
26 February 2010 at 23:19
Hello everyone,
whether the girlfriend of husband can be oprosecuted for offence of dowry death.
Recently the hon,ble supreme court has held that girlfriend does not come under the purview the word'relative'.
Similarly word relative is also used in section 304b of penal code.
So, whether she can be prosecuted, if anyone knows any caselaw please reply
bhavin
26 February 2010 at 22:29
dear sir
after metropolitan court judgment which court liable to appeal
chiranjib mukherjee
26 February 2010 at 20:19
in a case, the complainant is the step mother of the accused person and she lodged a complaint in the police station alleging that she was beaten by the accused person brutally but there is no dowry demand and the charge sheet was submitted u/sec. 498(A) I.P.C. can the accused person be charged with u/sec. 498(A)/323 I.P.C.
chiranjib mukherjee
26 February 2010 at 20:13
in a case the accused applied to the bank for stop payment before depositing the cheque, the bank did not do so. Will the bqank be responsible u/sec. 138 N.I.Act ?
Sukhija
26 February 2010 at 19:19
Hi
Can a non banking company legally give loan to any person without having any license for the same.
loan with interest is given by the company to my client. company officer says that it is not applicable for his company to have license from any body. is it right?
Anonymous
26 February 2010 at 18:56
Dear sir,
I have appear on behalf of a accused in the case of u/s.138 of N.I.Act. this matter is now keep for plea.
But I found some tecnical and law points on which no offence is made out.
i) accused is a chairman of a Cr.society and at the time of cheque bounse accused was resigned from society.
ii) in that complaint complainant added only chairman and manager as accused.
So please advise me whether I can file a application for discharge of accused before plea of accused or not.
Or Can I have file a Revision for recall of process?
Please Reply. it's Urgent.
darshan
26 February 2010 at 18:43
I have contested the matter before charge and taken cross examination and argued at the time of EBC.
after hearing argument the Hon'ble court find that no charge is framed in that complaint and discharged the accused person.
Now I want to know that whether the aquital (accused) person can filed a complaint for defamation and can he also claim for compansation for this false complaint?.
Please advise me.
manish
26 February 2010 at 17:51
I need to know any authority on the following facts.........
That that husband has been directed to pay maintanance to her wife and revision hasbeen filed against the said order.
The point i would like to know is that one witness was examined in defence of husband's caseIN LOWER COURT and his examination in chief was recorded but the cross was deferred as court timewas over.On next date the presiding officer was on leave and on next date an application was moved for adjournment as the said witness was not present but the said application was rejected and the LOWER court passed the order and as such the testimony of this witness was left out of consideration.AS such no opportunity to prove his case was given to husband
The point i would i like to know whether the matter can be remanded by the sessions court to lower court in these set of circumstances and is there any authority in this regard
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Whether Section 2(9) of the C.P.C is applicable to Cr.P.C ?
Section 2(9) of the CPC defines a judgment" to mean the statement given by the Judge of the grounds for a decree or order.
(1999 (8) SCC 396), it was inter-alia held as follows:
"There is yet another infirmity in the case which relates to the "judgment" passed by the single Judge and upheld by the Division Bench.
"Judgment" as defined in Section 2(9) of the Code of Civil Procedure means the statement given by the Judge of the grounds for a decree or order. What a judgment should contain is indicated in Order 20 Rule 4(2) which says that a judgment "shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision". It should be a self-contained document from which it should appear as to what were the facts of the case and what was the controversy which was tried to be settled by the Court and in what manner. The process of reasoning by which the Court came to the ultimate conclusion and decreed the suit should be reflected clearly in the judgment."
In the light of the above,I would like to know the opinion of the esteemed experts here as to whether such a similar provision is available in Cr.P.C.also,which may be applicable to orders passed in criminal cases.
If yes,please let us have similar provision in Cr.P.C.Kindly pinpoint where it is available.
If not,kindly throw some light on some case law in support of above said contention.
Amar