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sandeep jindal   05 January 2010 at 21:41

statement u/c 164 crpc...

dear expert

please suggest any case decided by either HC or SC wherein it was held that during trial, the statement recorded u/s 164 crpc would prevails over statement recorded u/s 161 crpc, in case there is contradiction between the two...

thanx

Anonymous   05 January 2010 at 20:27

un nessesary fone call by police

sir,

three days ago a girl was ran away with a boy ang got married,both are major.
now the problem is that my father is a family friend of boy's family,and they asking my dad about any clue if he has,when my dad was said in front of police that he knew nothig,and avoid further call by police .
than the police call my brother that my dad is not piking the fone & where he is, he(brother) said that you have no. of my dad its ur problem if he is not piking up the fone then they said sorry,but still call to my brother.
what we can do -so that they not call my brother regarding my dad's nomber issue,
1. what are the concequence in my father problem,can police arrest my father in conspressy metter.
2. can we stop police to stop call my brother.

T.Srinivas   05 January 2010 at 19:57

cheque bounce case

Respected experts,
one of my client given a credit by way of cash, he obtained a on demand promissory note in favour of him, one of the wittness has written a on demand promissory note, after some day the wittness has given a cheque to my client as part payment of the on demand promissory note on behalf of the creditor, subsequently my client presented to bank, and the cheque is bounced, now the question is can i file cheque bounce case against both the creditor and wittness.

Chetan   05 January 2010 at 19:42

138 Negotiable Instrument Act

I had send notice of u/s 138 of NI Act on 7/12/2009 and till today not received any acknowledhment of post.

what shall I have to do in respect of liitation because on 7/1/2010 the limitation of 30 days is over

pls provide remedy ...... very urgently...

Anonymous   05 January 2010 at 19:32

case of defamation

A lady runs beuty parlour a press reporter comes at her parlour and asked her to provide the ladies for the nights for the three persons so she denied so reporeter turned that he was demanding for the three various occasion beauty parlour girl for the bride to do treatment of the beauty parlour after wards she shows the all type of models showing the design and pattern to prees reporter she does not know that he is a press reporter now she also discuss regarding the rates and dates the all things recorded by the reporter by the way of the recording pen after wards the he created the cd and sent the said lady and demanded rupees for the not showing the details to the police so lady denied and told that theere is nothing wrong so i have no need to worry so the said person printed all thing that she used to provide call girls behind the lable of beauty parlour in his daily new paper now she would like to lodge the complain before the honourable court against the press reporter whether is mandatory provision before the lodging the complain notice should be given to the accused for the case of u/s 500 and what is the value of the cd
Pls suggest regards

Arvind Singh Chauhan   04 January 2010 at 20:59

498 IPC

Sir,
I am on behalf of complainant. Whose wife has been enticed away by the accused. The complainant later killed him self in depression. There is no direct evidence only except the 9 years child of the complainant. Accused is denying the allegation. I am hope full that if I get a chance to cross examine the accused, out come would be in my favour. Please suggest how can it be possible, if accused does not depose his defence. Can I get permission from court to cross examine, if yes under what provision.

Arvind Singh Chauhan   04 January 2010 at 20:51

Formal Proof

Respected seniors,
Please recall me the exact provision or section in which Genuineness of document is admitted as writing on it "Formal proof dispensed with". Sir what is the proper way to write, that in future it may not affect us. I have seen many judgment in which in appeal It bears a adverse affect. Proper word is "Formal proof dispensed with" or " Genuineness of the document is admitted" or " The genuineness of document admitted but facts are denied". What is it's evidentiary value.

s shukla shukla   04 January 2010 at 19:59

498a

sir
i am ramdas shukla resident of fatehpur,up,serving in army.i gave an advertisement in newspaper for dowryless marraige proposal.sri ramkaran dwivedi of kanpur city approached me for marriage of his daughter.he went to my village and enquired all about me and got satisfied in all aspects. i got married with his daughter mrs aruna in 2002.she never went to my home.she stayed with me at my duty station for about one month and went back with her parents.due to some reasons she file divorce case in 2005 and took onesided divorce in mar 2008.to trouble me more she lodged an FIR under 498A (after taking divorce)against me and seven other family members.police didnot carry out any investigation and filed charge sheet to the court.i approached to DIG who ordered reinvestigation of the case.how can i get rid of this problem.i will be grateful to you if you could provide me some ruling which says that since she kept quiet 3 years during the course of divorce case proceeding and did not complain anything of this sort and filed dowry act after divorce when she is not my legal wife,her complain should be dismissed.

Md Shadab Ansari   04 January 2010 at 16:49

Please suggest me some good books comment

Please suggest me some good writer/publisher of Criminal Major Act with good comments.

Anonymous   04 January 2010 at 12:56

Sec 498 A and 406

Respected Sir/Ma'm,

I have been married under the special marriage act for the past 5 years. I used to stay with my wife, mother in law and 4 yr old daughter in Kolkata. 13th Dec 2009 my wife filed Sec 498 A and 406 on me and my father. Ever since that day we have been hiding. The court has given the date for the hearing on 13th Jan 2010, my lawyer has filed for an anticipatory bail for me and my dad.

What are the chances of us getting the bail? I had named the car in her name so she has taken the same by force and sold it, can i claim for anything. The house is in both of our names. She took out all the money from our joint accounts. Can i get the money back?

To be very honest with you, i am scared and helpless against the false case done by my wife. She has asked for 50 lacs to withdraw the charges. She has gone to my email account and typed a false love letter to a woman and attached a copy of that along with the FIR. Is email document considered to be a proper document in court.