Ganesh
07 December 2009 at 09:03
A person accused under 307 IPC. During the Trial if
(i) The victim/complainant witdraws the complaint
(ii) The victim/complainant does not appear in the court
what will be the status of the case?
will the accused be acquitted in above cases?
Kumar Krishan Agarwal Advocate
06 December 2009 at 23:08
1. Suppose one aggrieved party made a complaint to local area Police station(P.S) about the offence.
In bounce back the other party also made a cross complaint after some time at same (P.S).
The SHO/SO threatening that if both parties not resolve the matter and make a compromise application then he will sent to custody and after that you will have to apply for Bail.
What is the way to tackle such situation wisely so that if no compromised will be executed by the complainant he will not arrest by SHO/SO and the reputation of the party will be safe and causes no harm.
2. Suppose if the police officer try to arrest the advocate on any baseless allegation then how it be prevented for being arrest so no harm of reputation of an advocate will be caused.
a). How the advocate tackle his own arrest without the pen, paper and law book etc ?
b). What the legal action will be taken against wrong police officer after free on Bail from court.
Anonymous
06 December 2009 at 20:35
A HAS TAKEN A LOAN FROM A PRIVATE FINANCE CO. FOR RS.40,000/-. A WAS PAYING INSTALLMENTS BUT PRIVATE CO. WAS NOT ISSUING TOTAL RECEIPTS FOR CASH AMOUNT RECEIVED. DISPUTE ARISES WHEN A SMALL AMOUNT OF LOAN WAS OUTSTANDING.
B (CO.) PRESENTED BLANK CHEQUE TAKEN FOR SECURITY AND FILED RS.70,000/- COURT CASE WHICH WAS DECIDED AGAINST A AND PUNISHMENT OF ONE YEAR CONVICTION WITH RS.1,000/- FINE AWARDED.A FILED APPEAL AGAINST CONVICTION WHICH IS PENDING.
IT WAS TOLD BY B (FINANCE CO.) DURING TRIAL THAT HIS PROP. FINANCE FIRM HAS NO LICENSE FOR FINANCE WORK(BUT JUDGE IGNORED SAME). WHETHER A FINANCE CO. HAVING NO LICENSE TO FINANCE CAN TAKE LEGAL ACTION U/S 138 OF N.I. ACT AGAINST A AND GET HIM CONVICTED .B HAS ALSO FILED CIVIL SUIT FOR RECOVERY OF RS.70,000/- PLUS INTEREST. WHETHER B IS LEGALLY ENTITLED FOR THIS CIVIL SUIT ALSO?
Anonymous
06 December 2009 at 20:20
A SUED B FOR DEFAMATION UNDER SECTION 400-500 AND PROCEEDING IN LOWER COURT IS GOING.
B APPROACHED THE HIGH COURT FOR QUASHING THE COMPLAINT AND LOWER COURT PROCEEDINGS U/S 482.B IS A UNREGISTERED PROPRIETARY FIRM HAVING NO LICENSE TO DO FINANCE WORK. WHETHER AN UNREGISTERED PROPRIETARY FIRM HAVING NO LICENSE TO WORK CAN TAKE LEGAL ACTION U/S 482 FOR QUASHING UNDER SUCH A SITUATION ?
Reshma K
06 December 2009 at 16:08
Hi, One of my relation is who was working in a company is accused of favouring a particular vendor and bribery. The company had called him for some questioning and he had attended. He is claiming innocence and has refused to go again to the company for further questioning. He is anxious if they will lodge a police complaint.
I want to knwo the procedure. Will the company have to file a case first or do they approach the police? how does this happen... can you pls guide with details.
Anonymous
06 December 2009 at 12:44
i am complainat advocate in the matter of defamation the short detail of that the father in law wrote a letter to her son's wife using the defamatory languagae due to the dispute of family and the letter was addressed to the lady but the mailing address was her father now the question came in the cross that '' the letter is written on the posatal address of the ur father ' complainat replied yes because it is fact NOW WHEN the accused written a letter to the complainat on that time complainat issued legal notice to the accused and accused replied the legal notice and in the said notice reply it was admitted that THE LANGUAGE OF THE DEFAMATORY USED BY THE ACCUSED IS DUE TO ANGER AND DUE TO THE OLD AGE SO HE FEELS SORRY - so it is admission now with the connection of the cross the cross question came from the lawyer of accused to complaiannt that there is no any signature of the accused in the legal notice complainat replied yes would u like to cross( make witness to lawyer ) lawyer complaiant replied yes another cross question by the lawyer of the accused u dont identify the handwritin of of the accused complaiant told that she identifies his (accused ) handwriting and another question came have u taken opinion of the handwriting repy no would u like to take opinion of the handwriting expert complaiant replied yes but sir my query is that in the reply of legal notice the lawyer of the accused admitted that as above stated so it is admission so i think it is sufficient and no need to any other thing except the all complaint pls discuss regards any judgement pls mention regards
Anonymous
06 December 2009 at 12:10
hi,i am passed llb in 2000.Now i am practising in Sangareddy district court {medak}.my questions are :-1.i having burning desire to become a district judge . So,kindly suggest me sutiable digests to achive my goal . 2. Kindly suggest me new case laws,new amendements to get more knowledge ???-thanks Vanamala .Kulkarni
akash
06 December 2009 at 09:00
Whether the chairman of managing committe of co-op. hsg. society is authorised, to complaint on society's letter head, to the employer of one of the member of the society' making baseless allegation of 'bigamy', whereas, there is no actual complaint or suit is pending with the court/ police by anybody against the such member.( in the retaliation of member's genuine complaint with the competent authorities)
In such condition,how to react such member, against the chairman.Pl. advice.
Soma
06 December 2009 at 07:52
In a Domestic Violence case, in which I am appearing for the Respondents, I prepared Written Argument for and on the day fixed for interim hearing but the Ld. Magistrate refused to accept it. The Ld. Magistrate asked me "if you do not mention under which section of law you can submit written argument in interim hearing of PWDVA case, I will not accept it."
Whether there is no provision for written argument for interim hearing?
Can he refuse to accept?
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IPC 307
A person accused under 307 IPC. During the Trial if
(i) The victim/complainant witdraws the complaint
(ii) The victim/complainant does not appear in the court
what will be the status of the case?
will the accused be acquitted in above cases?