A Truthseeker
21 July 2009 at 22:16
oral evidence is the pillar on which truth of a criminal case rests. it is often found that the very complainant on the basis of whose complaint the accused is arrested and suffered detention in prison completely denies the FIR or even he/she denies the evidence given by him/her on the earlier occasion.
in such circumstances law should leave no stones unturned to immediately and adequately bring to book the perjurer.
vinod bansal
21 July 2009 at 16:06
Respected all members
crl complaint uss 323/452/395/148/149/506/120-B IPC was filed by me in which four accused were named (mentioned in complaint by name)& 20-30 accused were mentioned in complaint as "20-30 other"now court has passed summoning order against four accused u/ss 323/452/506/120-B IPC & not under sections 395/148/149 IPC by stating reason that there is only four accused are mentioned by name in complaint so being accused less than five section 395/148/149 IPC is not attracted in such position,my submission in the court was that the court can proceed under sections 392/34 in such position thereaccused are less than five in number but court decline my submission,i have a citation of supreme court in which it is clearly mentioned that mere mentioning of wrong sections in complaint is not a ground to dismiss the complaint,court can summon the accused under any section in which court after perusing complaint found that the offence is prima facie made out.please avail me legal position alongwith citations. Thanx in advance
Tarun Kalra LL.M, M.B.A
21 July 2009 at 06:02
how r u?
there is a case with me for section 125 or crps, i am from the side of respondent boy, the boy is not earning anything, i.e he is workless, and his father sold his parentel (ancent) land for rs 23 lakhs and made a fixed deposit of rs 4 lakh in the name of boy, the wife is living separtly from past 5 years and before 2 years he also took the boy son out of 3 sons of the couple, the father of respondent also submit rs 2lakh in the name of the boy with mother, now the women who was running a beauty parler may be closed the beauty parler or changed the place of work, we dont know, is demanding rs 5000 for herself and the son who is with her, on basis of cruelity and misbehave and demands of dowry from boy side, how we can avoid maintance liblty?
plz guide any authorities on workless boy?
Manoj
20 July 2009 at 23:38
First of all, this is very fantastic help you guys are doing.
My Question : If somebody is not present for continuos 3 summons then court can issue a warrant? What if the Police it self does not come to house and say person is not in his home for 3 times and then ask court for warrant?
RAJ KUMAR
20 July 2009 at 23:14
IN THE PROCEEDINGS OF THE CHARGE SHEET TO BANK EMPLOYEE, SOME FORGED DOCUMENTS WERE USED ON WHICH THE CHARGES WERE LEVELED AGAINST THE EMPLOYEE. CAN THE EMPLOYEE USE THE CR PC 340 AGAINST THE PERSONS FRAMING THE CHARGES, ATTESTING THE DOCUMENTS AS GENUINE AND THE PERSON PRESENTING ON BEHALF OF THE BANK BEFORE THE ENQUIRY AUTHORITY. HOW THIS SECTION CAN BE USED BEFORE THE ENQUIRY AUTHORITY.HAS ENQUIRY AUTHORITY THE RIGHT TO REFER THE CASE BEFORE THE JUDICIARY. WHAT ARE THE REMEDIES TO THE CHARGED EMPLOYEE OFFICER.
PRAKASHCHANDRA MARU
20 July 2009 at 22:43
HELLO ALL LEARNED
MY CLIENT LODGED COMPLAIN OF SEC 500 OF IPC BYTHE WAY OF M.CASE NOW QUESTION IS THERE BEFORE THAT ANOTHER LAWYER NOW I HAVE TO REMAIN PRESENT ON BEHALF OF THE COMPLAINANT LADY SO I HAVE TO TAKE CHIEF OF EXAMINATION OF THE COMPLAIANT DUE TO PRIVATE COMPLAIN AM I RIGHT ?
THANKS IN ADVANCE
vinod bansal
20 July 2009 at 22:42
R/Members
I presented a accout payee cheque for payment in my bank account within six month of date mentioned on the cheque but negligently my bank present the same for clearance in the bank of accused after passing six month period & bank of accused dishonour the cheque by mentioning two reasons, 1. Time barred 2. funds insufficient.now what remedy is available to me as i am not in fault,its fault of my bank.plz help..Thanx in advance
ankit gupta
20 July 2009 at 22:14
dear reader,
i want to know that what is the procedure to view the tihar jail.i want to know that can any one visit it or there is some kind of special permission which is to be taken.
please tell me all relevant information in this context.
thanks
regards
ankit gupta
9891803682
Ranganath
20 July 2009 at 20:19
Ld counsels,
If the charge sheet doesnot reveal the intension to cheat, is the court correct in issuing process/summons under section 420/417 against accused.
Is mens rea (as popularly mentioned in amy judgements) a required ingredient for cheating cases.
Please clarify.
Thanks
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Inherent powers in criminal law
Whether the courts other than HC and SC have inherent powers in Criminal matters. Please provide some rulings or provisions on the subject.