chiranjib mukherjee
17 July 2009 at 20:38
A CASE HAS BEEN REGISTERED U/SEC. 363/366 I.P.C. AND THE ACCUSED WERE ARRESTED AND PRODUCED BEFORE THE LD. C.J.M. AND THEREAFTER THE I.O. FILED A PETITION PRAYING FOR ADDING SEC. 376 I.P.C. AND DURING THE PENDENCY OF THAT PETITION THE ACCUSED COMPLETED THE STATUTORY PERIOD OF 60 DAYS. WHETHER THE ACCUSED IS ENTITLED TO GET BAIL?
pkm
17 July 2009 at 18:50
drawer of a cheque being a company liqidated as per order of high court. The payee company who has filled complaint under section 138 has also order by high court to wind-up.who will fight criminal case since official liquidator has been appointed.wheather official liquidator has a right to continue criminal proceeding. wheare as official liquidator duty is to take assests of the company & realise them & pay to the concern person / institution. i want were such type of situation will be available for reading or some case laws on them
Ranganath
17 July 2009 at 11:55
Ld Counsels,
Is there any pre-requisite condition that there should be atleast 2 witness statments should be obtained before filing chargesheet in a case of cognizable offense. Kindly clarify if there is any such prequisite to file a chargesheet.
Thanks
Ranganath
17 July 2009 at 11:45
Ld counsels,
What is the main difference between discharge and quash in a criminal proceedings. What is appreciatin of evidence and appreciation of materials gathered during investigations. Does this appreciation occur during the disposal of discharge if not in quash.
Some quash judgements say that "the materials gathered during investigation doesnot make out the alleged offense." So while quashing will there be appreciation of materials (if not prosecution/defense eidence).
Please clarify.
Guest
17 July 2009 at 10:45
Whats wrong with GUJCOC especially when the Guj Governent claims it to b in line with MACOCA....,.??????
tusharcosmic
17 July 2009 at 02:15
How to file a case of recovery in Delhi after 6 years of bouncing a cheque ? Plz. read details to answer.?
I got a cheque of Rs, 275000/- in 2003 from a borrower friend of mine. This cheque bounced back with a bank memo that funds were insufficient. A legal notice was served to the accused. Mean while my house was white washed and I lost that cheque and bank memo. My father died during those days, I made a big business mistakes and I was financially under heavy pressure .I was under heavy mental depression also so I did nothing against that borrower of mine and no case was registered in court of law.
But now a days everything is settled and I have found out that cheque and that bank memo somewhere in my home.
I came to know that even a recovery suit of order 37 can not be filed after three years of issuing date of a cheque.
Is there a way out to present that cheque in the court to file a suit and recover that money?
Plz. Help thanks in advance.
vinod bansal
16 July 2009 at 18:40
Respected all members
please enlighten me regarding difference in between inquiry and trial and inquiry and enquiry.Thanx
Mukesh
16 July 2009 at 16:10
What is the status of the above and when it is going to be notified?
Whether 498A will be rendered ineffective by the above amendment as reported by some persons and how?
thanks in advance for kind advice.
MUKESH
Ranganath
16 July 2009 at 13:41
Ld counsels,
When discharge from a criminal case is applied in a higher court will the proceedings in the lower court be stayed automatically. Does this also apply for quash in high court. How can the accused take exemption from personal appearance in these cases.
Please clarify.
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recovery in complaint case
R/All members
I have filed a criminal complaint u/ss 395/452/323 IPC & 25/54/59 Arms Act,now case is fixed for consideration on summoning,i want to know as there is no recovery of arms & looted articles bcoz complaint was not sent to police for registration of FIR by the magistrate and magistrate ordered for recording of preliminary evidence than question of recovery is not arise,now i want to know whether court can summon the accused under section 395 and Arms act without recovery of arms & looted articles..Thanx