A.Mohamed Thaheer
19 May 2009 at 15:24
1) Will you please explain the true spirit and concept of section 19 of the Prevention of Corruption Act, 1988?
2) At what stage, legally valid sanction for prosecution has to be obtained in a criminal case connected to the official duties committed prior to his retirement from the Government service?
a) Prior to the commencement of the investigation, (OR)
b) At the time of investigation, (OR)
c) During the middle of investigation,OR
d) After the completion of investigation,
(OR)
e) After filing the final report/Charge
sheet filed under section 173 of
Cr.P.C.,
(OR)
f) After cognizance taken by the
competent Special Judge, (OR)
g) After preliminary examination of the
accused, (OR)
h) After charge sheet framed by the
competent judge, (OR)
i) During the commencement of the trial/
middle of the trial/at any stage
during the trial/before delivery of
the judgment.
2) If the sanction for prosecution
obtained nearly 11 months before the
commencement of the investigation is
valid?
3) If the competent Special Judge takes
cognizance of the offence relying upon
the sanction obtained prior to the
commencement of the investigation/in
middle of the investigation , whether
cognizance taken is valid or ab-initio
void?
4) Whether, the cognizance taken by the
District Judge for whom no powers are
delegated by the Govt. under the name
of personal designata is legally valid?
What is the legal remedy on the above
situation?
5) If the valid sanction is given for the
Judge for conducting cases under the
P.C.Act, after 6 months period of
taking cognizance of the offence,
whether the proceeding commenced is
legally valid.
Please give me your expertise opinion
point by point with clairity, citing
supreme court case laws for all my
questions in support of my questions.
k.kumar raja
18 May 2009 at 20:28
any citation for acquittal.brief:cheque No. quated in complaint,sworn statement,notice and pw1 are same.But marked cheque No.various.It is admitted in the cross examination.please give mesome citation. thanking you.
vinod bansal
17 May 2009 at 11:27
Sir
A civil suit was filed for declaration of adoption deed null & void,later suit was dismissed as withdrawn without any liberty to file a fresh suit again etc.,now i want to file a case against petitioner for malicious prosecution,under which provision/section it is covered & what is limitation.Plz advice
Pruthveshkumar
15 May 2009 at 15:37
First i have submited Civil suit for the 1996's agreement's Specific Perfomance aftr that opponent has filed the Criminal complain against to me that the agreement of 1996 is fraud and i had made it myself.
So now police has been searching me and i have filed also anticipatory also high court and has rejected so now wht should i do?
Is there any provision that when the civil dispute is running so till the judgment of civil suit the criminal complain will stop or stay?
vijay dhiman
15 May 2009 at 11:05
Dear Sir,
Wht is the time limit of file a case regarding cheque bounce?
vinod bansal
14 May 2009 at 22:39
Sir
A comkplaint was filed by me under SC ST act,which is pending before special sessions judge & charge has already been framed & case is fixed for evidence,due to compromise now i want to withdraw my case,is it permitted at this stage as the charge has already been framed.I want to withdraw my case,i dont want to hostile.plz help
sitaram satapathy
14 May 2009 at 20:37
Sir,
After investigation of a case u/s-160,IPC charge sheet was sent to court. Thereafter once again both the fighting parties lodged two specific cases against each other for the same occurrence. Can the subsequent cases lodged by the accused persons of affray be charge sheeted and sent to court for trial besides the case of affray?
sitaram satapathy
14 May 2009 at 20:07
In a case a lady committed suicide consequent upon brutal assault by her husband as she protested her husband for having illicit relationship with another married lady staying in front of their house. Will you please suggest if the other lady having illicit connectioon with the deceased's husband can be liable u/s-306, IPC?
Please furnish reply with citation of judgement if any
Adv. Mohan Chandra
14 May 2009 at 13:42
In a criminal complaint u/s 138, 141, 142 Due to the absence of the complainant for cross examination after partial cross examination the Honourable Magistrate has closed the cross examination.
The Advocate for the complainant has moved an application for reversal of the order. I am the accused and the Honourable Magistrate has asked for my SAY.
I will appreciate if my knowledgeable friends will guide me if I can point out the following in my reply.
1. Can I submit a list of various irregularites by the complainant.
2. Can I submit a list of variance in the Affidavit and submission made under oath by the complainant.
3. Can I take cover of sec 87 for material alteration.
4. Can I ask the Honourable Court for suitable action for Perjury for sr.no.2 above.
5. Can I seek cost from the complainants.
6. Can I seek damages from the complainant.
7. Can I seek for dissmissal of the case, my acquittal and cancelation of personal bond.
8. Can I pray that the court take cutody of the balance blank cheques in custody of the complainant.
Thanks
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Negotiable Int. act & Summery Suite
I had sold materials to one partnership firm & had collected Post dated Chq's from them. The cheques have bounsed for reasone exeeds arrangement & stop payement. It was my first transection. On return of chqs i have given him notice U/s 138 & intend to file suite against him. & they are denying all the transections.(the party has also defaulted with its bankers & his factory is Morgetged & bank intends to issue him notice under surfassi act)
If along with 138 i also file a summery suite to recover my dues but since his factory is morgetged i also feel need to file summery suite agains him so as to have my rights also on his factory's sale proceeds after banks payement is cleared.
Now i what to know,
Is it possible to get compensation from court of 138 as well as recovering my money by fileing summery suite in civil court? as i have learnt that 138 courts gets you only compensation or Jail to accused & not recover your dues Whereas only summery or civil suite can give you rights on defendents property to recover dues.
Kindky reply at earliest as i have very littel time