sridhar jannu
19 February 2009 at 15:24
Respected Sir
in a case under 338 of indian penal code the lower court sentenced the accused to the six months imprisonment.
brief facts of the case:
the defacto complainant while crossing the road on national highway, a lorry dashed the complainant At about 5 A.M.from the front side and basing on the complaint the lower court,after exmined the eye witness and other witnesses found the accused guilty. now the matter is pending before the appllete court for disposal.
my question is whether if a person while crossing the national highway and sustained injuries by his own negligence, can we take defence the contributory negligence againist the complainant, please guide me and the proper decisions in this regard.
sampoorna
18 February 2009 at 18:34
repected sir/madam,
This is sampoorna can any body pls tell me the meaning of INTERLOCUTORY,
what if the stage of the case in high court, if it is INTERLOCUTORY in the high court,
thanking you all
V V SATYANARAYANA
18 February 2009 at 18:05
Sirs,
I would like to know the difference between 'judicial custody' and 'police custody'. Shall be thankful if I am clarified in the matter.
Sultan Salauddin Khan
18 February 2009 at 11:42
can a Sd.E.M. issue a search warrant u/s 97 of CrPC against a child for his custody who is presently living with his mother in desertion. Kindly cite some judgements in this regard
Chetan
18 February 2009 at 09:51
I case is transferred before me by an Advocate.
Facts :- the Complainant sold his 3 Bonds Certificate to the Accused and the accused haded him 3 cheques of "Nagari Sahakari Pat Sanstha".
Subsequently those cheques were bounce and the complainant filed complaint u/s 138 against the accused. The first Advocate of the accused send reply to the notice of complainant that the "The said pat santstha falls u/s 22 of the Banking Regulation Act and therefore that pat santshta is not the bank and therefore does not issue the cheque they issue only the voucher and thus the voucher is not the Negotiable Instrument"
My query is that how to take discharge my client i.e. accused under above circumstance (if any pls. provide citation)
Ravi Arora
16 February 2009 at 22:26
Dear Friends
I need one Citation.
Offence of robbery and murder: - Circumstantial evidence, offence committed on 21st of January in a foggy and dark night. F.I.R. and Statements of witnesses do not state the source of light; there is no evidence to show that streetlights were burning and it is also not shown in NAKSHA NAZARI,
But later witness improves in the court that streetlights were burning and some more lights were burning
I need a good citation on this point because what I ve is not very good
Ravi Arora
16 February 2009 at 18:35
Dear Friends
I need one Citation.
Offence of robbery and murder: - Circumstantial evidence, offence committed on 21st of January in a foggy and dark night. F.I.R. and Statements of witnesses do not state the source of light; there is no evidence to show that streetlights were burning and it is also not shown in NAKSHA NAZARI,
But later witness improves in the court that streetlights were burning and some more lights were burning
I need a good citation on this point because what I ve is not very good
amit
15 February 2009 at 14:09
atul runs a firm having c&f of many companies & his father is a govt. servant getting a scale of 1st class. according to ledger of atul. mr.rajeev has to pay rs.2 lacs to atul according to ledger balance of mr.rajeev. after some time rajeev gave two cheques of rs.10,000/-to atul & fraudulently give a notice through his advocate making party to atul's father & second party to his atul's firm that you have not supplied me goods for which i have given u two cheques for rs.10,000/- each hence committed offence u/s 406 & 420.
here i want to ask this that can atul's father suit case of defamation on mr.rajeev? as atul's father is a govt servant & has no concern with business & what atul can do, because the cheques given in favour of atul's firm was in account of previous balance of mr.rajeev
Rekha.....
14 February 2009 at 18:46
Confusion over conclusive proof.
Hello! Respected Members of the Forum
Wud u please make me enlighten on this issue?. Why L.C (School Leaving Certificate) can not be called as a conclusive proof in a minor girl rape case? Please explain it exclusively as I found Hon’ble Judge’s explanation as well as Ld advocates arguments are not satisfactory to me in the Court proceedings.
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Negotiable Instrument Act
Jurisdction of court to file a complaint under Section 138 of NI Act. If all the transaction between the parties have held at Bombay incluidng issuence of cheque by the accused to complainant, cheque presented at Delhi which is bounced, can complainant file complaint even at Delhi ?