Legal_Query
16 June 2008 at 12:57
Sir,
Can an application u/s 45 evidence act can be filed at the stage of evidence.
Pls provide relevant citations of the courts.
Case is for cross examination of PW.
the accused wants to call for H.W.Expert for his signature
Rgds,
Srinivas.B.S.S.T
15 June 2008 at 20:56
Can an anticipatory bail petition be filed for bailable offences. The police filed a case under sections 447,509 and 506 against the accused as all the offenses are bailable, can an petition under section 438 Cr.P. C be filed?
Bharti Thakkar
15 June 2008 at 18:08
Dear Sir,
My father expire in 1995, after a death of my father my younger brother open bank locker of my mother and remove valuable jewelery etc.
After death of my father he fraudulently presented a forged document purporting to have been signed by the my deceased father and on the basis of such fales forged document he have got transfer a huge amount of Rs. 2.07 lakhs in his own account inbank of Baroda
I had personally submitted death certificate of my deceased father to the Branch manager, branch manager acknowledged the receipt of the death certificate below my copy of death certificate.
My younger brother has been prosecuted for offences under section 404, 409,420, 468, 471, rws 34 and 109 IPC in connection with fraudulent
Encashment of Cheque( torn 1/3 part of cheque when presented in CJM court) for Rs.207000/-Sttaf members of Bank of Baroda are also co-accused in the said case. Similarly
My younger brother has been prosecuted for offence under section 409 420 468 471 380 rws IPC in locker criminal case.
After death of my father my two younger brother refuge my mothers legal right and my legal right and my sisters legal right in my father s property.
I had file 12 to 15 civil and criminal cases pending in court from last 11 years but no progress in my cases .my advocate have no interest in cases .so please advice what can I do please give advice and i need help
vijay
15 June 2008 at 12:22
I reqiure a lawyer to fight a cheque dishonour case urgently in mumbai.
Please contact me on 9821256999.
RAMESH TEKWANI
15 June 2008 at 08:58
INTEROGATION IN CRIMINAL CASE:
What are the rights of a person who is arrested in any criminal case with respect to investigation?? Is he supposed to answer questions put forward by the police??? Does he have any right to remain quite during the interrogation and claim that it is police who has to prove him guilty??? Like in USA, the accused person can remain silent while in custody. But again, if he remains silent, can the court grant continuous custody on the police request that accused is “not co-operating”???
Are there any rulings by SC in this regard???
Secondly, it has become a trend to put an accused under lie detector tests, narco-analysis without his consent…can he refuse to do so??? Can he get immediate relief from any court anytime during the day???
Rajaram C Iyer
14 June 2008 at 13:28
I am not familiar with the words Kalandara,goshwara,talbana,rukka. Can anyone explain what these words mean. Are there any other words used, if so please explain.
Aslo I would also like some one from South ( advocate) to give equivalent words used by the Judiciary and the Police down south
Thanks
Rajaram C Iyer
13 June 2008 at 20:33
PLease give me a sample complaint for filing a defamation case
m.v.prabhakar
13 June 2008 at 15:27
FActs of the case
While prosecuting a public servant in the Criminal case initiated by CBI, Sanction order is required form the appointing authority of that person. CBI Spl. Court takes the cognizance based on the sanction Order.
After cognizance by the court in the year 2001, it was found that the material information given in the said sanction order is not correct and false.
Recalling of summon was initiated and by the time it came for hearing, by virtue of SC judgment in the case of Mr. Adalat Prasad, the court which had given cognizance can not recall the summon. Hence the petition was withdrawn.
Subsequently, discharge application was filed on the ground that
1. The sanction order issued is defective on the information.
2. Entire money mentioned in the sanction order as loss to the company was received by the company as final payment through another court well before the date of sanction order.
3. There by no loss to the company on the date of sanction order.
4. It was further mentioned that compounding is permitted and the decision of Deccan agro was cited.
5. The court also taken cognizance based on the defective sanction order.
6. Argument of charges was not taken place so far.
Due to long delay in the Spl. Court, petition u/s 482 was made in the Delhi HC. It was disposed as
“ It is submitted by the learned counsel for the petition that for the last nine years, he has been facing prosecution but so far even the arguments on charge have not been heard. The concerned court is directed to hear arguments on charge on the date fixed and to pass appropriate orders thereon”.
With these direction, the petition is disposed of.
Query.
1. Is my approach on the defective SANCTION ORDER is correct? Should I take any other precaution/Arguments?
2. What is the remedy available to me against the appointing authority concerned on the malefide/misleading sanction order on the basis of which the court had taken cognizance, which had ruined my career and peace of mind in the past 10 years.
3. Kindly provide me some SC or other HC court decisions on the DEFECTIVE SANCTION ORDER or on the related matters.
4. Sections involved are 120B,421,467,478 of IPC and 13(1)(d) of PCA
Ranjit Asati
12 June 2008 at 18:17
Sir,
I am a wholesale paddy trader from Gondia,Maharashtra.
A person who bought 5 truck of paddy from me has given me a cheque of Rs 5lacs.
But it is dishonoured by his banker with reason "the payment is stopped by the drawer".I sent him a notice through my lawer.He replied that the cheque was missed and he has also done a FIR in the police station.Now what is the way to recover my money.Please suggest me.
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learned lawyer
pls. suggest a learned criminal lawyer for domestic voilence case/498A.
regards
neeraj gupta