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Anonymous   25 April 2023 at 22:12

Filing of application u/s 340 crpc

can an application u/s 340 r/w S. 195 Cr.P.C. be filed at the preliminary stage itself on the basis of "copy of forged documents" filed by defendant alongwith signed affidavit supporting the copy of forged document?

Ashesh Singh   25 April 2023 at 16:01

When can appln. u/s 340 be filed?

In a civil suit filed for recovery of rent for a commercial property the tenant in his reply has averred that he has done printing work for around Rs. 80,000/- for landlord's friend, on the promise made by the landlord that he will be making the payments for the same and the tenant has even filed a copy of the forged Tax invoice with the purchaser's name and with landlord's name in brackets ( ). It is a totally forged and fabricated document and he has filed a copy of it and has been marked exhibit in a casual manner by his lawyer in his reply along with list of documents filed, with tenant's affidavit in support thereof. The suit is at initial stage itself and the rejoinder is yet to be filed by me. My query is can i file an application u/s 340 r/w S. 195 Cr.P.C. at this stage itself alongwith my rejoinder or can such an application be filed only upon the filing of the original at the time of leading evidence? Because that might take long and my client is landlord who is already very troubled by this tenant who is now indirectly asking from landlord for lakhs for vacating the premises. Many thanks in advance to the legal experts dealing with matters in these areas because such unscrupulous tenants trying to mislead the court by filing of forged documents (though only copies presently) must be dealt with at the soonest and waiting for the evidence stage would be defeating the very objective of law. Insights with how should i play it out will be highly appreciated.

Regards
Ashesh Singh

Rakesh Kumar   25 April 2023 at 13:58

Indian penal code section 150(3)a

is the high court justified is setting aside the session court's order?

Anonymous   24 April 2023 at 21:10

Evidence - 498a

A very close relative of ours is a lady in who's 498A case she has to do her evidence in the court of metropolitan magistrate. Please advise.

1. Whether she can do her evidence that is examination in chief by filing an affidavit in writing or she has to do oral evidence only
2. Whether she can file additional documents at the time of evidence and if so what procedure she should adopt.
3. Whether for filing a certificate under section 65B of the evidence act, she needs specific permission of the metropolitan magistrate by way of filing a separate application or she can submit the certificate immediately before the evidence commences.
4. Whether at the time of evidence she can pray the court to call a few persons from the side of the husband who are involved in certain events.

fedrick andrew   24 April 2023 at 07:09

Relationship threat

Hi,
Am a 30 year old and was in a relationship for almost 9 years within our family who is 25 years old both the family agreed and we were about the get engaged and married as there was no opposition from both the sides and I have been very supportive both financially and morally to their family, our wedding was post poned due to my father's death in 2021 may and since then there were many problems between us and both the families as we stopped talking and i have been spending most of my earnings to them, taking care of their household etc., and yes I have been a little upset with the way I was treated and I have said few abusive stuff and the relationship has basically ended as they had call this off, but now when I ask them for the money that I had given (i had given 60k for her father's treatment during covid) to return all the jewels that I bought, now the family is threatening me to logged a compliant against me if I call them to ask the money n jewels back.

Anonymouss   22 April 2023 at 16:47

Documentation

please help me if any advocate can help me get the chargesheet from the local ps

Madhu Mittal   22 April 2023 at 15:23

Similarity in compensation and sentence u/s 138

A loan has been given to a borrower. In Trial court, borrower was convicted u/s 138 N I Act, but complainant was not duly compensated and only default sentence was ordered, so complainant filed revision at Session Court, revision was dismissed. So complainant filed petition u/s 482 Crpc in High Court Rajasthan, Jaipur now borrower expired. Whether complainant can make a request to High Court to appoint Amis curie even remuneration of Amis curie can be borne by complainant and decided the petition for points raised under it for the similarity in decision about how to calculate compensation. As per complainant, compensation is face value of cheque amount + 18 per cent interest as per Section 80 and 117 of N I Act , interest to be compounded Quarterly as per Supreme Court 5 judges bench case named Central Bank of India Vs Ravindra and ors. decided On 18.10.2001 + prosecution cost of Rs. 500/- per hearing as per Jharkhand High court case named Smt. Pallavi vs Shri Raj Kamal Decided On: 05.12.2007 MANU/JH/0647/2007 or AIR2008Jhar79 as case is dragged by the accused. And a sentence of imprisonment must be awarded in between one year to two years, as one year sentence of imprisonment proved insufficient so it was raised upto two years by amendment in 2002.

Amanda Benjamin   21 April 2023 at 22:35

How cyberpunk got my money

How do I recover my money using punkerscyberorg?

Anonymous   21 April 2023 at 18:25

Application of section 145 of evidence act

Respected experts,

My query is regarding a false criminal case in which I have been implicated. I am facing the criminal trial.

The opposite party in due course of 2 years have repeatedly complaint against me in PMO, Governor office, NCW, NHRC and other constitutional offices and even in my office. All these letters are signed by the opposite party.

They have enclosed FIR and chargesheet as well with these complaints. In these complaints they have made several cooked up stories and even contradicted a lot from their orignal complaint.

Actually I want to know if I can use these letters under sec 145 of evidence act to contradict them in the process of trial?

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