V.N.K. MENON
14 February 2014 at 08:10
A complaint was filed u/s 405/406/420 IPC for beach of trust in Magistrate’s court which was dismissed by not taking into account vital facts by the magistrate. As such, a revision was preferred before Sessions u/s 397 CrPC. Sessions dismissed the revision petition again without taking vital factors and documents into account. Thus there was travesty of justice. It pertinent to point out that Opposite Party has tainted course and conduct and is money-powered.
The query is:
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In view of bar on a second revision u/s 397(3), is there any remedy available to approach High Court? Has the road came to a dead-end and no remedy is available?
Present Position:
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In fact, an appeal was preferred u/s 482 CrPC in Delhi High Court where opposite party, i.e. accused, argued that a second revision is not maintainable u/s 397(3) CrPC.
High Court has given time and listed the matter in March 2014. Considered view of experts shall be helpful to enable me to take a prudent and feasible stand.
Rajesh Thakral
06 October 2013 at 20:27
sir i made a complaint of demanding bribe against a clerk with three witnesses to punjab vigilance bureou but no action was taken after waiting four months i put complaint case( Istgaasa ) in lower court under section 161/162/166/167 and section 7/8/11/13 of PC act 1988 . Tell me that my case is in right direction or not
Arvind Singh Chauhan
02 December 2011 at 20:54
Police registered the complaint as NCR. Complainant prayed to court, for order to investigation by police.
Court says only concern police can seek permission to investigate the matter. Complainant has no right to pray for such order to investigate.
Whether court is right Plz suggest any case law if any.
partha sarathi sengupta
30 November 2011 at 22:48
HI, I have a house in mugma ,dhanbad jharkhand and the area infront of my house which happens to belong to govt is occupaid by some thugs and they have a concrete construction on it. How do I manage to evict them using legal recourse.
Mohanakumaran
25 November 2011 at 19:22
What are circumstances when the Police can charge S.308 IPC on an accused?
Mr. Hitendra Shah
21 November 2011 at 21:23
What is the Private Case? How many types of cases are there? What is the difference between Private Case and Public Case?
VJG
10 November 2011 at 17:44
Suit filed before Civil Judge Senior Division for recovery of amount on the basis of Cancellation of agreement to sell.
Court held that as there was the clause of profit sharing on sale of property to third person and the property is not sold yet. The cancellation deed id a contingent contract and that contingency did not happen and therefore there is no cause of action.
My query is... What should I prefer, Civil Revision or First Appeal or Writ Petition, for challanging the said order?. please refer the relevant citations.
Advocate.S.A.Siddiq
05 November 2011 at 09:58
A muslim couple illegally obtained exparte Guardianship order from District court. They are filed False application, False affidavit etc in court.
This position, After 9 years. The biological parents file the Removal of guardian petition (u/s 39 of guar and wards act) to the District court.
Than they filed Criminal complaint before J.M Court , u/s. 190 Cr.P.c r/w 419,177,199,200,209,465,406,341,506(1), 500, 211, 120(b)
The hon'ble JM direct the petitioner to file complaint u/s. 419,177,199,200,209,211 IPC to District court
I think above said sections are triable by magistrate. pl. give the correct direction .
Anonymous
01 November 2011 at 02:50
my elder brother died in 2000 and left some fd, locker and some kissan vikan patra now we have 2 sister and my self are the legal heirs one of my sister had the nomination of fd and kvp and locker she already take all the money.
now i want what is time limitation of filling case
what is the legal position
any case laws for ref
is the one of sister is trustee of all money
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Negotiable instruments act & 263(g) crpc
Dear Sir
1st date accused appeared and took Bail thereafter same days Notice U/s 251 framed against accused and next date fixed up for statement under section 263(g) without giving any opportunity of filing Application of 145(2) NI Act
Can Accused move Application U/S 145(2)NI ACT on next date asking Court to give opportunity.
Now with the Latest Judgment of Supreme Court even Jurisdiction point will also come, can we move an application U/S 177 CRPC, can at the stage of 263(g) case can be transferred on the point of Jurisdiction referring latest judgment.
Please guide expert at above 2 points
With Regards
Uday Kumar