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Queries Participated

rsagarjain   01 November 2009 at 10:22

handcuffing

Should a undertrail be handcuffed when being produced in court? The general answer would be 'No'. However, an accused would generally be an undertrail in a henious offence. What (1)if he runs away if he is not handcuffed (2) attacks the escorting police party (3)If the accused is not handcuffed and runs away, why should the escort policeman be suspended (4)undertrail if not handcuffed attacks the judge (5)not handcuffed, runs away with the weapon of the escort policeman.
So, is it mandatory that undertrail should not be handcuffed when produced in Court. Case Law?

adv. rajeev ( rajoo )   29 October 2009 at 06:18

Accident Case

Respected Learned Members.
My collegue has filed a Motor Accident Claim petition.
Insurance co., advocate has produced the deposition of the wittneses, who had deposed in the criminal cases relating to this accident.
In my opinion criminal case depositions cannot be considered in MVC cases, eventhough they are exhibited. I had gone thru., one judgement, but I am not remembering it. KIndly will you tell me the citation.
Thanks to all in Advance.

anil   28 October 2009 at 18:01

Stop payment cheques

thanx for replying my query which was incomplete. i am writing whole problem again as i recieved reply from bank.
my query was
i had given Rs 100000 ( one lac to person) with Rs 50000 by cash and Rs 50000 by cheques for buying a car( He is four wheeleer auto consultant). that person after delaying about 4 months didn't helped me to buy a car. Now when i want my money back. he gave me three chques of Rs 30000, Rs 35000 and Rs 35000.
the first two cheques are cleared means i recovered Rs 65000. Now for third cheques he had stopped the cheques and cheques came to me from the bank with memo marked stop.
now what should i do that person is sending threat that u do whatwever u want to do. some person are saying u do police complaint and some person are suggesting to send notice from the notary.
i am confused.
what step should i take. remember i have given Rs50000 cash and Rs 50000 by cheques.
the cheques was deposited on 21.10.09 and returned to me on 26.10.09
will i be able to recover the amount and if yes how.
can I again deposit that cheque in abank or not.

pls reply
thanks to the community who are replying to the query

Shree Kamat   28 October 2009 at 17:14

with relating to 498a

now my wife has filed 420 against all of us and the alegations are that i am impotent and not able to do S*x with her and this was hidden from all my family members by me.

This case is in process and i my recd summons by next month.

Kindly advice on the same, whether i should consult any civil surgen and take report for the sake of evidence.

rsagarjain   28 October 2009 at 08:52

conviction

Accused is charged under two penal statutes and both carry the same imprisonment. Can the accused be convicted in both the Statute like say convicted for offence u/s ___ IPC read with TADA/POTA

Legal Fighter   27 October 2009 at 19:26

Wife Filing 498A, DV and still willing to live?

Wife has filed 498A and DV and in reply to divorce petition, she puts all the counter allegations of cruelty and states that she is still willing to live with her husband. Isn't it conradictory stand on part of wife as 498A is cruelty is of such an extent that wife can't be expected to live with her husband. Is such a desire of the wife genuine?

Husband has filed divorce based on cruelty and desertion and he has disproved the allegations made by wife in 498A and DV.

Sumit Lal   27 October 2009 at 19:11

N.I.Act

Respected Seniors and Experts.

I am appearing for an accused in a trial under Negotiable Instruments Act.

The Complainant being a proprietorship firm is represented through its power of attorney holder.

In the cross examination the power of attorney holder has admitted that

(a) the instrument (Power of Attorney) was not filed along with the complaint. In otherwords while taking cognizance of the offence, the Magistrate has not seen the power of attorney.

(b) admittedly the name of the proprietor has not been disclosed in the complaint.

(c) He has admitted that he is not authorised under the power of attorney to undertake business activities. He has further admitted that he does not have the knowledge about the business transactions.

With the above admissions of the complainant should I file a petition before the High Court under Section 482 Cr.P.C to quash the criminal proceeding on the ground that continuance of the proceeding will be abuse of process of law.

Please Suggest.

satish   27 October 2009 at 10:34

returned cheque

DEAR SIRS
MY NAME IS RAJESH PATEL .I AM HAVING A READYMADE BUSINESS IN MUMBAI .I DO NOT HAVE AN SALES TAX REGISTRATION COZ OF SMALL BUSINESS .I HAD SUPPLIED GOODS TO A PARTY IN RAJASTHAN AGAINST WHICH HE HAD ISSUED A CHEQUE .THE GOODS WERE TAKEN BY HAND DELIVERY , A CHALLAN WAS MADE BY ME WITH NO SIGNATURE TAKEN FROM PARTY. I HAD DEPOSITED THE CHEQUE IN MY PERSONAL SAVING A\C WHICH WAS RETURNED TWICE BY THE PARTY (FUNDS INSUFFICIENT) .THE RETURNED CHEQUE WAS ON DATE 12.10.2009.THE PARTY HAS TAKEN GOODS FROM ME FOR THE FIRST TIME .CAN I ISSUE A NOTICE TO THE ABOVE SAID PARTY FOR THE OUTSTANDING DUES AS I HAVE NO INVOICES AND THE GOODS ARE GIVEN BY CHALLAN ON WHICH NO SIGN IS TAKEN.WILL I BE ABLE TO TAKE ACTION AGAINST HIM, ALSO PLEASE TELL ME WHAT ACTION CAN I TAKE IF THE SHOP IS CLOSED BUT THE BANK ACCOUNT IS STILL OPEN AND IF THERE IS NO ONE TO RECEIVE THE NOTICE OR SUMMONS WHICH WE WILL SEND OR IF HE DOES NOT ACCEPT IT.AS ON PHONE WHEN I CALLED HIM HE KEEPS ON TELLING ME TO DO WHAT EVER I WANT TO DO ,SO PLS TELL ME WILL I BE ABLE TO RECOVER THE MONEY .PLEASE ASSIST ME .
ALSO PLS LET ME KNOW THAT WHEN THE CASE IS FILED BUT HE DOES NOT COME ON THE SAID DATE WHAT ACTION CAN WE TAKE AGAINST HIM.
THANKING YOU .

Madan Mohan Pandey   27 October 2009 at 09:47

quashing a fake care of 363 and 376

a bramhin caste woman in my neighboured has lodged a fake case of abduction and raepe, the realty as the major girl eloped with a harjan guy, since we had enimity, the woman influenced the girl who was recoveded from the harijans home to tell the judge under 164 CRPC to say that me and my uncle abdused and raped. we got bail from lower court.
In the meantime when the eloped girl lived with the harjan man for two days , they made phycical contacts.
The medical tests show no in jury on body and habitual of sex.

My worry is that for sure we are innocent and if pathological tests are brought takes from her vagina, it wil be the harjans semen will be found.But according to 375/376 only penetration is required to make you guilty and not the semen
The chargesheet has been filed since it is more than 90 days.
The trail are yet to begin. The harijan guy is also afraid with tis women and canot dare to marry here although both are of major age and the SC ruling is there that they can live toghther without marriage.
But he is also afraid of the women and the girl is kept as a house prisoner so that she cannot meet the harjan guy again.
will we be punished for the offence which we did not do just because of the bare act langyage that might penettration is enogh.What to do please guide..

Ajay Kochar   26 October 2009 at 16:30

House Breaking

In house breaking case whose signatures requiered on " panchnama"?

Signature of the owner of the house in which the House breaking is happened is requiered on "panchnama"?

Pls. Advice


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