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Queries Participated

J.C.Mishra   25 January 2012 at 13:16

340 crpc

A complain case has beEn filed by a person against me and my brother under section 341/323/420/506/34 IPC before the magistrate by producing two false witnesses who gave statements before court that they have seen us hitting that person and also gave statements before magistrate regarding a forgery which was never committed and there is no documentary proof to it. The magistrate took cognizance and issued summons to us. In the mean time we applied for bail and surrendered in trial court and are on bail now. The date on which the incident took place, we were not there in that place because I am a physically challenged person and that day was my official holiday and my brother who is a central government employee was on duty at that time. He has also taken out a copy of his attendance certificate given by his head of department.
I want to file a case on them under section 193/211/182 IPC. Can I do it through 340 CrPC or through a complain case. If yes can me or my brother can move application under 340 CrPC, because the law states that the court can take cognizance in the complaint of a public servant/presiding officer of court. Please advise me how to file a case under section 193/211/182 IPC because the witnesses have given false statement in court and i have the proof.

Mahesh Kakade   24 January 2012 at 23:01

Flat

My friend booked the 2BHK flat, also sell agreement made with the builder.
Builder printed broachers as 5 buildings each 9 floors without having the approval of 9 floors. In broachers builder shown the amenities of 2 lifts for each building and common children park and play ground. My friend had purchased 2 BHK in building “A” on 3rd floor on the basis of given information in broachers. But in later date builder allowed to construct only 7 floors for each building. Now builder decide to give only one lift to each building. In his sell agreement ‘Annexure E” it mentioned 2 elevators for each building with V3F, Elevators with generator backup.
All the members of the building want two lifts.
Please suggest remedy to resolve the issue?

Anonymous   23 January 2012 at 17:17

After evidence..can witenessee or accrused can withdraw the case

In criminal proceedings, we are at the stage of cross examination . Now both of us ( witnessee and accused one) want to settle off the court. Now we have a doubt whether court will agree to withdraw the proceedings after witness is present ? is accused one has any problem from Witnessee..because it tanamount to surrender ? or the proceeding may continue even after accused presented the funds etc..to witnesses..kindly advice.

Thanks,
Sateesh

hanush   23 January 2012 at 15:49

Weapon of offence

i am an advocate to at dist court ludhiana. one murder case came before me in which the deseased was murder with the brick whn i see thge court file i see there was no diagram on the court file of brick which was used in .it is also can called weapon of offence . so i ask if the daigram of weapon i:e the brick is not shown by police in challan the i get benefit only on this ground as weapon of offence not proved. if yes then if any citation relating to this in which only on sole base case was aqutal thn give me that citation too yours thankfully advocate hanush jindal, dist court, ludhiana

Anonymous   23 January 2012 at 13:51

Supplementary charge sheet... (s.c.d 2nd)

hello sir..i need a help ..

sir 384/506 me charge sheet court me submit ho gaye,bad me S.P city k order par same I.O ne 504/506 me investigation ke or court me submit kar de....
t want to know that .. k charge 384/506 me lagega ya 504/506 me..
plz help me on that matter.... :(

Anonymous   22 January 2012 at 22:13

Promisory note

Hi Experts,

I need help from you.

1) if we lend money to any one and take their signature on promisory note is that enough to file case against them if they dont repay us back.i dont have any cheques from the other party. i have just promisory note signed.

what if , if the other party dont agree that its their signature. how should we proceed

is promisory note breach case will be given equal importance like cheque bounce case. does it require for the opposite party to show/submit local sureity ?

please help me with complete information on this. please.

Anonymous   22 January 2012 at 20:12

Content of chargesheet.

if content of chargesheet is vauge and does not provide details of time and place of alleged crime.
How can husband request detail investigation report other than cross exaimnation.

Anonymous   22 January 2012 at 20:08

Chargesheet in english

hi

can accused under 498a request chargesheet to be in english including wife and witness statement instead of local lanaguae

Maran9500028999   22 January 2012 at 15:34

138 n.i.act

Dear Sir
I borrowed loan 2 lac in the yr 2009 by giving original docs,rc book, blank cheques with one of my friend who is a financer, he joined me in chit and took that amount also, where quarrel started between us, and i repaid the entire loan amt after deducting the chit amt and paying addl 10k interest, and gave my property by giving power of attorney in the yr 2010. He also gave receipt for the entire amt. Wen demanded reg security docs, he informed me,he will returned, but not.I sent a letter dated aug 2011 reg return back of my docs. Later in the year 2011, he issued notice dated 30.09.2011 u/s 138 as if i borrowed the loan amt on 01.05.2011 for Rs.2 lac and also he stated he do not have any document and now filed 138 case. I have already paid the entire amt, without getting my doc, What shall i do. I have paid the entire amt, please suggest me what shall i do, only with positive reply.

Anonymous   21 January 2012 at 18:30

Draft of aba

My ABA rejected by the Hon'ble Special Judge (under PC Act 1988),Session Court, can prefer a ABA before the Hon'ble High Court, under section 438 of Cr. P.C. , pls send my any draft of ABA in HIGH Court after rejecting ABA



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