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vinod bansal   10 October 2008 at 19:46

Maintainability

Sir
my criminal complaint was dismissed and accused were aquitted after trial by judicial magistratr I class Narwana(Haryana)Now i want to file crl appeal against this order whether my crl appeal is maintainable in the court of sessions judge or i have to moved directly before Highcourt. Plz enlighten me. Thanku

Legal Fighter   10 October 2008 at 17:25

same relief in 2 proceedings

can i seek same relief in 2 proceedings, one before consumer forum and the other in civil court. pls let me know if there is bar to seek single relief in 2 different proceedings.

advocate satya   10 October 2008 at 13:36

arbitration and execution

sir
can a arbitration proceeding if not attended and proceded ex parte, and execution is filed how it can be challanged and what is the remedy to contest?

advocate satya   10 October 2008 at 13:34

arbitration and execution

sir
can a arbitration proceeding if not attended and proceded ex parte, and execution is filed how it can be challanged and what is the remedy to contest?

vvrravindra   09 October 2008 at 22:18

Template for leagal documents

I want to know where i could get template of various legal documents like MOU, agrements for sale, builder aggre with land owner for construction of flats ( development aggrem) etc

allurisivajiraju   09 October 2008 at 20:38

Negotiable Instrument Act.

Respected Seniors:
In a complaint ( Basing on the dishonour of cheque which was issued by the Accused for partpayment of the promissory note debt) U/S 138 and 142 of N.I.Act the list of witnessess who are scribe and Attestor of the promissory note were not mentioned. But the Managers of the Accused Bank and Complainant Bank only were mentioned as List of witnessess.

Now the Complainant was examined as PW-1. He wants to examine the attestor of the promissory note to prove his debt.

What is the option available to the Complainant to examine the attestor.

salilkumarp   08 October 2008 at 18:26

138 NI ACT

SIRS,
IN ONE OF MY CASES,ALLEGATION WAS THAT ACCUSED ISSUED ANOTHER PERSON"S CHEQUE TO THE COMPLAINANT IN DISCHARGE OF A DEBT AND HENCE COMMITTED AN OFFENCE OF CHEATING.BUT , COMPLAINT WAS FILED U/S 138 OF NI ACT AND THE TRIAL COURT CONVICTED THE ACCUSED U/S 138 NI ACT.IN THE APPELLATE COURT, MY CONTENTION THAT OFFENCE OF 138 WILL NOT LIE WAS ACCEPTED.BUT THE RESPONDENT ARGUED THAT , EVENIF, 138 WILLNOT LIE, COURT CAN ALTER CHARGE U/S 222(1) OF CRPC FROM, 138 NI ACT TO 420 IPC.
WHETHER ALTERATION OF CHARGE CAN BE DONE AT ANY STAGE ? EVEN AT APPELLATE STAGE ?
PLS ADVISE ME

salilkumarp   08 October 2008 at 18:15

kerala abkari act

sirs,
facts of my case is that 3 persons were found transporting indian made foreign licquior from pondichery state to kerala state in an auto-riksha.
accused no. 1and 2 were passengers sitting in the back seat carrying the entire contra- band articles.nothing was recovered from the possession of a 3 (driver).excise officals also admitted that they have not seen driver helping the passengers to put the mo in to his auto also.
I AM FOR A 3(AUTO DRIVER) ONLY.
IN THIS CASE, EVEN IF THE ENTIRE PROSECUTION CASE IS ADMITTED, IS IT NOT A3 ENTITLED TO ACQUITTAL ?
I AM TOLD THAT SUPREME COURT HAS MADE THIS POSITION CLEAR IN 1967 STATING THAT IN SUCH CASES PROSECUTION HAS TO PROVE THAT MOS WERE TRANSPORTED WITH THE KNOWLEDGE AND CONNIVANCE OF DRIVER ALSO.OTHERWISE, DRIVER IS NOT LIABLE.
ANYBODY, HAVING THAT PARTICULAR RULING/ ANY OTHER LATEST RULING, REPORTED IN AIR,CRIMINAL LAW JOURNAL. KLT, KLD,
PLS FURNISH

THANKS

Legal Fighter   08 October 2008 at 13:01

Application for production of documents

A domestic violence case has been lodged against me in which i have file my reply. the case was put for submission of rejoinder but the complainant moved an application requesting the court to direct me to submit documents which i have relied upon in my reply so that they can file the rejoinder. now my question is there such any provision in CRPC for submission of documents before rejoinder? i think its upto me at what stage i want to submit those.. court can't force me to submit those in consideration to rejoinder. pls advice.

K.C.Suresh   08 October 2008 at 05:56

Dead Marriage

Since the marriage between the parties is dead for all practical purposes and there is no chance of it being retrieved, the continuance of such marriage whether would itself amount to cruelty?