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Shrichand Jakhar   28 February 2018 at 01:07

Appeal against acquittal

Dear experts,
One of my relative was acquitted by Chief Judicial Magistrate Court in a criminal trial under IPC 420,467,468,471. The judgement of acquittal was pronounced on 08/06/2017. In the judgement, he was asked to furnish a bail bond for six months under CrPC 437(A). He has not received any summon till date from the session court though six months of bail bond period has already expired.
I visited the e-court website to check if any appeal has been filed by state against his acquittal. There I can see a criminal appeal registered on 01/09/2017 under CrPC 378. But I am not sure it belongs to him only because apart from his name matching there is no other detail to cross-check. The details of the case on web show that there have been five hearings of this case till date. The latest hearing was on 27/02/2018 with business on date "Cognizance / issuance of Process/ Service". The case was listed three times with this status.
Therefore I would like to know your expert opinion on the following points:
(1) Can an appellate court issue summons after expiry of bail bonds under CrPC 437(A)?
(2) How to make sure that this appeal belongs to my relative?
(3) What is the meaning of Cognizance / issuance of Process/ Service?

Thanks in advance for your comments!!

Anonymous   28 February 2018 at 00:35

Interpretation of legal language

Application for filing fresh PF already filed.
Heard. Allowed.
Previous order be complied afresh.
Put up before Ld. ACJ for appointment of bailiff

Kindly interpret this legal language.

Thanks in advance

Kavindra   27 February 2018 at 22:52

Motive & previous threats as the basis of accusation.

Some criminals tried to murder a kin of mine but failed. They were not even acquainted to us so had no motive for the crime. Robbery wasn't motive either. So we have concluded that they were most probably hired by our adversaries who have threatened to murder us & were chargesheeted in two cases for this. They also have a huge motive for murder. Yet police refused to book these people as conspirators in the case lodged regarding the incident. Isn't motive and previous death threats enough to book the adversaries as suspects? I have mentioned them in the complaint but police didn't pay attention.

Ramkrishna   27 February 2018 at 21:54

Encroachment of site in the name of lrs rules by another

Sir,
I have a site which is 2000 square yards as per sale deed, another person has 2000 square yards which is exactly back to my site, there was a passage of 15 feet, now he wants to get his land regularized.
Without my knowledge he encroached 25 feet into my site and created a road as his land can be regularized only if he has 40 feet road.
What can be done by me to reclaim my site which has been encroached.

M L RAVI   27 February 2018 at 20:57

Curable defect

Election Petition was filed. The court fees was afixed in the Affidavit instead of Petition. Kindly advice Curability. Any case law.

Election Petition is filed with affidavit apart from Form 25-Affidavit prescribed in RPA act - Any pleading as to accompany with affidavit - is it right.

Revert

NAGARAJ   27 February 2018 at 20:21

Effectiveness of Danamma supreme court judgements

Is danamma case overruled phulavathi case.....?
Is joint family property alienated prior to 2004 ..what is d effect now.....?
There is lot of Contradictions between these two judgment.....present situation what is d effect

Abhishek R   27 February 2018 at 19:46

Evidence from another case


Sir,
A dispute between the u/signed and the one whose business we purchased. We have issued 2 cheques from our Savings Bank account before forming of the Company. Later we paid him from Company's current account from another bank. And one chq of Savings bank account was lying with him. So far so good.
Later there was dispute among us. He took illegal possession of the premises. I have filed police complaint. Under pressure, he put stamp (which was in his possession when took illegal possession) on the earlier cheque, which was lying with him and submitted to the Bank. Savings account cheque with Company's stamp has no relevance. But dumb bank clerks returned it as account closed. He filed case u/s 138 of NI act.
When he submitted a photocopy to the police stating i have owed him money and also offered us compromise formula that we withdraw police complaint and he will take 138 case back. After seeing photocopy of the chq, we realized it is fraud and we filed a case. Hon Court ordered enquiry. We also contested 138, which was eventually dismissed as he left the cross exam in between.
Now our forgery case is in progress. He took anticipatory bail for and in his application for bail, he admitted that the chq does not bear seal. Because we have submitted true copies of the earlier chqs from the same series given to him before formation of the company, through police.
As per our request, Hon Court asked for 138 case papers which are lying on his table along with forgery case.
During the argument before framing of charges, we referred to his cross from 138, where he commits that one of the signatory is NOT A DIRECTOR. But Court asked to show law whether he can use evidence of one case for another case.
The fact is the subject matter of both the cases is the same cheque. The parties are also the same.
1. Sir, will you help us to site some case law for using evidence of one case to another. The evidence is his answers under oath in front of JMFC.
Thanking You. Regards.

Law Querier   27 February 2018 at 18:49

perjury application not proved

what is the punishment/penalty charged to me if I file perjury application against the person in family court and my perjury application will not be proved by family court?

Vineet   27 February 2018 at 18:00

Police verification

would like to bring your notice that I did have credit card unfortunately I lost my job and I was unable to make payment on that time but as of now I made settlement with the bank and made payment on banks terms and condition and eating for NOC. Furthermore i selected of sub inspector in police, my verification is about to come. Does it affect my police verification? Moreover when I checked my CIBIL I get to know that "suit filed and written off" is written in my civil report, what does that mean as well as does it affect my police verification.

krishna   27 February 2018 at 17:35

Society maintenance bill dispute.

Me, Harekrishna Jani and my brother Donald Jani, are joint owners of a flat in CO-Op hsng soc.
We had missed some payments and so there were outstanding arrears. All the outstanding arrears were paid off by myself and my brother over a period of time.
however, in the fresh bill that we received in January, (for the month of jan, feb, mar) he society has not taken into account one particular payment that my brother had made by NEFT,
When the bill was brought to us, we wrote a note on the bill itself requesting them to check according to details provided in the the note and make corrections and resend the bill to us..
However, after a month, which was past the due date period they sent us another bill, but without any corrections. showing the same missing amount as ourstanding arrear.
With elections coming up they are saying we wont be allowed to vote if the bill is not settled.
The society committee is being dissolved and elections being held because there were many complaints against their working.
The committee has shown such arrogance and have trivialized issues raised by us time and again.

Kindly advise