Rucha Pawar
05 March 2014 at 18:03
dear sir's
are xerox copies of the cheques be admissible as secondary evidence in the court , they are not traceable inspite of several attempts, we have also lodge a complaint . our 138 case is pending for hearing , can you plz provide case laws to support the same.
Sir thanks for replies..
we have already filed fir for lost of cheques, at the time of filing of the case under section 138 original cheques were there in our custody but during shifting of the office they were lost.
Now we have file interim application for accepting xerox copies as secondary evidence, but defendant took stand of not filing affidavit of evidence alongwith the application (our director was in mumbai at the time of filing of application)
as per section 65 of evidence act zerox copies can be treated as secondary evidence if is lost and will be not in condition to trace.
plz guide me sir's
thanks .
Shumaila Altaf
05 March 2014 at 17:37
greetings!
Section 29 of the evidence act says that If such a confession is otherwise relevant, it does not become irrelevant merely because the accused was not warned that he was not bound to make such confession, and that evidence of it might be given against him. Isn't this contradicting section 164 of the crpc. kindly make the position clear.
Shumaila Altaf
05 March 2014 at 17:31
greetings!
what do the terminal lists, elimination lists final, advance mean.
M Satyanarayana
05 March 2014 at 17:17
Sir,
I am victim of attempt to murder. The accused in my case got acquitted. I think the Trial was managed by the accused by bribing. When the blood seized clothes were shown to me they were different. When the incident occurred my son PW2 could not succeeding in catching A1 remained absconding and thrown the knife in river but caught A2 on the spot of crime and handed over to one constable whose name does not know. In FIR we have mentioned others and told by victim to I.O. their names to be included in FIR but I.O. have not taken on record nor statements taken about the other people mentioned in the FIR. Now Defence counsel is taking advantage of the situation that the the crime have committed by other people.
Can we draw adverse reference to the accused for absconding and throwing knife. If the accused has not committed crime why he is absconding along with knife.
Please advise is there any possibility of Appeal in High Court setting aside the acquittal order in the trial court. Please kindly advise.
Thanking you,
MSN
Sumit Gupta
05 March 2014 at 16:48
Respected members,
I have decided to take admission in LLB. As I completed my graduation in 2004 from Lucknow University. Here, I want to know about the preparation of this course before admission.
Please suggest.
A
05 March 2014 at 16:31
A lot of citizen have had a need to seek the services of a lawyer at some point and having a good adviser and representative is as important as having a good doctor, i would like the experts and members to give their advice on how to go about selecting the right person for the job, given that basic values like integrity and ethics do matter most when the stakes are high, considering our Indian justice system and the ground realities we face, a few pointers for the citizens will be really helpful from all.
Danish Siddiqui
05 March 2014 at 15:00
Hi,
I was working with a company and had been to USA for training & learning the process for one month. Company has made me sign a bond for that. The bond terms and conditions were either I serve in the organisation for two years or pay three lac rupees as compensation back to the company.
Also, While working with the company I have worked much longer hours due to business requirement I have worked 15-16 hours per day for month on month and even on weekends also to stabilize the project whereas the appointment letter have only stated 9 hours a day 5 days a week. I have not got any overtime for that project.
I have left the company after 1.3 years for better career prospects with out any notice period now the company is not issuing me the relieving letter as I have not paid the bond amount and asking a certain amount (includes bond amount) to give my relieving letter.
I am ready to pay the notice period amount, and not the bond amount as I feel I have served much longer hours than required in the company.
Could you please help me what legal options are available with me? Whether company can deny issuing me the Relieving letter ? What will the process to file a case against the company? How much it will cost ? Appreciate if anyone can reply to my above doubts so that I can go ahead with the legal option
mohammad rafi
05 March 2014 at 14:39
hiii,My grand pa own a land from others,due to heart attack he was dead without registrating them.so my father paid the sum to them and bought our land back.but now my grand pa having four sons,is this property is sharable for all 4 of them.if yes,then how about the person who paid the money to bring back the land
abcdefg
05 March 2014 at 14:34
I want answer of this query based on 27th paragraph of Mumbai HC judgement for Vaishali Satish Ganorkar vs... in 2012 only.
(judgement available on www.indiankanoon.org)
A hindu male XYZ has wife,son,daughter.Daughter of XYZ is born in year 1979.Now,if XYZ dies in year 2007 without making a will,then will XYZ's daughter get equal share in coparcenary property with son? or will XYZ's daughter get share according to notional share concept and not equal share with son?
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Very urgent precise help require
i am a owner of telecom company..my employee filed a suit against my company on non compete clause in agreement which talks about not to join compititors after termination for 2 years..what remedy i have?
i have his sign on agreement.
thankss