04 March 2021 at 15:42

Case is at hearing stage

under 325/323

a single women is beaten by hand at her home, by her own nephew. at that time her own child 9 years is eye witness, but police not taken her name as witness. The case is at hearing stage, for other 3 witness summons is issued.

my question is

is one of three witness (say A) given statement that he is EYE witness and the child was also known his presence at the time of crime then..
can court call that child to verify the truth ? though the child name is not in witness list ?

otherwise how the witness 'A' himself prove his presence, bcoz at the time of crime (other than a child) no one noticed that 'A' was present

if court called the child though he is not in witness list, can that child assumed or allow to become a witness in main case

plz guide


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15 February 2021 at 20:22

Documents

Dear experts I have two queries : (1) Any copies of documents raken on record by court can be proved. (2) An complaint / application given to employer and as a receipt copy duly stamped by employer but not signed have any value.


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Anonymous
11 February 2021 at 21:46

Check bounce case in bnagalore

I will have a check bounce case coming up very soon and looking for a lawyer in Bangalore.

Here is the case:

Lent money to someone who had given a blank cheque. The loan agreements paper are clean and the terms have been extended for 2 times giving the loanee ample time to return the money with interest. Now it is the time to take legal action. The loan was given in a small town in Karnataka, but i want this case to be files in Bnagalore as the cheque will be deposited in Bangalore. It is also to make the loanees like difficult to travel to Bangalore each time.

Question 1: Is this possible or it needed to be filed in the same town where the loan was issued?
Question 2: Can it be filed in teh fast track court aftre teh check bounce? The amount is 3 lakhs.
Question 3: I do not live in Bangalore and it will be difficult for me to attend any of the court proceedings, so i need to be represented.


PS: People suggesting come in to agreement with the loanee, there are too many cases pending in court and you will be wasting time etc... Please refrain from answering this.


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06 February 2021 at 23:10

Regarding serving notice

Sir,
Please help on below3 points. Please . Some people intentionally avoiding, escaping from taking lawyer notice sent through postal service. Thats why asking this doubt.

1) can lawyer notice be served online either through whatsapp/email address/facebook messenger id ? any of them or all of them ?

2) Can I take pic of the notice prepared by my lawyer and send to other party in whatsapp or email from my whatsapp/email ? So that the other party cannot say that notice is not served. I as a client can send to other party from my whatsapp to his whatsapp ? This is in addition to sending through postal service.

3) or only lawyer can send from his whatsapp or email ?


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06 February 2021 at 22:55

Consideration

Case pertains to sexual assault, molestation and outraged modesty of women and FIR registered U/s 354, 354(B). Police not doing investigation properly and filing cancellation report as accused very influence having approaches. Can court be requested to issue process of summons to accused.


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Anonymous

Sir I've made omplaint n filed a WP in 2018 against an assistant Commr commercial tax for his alleged activities in filing complain against a trader. ie he has shown less crime of forgery docs instead of huge. ie 150 nos instead of 8. and made favour the accused n weakened the FIR. By this trader evaded 45 lakhs VAT. Only department action taken on him.

As expected FIR is now dropped by police since non coop of AC the complainant. In these three yrs AG audit sent report that he has committed 17 crores revenue loss in his service period.

Can I withdraw my earlier WP n file a fresh WP to take criminal action as well as department action? I'm the root cause for AG Audit report.


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Anonymous
05 February 2021 at 12:48

What is substantive evidence?

What is substantive evidence?


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Anonymous
02 February 2021 at 11:28

Need help in my father's case

There is a criminal case on my father for correcting the governments record. But actually he didn't do that. Because of some other officials only he did that. And he was filled a criminal case on 1994. But still the case is going on. He is going to court every month for vaidha. He is fully depressed and now his age is 65. He cant able to see properly. He cant able to hear properly. Please give some idea for my father to relieve from this case.


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21 January 2021 at 19:49

Cheque bounce

sir a person has given an amount to his friend of Rs.3,50,000/- by account transfer to his bank and cash of 1,14,000/- total Rs 4,64,000/- now my client demanded return of said amount given as loan with 7% interest but a settlement has arrived for Rs.4,44,000/- with a reduction of Rs.20,000 from original borrowed amount and borrower friend has issued 2 cheques for Rs.3,20,000/- and Rs.1,24,000/- same got bounced a legal notice was issued narrating whole story with all details till dishonour but last para of legal notice a demand for whole loan amount of Rs.4,64,000/-was demanded with 7% interest till realisation.notice was issued by person who has given the loan with out going for legal advice. the case records were now taken to advocate now by person who has lent loan
is this legal notice of demand of Rs.4,64,000/- with interest of 7% per year is defective ? how to file 138 case if notice is treated as defective notice because loan amount demanded though all bounced cheque details are furnished what are case laws support the complaint to over come defective notice ?


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16 December 2020 at 22:55

Date

Section 107 CrPC provides "When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, 1 with or without sureties,] for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit."

Suppose, the surety is to be taken for 8 months by the Court, the period of such 8 months will start from which date:

a) the date on which the accused is summoned to appear before the Court through Notice under Section 111 of CrPC
b) the date on which the accused first time appears in the Court
c) the date on which surety is accepted by the court
d) the date on which order is passed by the Court in this regard
e) any other such date as decided by the Court

May also provide the case law on the issue, in case there is any.




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