THE HIGH COURT OF DELHI will hold examination for direct recruitment against 14 vacancies to Delhi Higher Judicial Service on Sunday, the 06th April,2014-Last Date 06.02.2014 13/11/2013: While renewing the term of the appointment of the existing incumbents the State Government is required to consider their past performance and conduct in the light of the recommendations made by the District Judges and the District Magistrates. Therefore, the High Court could not have issued a Mandamus for renewal of the term of respondent Nos. 1 and 2 and other similarly situated persons and thereby frustrated the provisions of LR Manual and Section 24 Cr.P.C .- SUPREME COURT. 12 Nov. 2013- Registration of FIR by police in cognizable offence is must and action must be taken against officials for not lodging a case on the complaint filed in such offences.- Supreme Court.(PTI) 09/11/2013: Supreme Court stayed Gauhati High Court order that declared CBI as unconstitutional. 06-11-2013 -"while we decline to hold and declare that the DSPE Act, 1946, is not a valid piece of legislation, we do hold that the CBI is neither an organ nor a part of the DSPE and the CBI cannot be treated as a ‘police force’ constituted under the DSPE Act, 1946"-GUWAHATI HIGH COURT
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Query Posted by mohit mishra  on 11/29/2013 3:36:13 PM  from New Delhi  , 110024
Field: Criminal laws
Query : My 498a case was quashed in Dec 2012 by the high court. There was no appeal filed in supreme court by them,on Oct 2013 civil defamation is filed from my side. Now my wife has filed application for re-hearing in the same high court. My question: 1. Is it admissible in the same court ? 2. Can i approach supreme court? i received notice. what can i do in legal way becoz my wife and her family giving tension by failing fake case and useless application becoz there is no provision for reviewing.
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Query Posted by pranav  on 11/29/2013 10:05:59 AM  from Patna  , BIHAR
Field: Criminal laws
Query : i am a undergraduate student of a college. In 2012 i had been made an accused in a case in which IPC (420,471,468,120b) has been charged. But i was not involve in that case. where the incident happened i was crossing from there. currently i am on bail. i want to know am i eligible for a govt job since a case in pending on me.
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Query Posted by Saiankit Sharma  on 1/27/2013 5:56:09 PM  from Delhi  , Delhi
Field: Criminal laws
Query : i want to know that how can a person get bail in fraud case (138. When he is in jail from last 4 days. My uncle is suffering a check bounce case. Please find me a way
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Query Posted by sara cutts  on 1/25/2013 1:43:46 PM  from Mumbai  , Maharastra
Field: Criminal laws
Query : I was in a relationship with a guy from dec 2010. He had promised that we would get married. Hence I was always eager to meet his family but some how he always manged not to make me interact with them. When I told him I have pressure from my family to get married , he assured me that we would get married. we had also filled application for register marriage on 20 Jan 2012. But on 19th Jan 2012 he called me to say he would be able to marry me because he feels I am not beautiful enough for him. I was devastated. I used to daily call him for changing his mind. Then after three months he told me we could get married but then again in sept 2012 he left me stating who will marry a ugly person like you. From march to sept it was a very horrible period when ever i used to ask him when we will get married he used to say soon. When I used to persuade him more he used to beat me. Now I feel betrayed and violated now.
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Query Posted by S.Prabhaharan  on 1/24/2013 5:31:15 PM  from Kottayam  , Kerala
Field: Criminal laws
Query : Dear Sir, A Director of a Company has been impleded in a PF criminal misappropriation case for the default period prior to the appointment of the said Director(Form- 32 has already been filed before the court). Can he be discharged without personal appearance before the court.He is staying at India at present. Kindly guide. Regards Prabhaharan.S
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Query Posted by rajinder  on 1/20/2013 8:33:58 PM  from Jalandhar  , punjab
Field: Criminal laws
Query : whether a case u/s 420 can transferred from gurgaon to ambala which is same state hARYAN BECAUASE ALL THE ACCUSED ARE HEAR AND SUGar pateint and can not travel 500 kms if the case can be transfrred to ambala it is is for the accused to trial
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Query Posted by ritesh kannauje  on 1/17/2013 8:35:21 PM  from Raipur (M.P)  , c.g.
Field: Criminal laws
Query : how many cheqes are used in single case in section 138 of n.i.act?
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Query Posted by KRISHAN GOPAL PRAJAPATI  on 11/15/2012 12:56:04 PM  from Jhansi  , U P
Field: Criminal laws
Query : one person made fake income certificate thrice from Tahsildar Jhansi by hiding the actual income further his son applied for fee reimbursement scheme and got some money.i complained regarding this the local authority DM,tahsildar ,university director etc but they are very neutral..what should i do..sir, can i go to court against this please guide me...i will be highly oblised to you..
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Query Posted by sumit jidani  on 1/31/2012 7:23:27 PM  from Delhi  , Delhi-NCR
Field: Criminal laws
Query : is anticipatory bail provison just like delhi is available in haryana state district courts.
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Query Posted by kishna  on 1/28/2012 1:48:02 PM  from Patna  , bihar
Field: Criminal laws
Query : iad taken oan from apperson and retuned hisall ammont with interes h had gven loan from beerer cheques,but after payent hedidnot reurned my chequs and produced them to his acount after boncing tem he loged afals fir that he has given money toeposite in nsrnse company but i cheated him i have his hand writen peyment reciving statement.twoothe accused otanticipty bail in same case can i get anticipetory bail.there is warrantagainst me
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Query Posted by mahesh madhukar kulkarni  on 5/23/2011 12:16:33 PM  from Pune  , Maharashtra
Field: Criminal laws
Query : What are essential supporting for maximum punishment under IPC 306 with 498A.As PO is against (showing suicide).And we want to collect maximum supporting evidences to frame under 306 and 498A.How much importance of other than blood relation witnesses confirmations’ in this case? Please advice
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Query Posted by Lakshmi kanta pal  on 5/23/2011 4:04:43 AM  from Bhuwneshwar  , orissa
Field: Criminal laws
Query : sir, i want to know about the vigilence case under section 13(2)readwith 13(1)(c)(d)of prevention act1980 and 467,468,471(ii),120(B)of ipc 1960 can a persion under DSP cader make hinself a pitioner and I.O of the case or not. if yes or no can i get it a copy of rule or any high court or suprime courtdeceissions by email or be post
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Query Posted by nutan yogi  on 5/22/2011 10:18:21 PM  from Sikar  , rajasthan
Field: Criminal laws
Query : sir my sister in laws had murderd by her husband and her in laws .fir launched against them ipc 498 A 304 B.plz tell me what we do.
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Query Posted by vinay kumar  on 5/16/2011 11:14:02 PM  from New Delhi  , New Delhi
Field: Criminal laws
Query : For arbitration proceedings under NAtional Highways Act a power of attorney was issued by land owner authorising the attorney holder for pairwi,appointment of advocate,collecting the amount. The attorney holder did not appointed any advocate nor did any pairwi. However when the compensation was disbursed the authorities prepared compenstion cheque in name of attorney holder. The compnesation was disburssed in pursuance to arbitration award which is equivalent to court decree as per arbitration act. There was nothing in the POA that the cheque should be issued in name of attorney holder. Can the authorities issue cheque in name of attorney holder.
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Query Posted by RAM PRAKASH  on 5/16/2011 9:24:04 PM  from Jaipur  , Rajasthan
Field: Criminal laws
Query : Is it possible to withdraw my guarantee u/s 138 of ipc and how?
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Query Posted by santha  on 2/26/2011 11:13:00 AM  from Coimbatore  , tamilnadu
Field: Criminal Laws
Query : First of all thanks to the forum members thro this mail/ Here need some details Sir! --------------While in family disputes, filed by one of the heirs,(myself) in Jan 2003, gift settlement deed made to another one of the heirs(step mother son) after attack parlaysis to my father with thumb impression on july 2004 .Guide us for challenging the giftsettlement to be null and void/ If any supreme court rulings regard in this connections kindly forward me sir/Hope for the best/
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Query Posted by ashwin  on 2/25/2011 7:41:00 PM  from Aazamgarh  , gujarat
Field: Criminal Laws
Query : one mane probhakar his mother name patokamo is death date 10/02/2011 his death certificate buy mistake rong name is patukam his mother death certificate chang crate name patokamo pilesh help send amedmant
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Query Posted by b.m.  on 2/23/2011 2:55:00 PM  from Mumbai  , maharashtra
Field: Criminal Laws
Query : i need citations for grant of order under section 156(3) of CrPC. please help.
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Query Posted by Anil kumar  on 2/21/2011 3:13:00 PM  from Gurgaon  , haryana
Field: Criminal Laws
Query : We have an industrial property in Gurgaon and my father was the sole proprietor of the said property. In the year 1984 my father came to know that someone prepared GPA in his name and SPA in the name of his wife. Lodged a complaint in the PS Sadar Gurgaon, haryana, and an FIR was registered against the said person. But despite various reminders no action was taken by the police. I the year 1985 wife of this person filed a case of permanent injunction on the biases agreement and did not disclose the GPA or SPA, injunction was not allowed he appealed in the session court there also she could not get the relief so she withdrew her case. In the year 1987 wife of this person again filed a case of specific performance and that to was dismissed from lower court and she had filed an appeal till supreme court but it was dismissed. My father died in the year 2004 and in 2008 this man who had prepared forged GPA and SPA of my father again came in picture and now he has filed a case for permanent injunction and this time he came with a registered will of my father. But the will is of the same date on which he has got GPA and SPA and with the same attested witnesses on the will who are on GPA & SPA. The FIR filed by my father in the year 1984 for forged GPA &SPS is still pending, as I have obtained the RTI report and it shows the case is untraced but the file is missing for the police station. I have given fresh application for investigation for GPA, SPA& will but police is taking no action in this regard. We are four legal hair of my father, my mom, my two sisters and my self. My questions are: FIR u/s 420 of 1984 can be investigated again as my father is no more and he had filed the FIR. Can I file a police complaint and to registered an FIR for forging the will of my father as he had already filed a case in the court for injunction on biases. Or, what you suggest me what legal action I can take against the said person. With regards, Anil
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Query Posted by vaibhav gaikwad  on 2/20/2011 7:46:00 PM  from Aurangabad  , maharashtra
Field: Criminal Laws
Query : one accused under MCR .he has cofessed he has done m m murder & said information by him police recover one knife & blooded cloth . haw will he grant bail?
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Query Posted by PKM  on 2/20/2011 6:53:00 PM  from Indore  , M.P.
Field: Criminal Laws
Query : A question from academic point of view based on N.I.act +Company Law: ABC Ltd issued cheque in favour of XYZ ltd. ABC ltd wound up. Case continued on directors of ABC ltd. After certain times XYZ ltd wound up. Both companies wound up as per order of High Court. Case against Director of ABC ltd is permissible in law. My academic question is based on criminal cases don’t abate on itself: 1. Now who will continue case against director of ABC ltd (a) Official Liquidator (b) Ex-Director of XYZ Ltd. © Power of attorney holder of XYZ Company can apply to court to substitute him in the case under section 302 of crpc. Since in cheque bounced cases there is no assets are attached, official liquidator is not supposed to follow. If b & c comes in to the picture under section 302 of crpc whether they hold legal & constitutional right to issue discharge certificate in favour of directors of accused company if amount is payable.. In which name amount will be paid , if any, by director of the accused company( when official liquidator do not follow case) 2. It is the duty of pleader to inform the court regarding winding up of company as per Order 22, Rule 10-A of the C.P.C (a) On whose behalf pleader will appear without valid power of attorney? Can’t he loose his certificate of practices on his failure to inform court regarding winding up of
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Query Posted by Rajeev Sharma  on 2/20/2011 3:07:00 PM  from Chandigarh  , UT
Field: Criminal Laws
Query : can bail be granted without surety when the accused is resided in the remote village of another state?????????
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Query Posted by arvind kumar sahni  on 2/15/2011 11:49:00 PM  from Kota  , rajasthan
Field: Criminal Laws
Query : can it be possible when the lady was under full menstruation can rape be commited with that lady ?
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Query Posted by kallu  on 2/13/2011 2:50:00 PM  from Rohtak  , haryana
Field: Criminal Laws
Query : Sir/ Madam, If a person, who is in blood relation of the beneficary and below legal age of 18, have signed a Will. Whether this Will is legal or not. Whether it comes under IPC 420 or not. Thanks
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Query Posted by mian tufail  on 2/10/2011 7:42:00 AM  from Srinagar (JK)  , jammu and kashmir
Field: Criminal Laws
Query : please give me citation of judgement which says that if a person is arrested in one F I R he shell b deemed to b arrested in another.
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Query Posted by Shanika L.  on 2/9/2011 7:27:00 PM  from Aazamgarh  , Florida
Field: Criminal Laws
Query : My boyfriend was working a cashier / crew member job & he as well as other workers , including his managers would take a few dollars every now & then. That was wrong , but all of a sudden my guy gets terminated after coming to work one day & the district manager who owns the chain of businesses came to talk to him with a bunch of other guys , yelling at him asking for money. My question is , if they didnt arrest him & charge formerly (a loss prevention officer was supposedly present) can they turn around a few months later after he finds a job about making a payment of $2000 to leave him alone or tjey will have him arrested? They said over the span of 2 months , my guy stole over $15000 + (they are supposedly still counting) . He doesnt have access to that much money at the cash register, his hours were being cut so he was hardly there, his other managers in the store have his cash register codes & are there for a few hours, go to the back with the safe only managers have access to, and leave. So many things are wrong here. He has never been in trouble in his life & had been working there for almost 3 years w/o incident & was about to actually take his managers job since the manager was having so many problems. I think its a set up just to get him out but we have a baby, school, bills & they want money every month. He only makes 800 a month now, help please!
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Query Posted by azhar ali  on 2/8/2011 1:23:00 PM  from Kanpur  , u.p
Field: Criminal Laws
Query : dear sir, my father was murdered in june 2007 and local court has declared the judgement.now it is in allahabad high court i want to fix my hearing in high court immediately can its possible and what is procedure
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Query Posted by manoj kumar  on 2/7/2011 5:17:00 PM  from Dehradun  , uttrakhand
Field: Criminal Laws
Query : a civil suite is pending in hon`ble dehli high court u/s trade act. A fir against such party in dehardun police station u/s trade act on same facts,is it leagely possible? if fir registered then what willbe investigaton results ?
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Query Posted by brajendra soni  on 2/3/2011 11:54:00 PM  from Lalitpur  , u.p
Field: Criminal Laws
Query : sir, 39/40 electrcity act main meri nasamjhi per maine lalitpur coart main confetion kar 500/- ka jurmana karwa kar case ko close karwaya,mujhe yeh nahi bataya gaya ki yeh ek apradh hai aur ab main ek saza yafta mujrim hoon, ab main passport banbana chahta hoon aur gun licence bhi, maine suna hai ki koi ruling hai ki 1000rs se kam jurmana apradh ki shreni main nahi ata hai, pls age mujhe salah dene ki kripa karain main bahut pareshan hoon tnx
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Query Posted by raju  on 1/31/2011 3:10:00 PM  from Delhi  , delhi
Field: Criminal Laws
Query : My aunty suffering due to her son behaviour He used to beat her and bad language for his sister and mother. Please suggest me what I can do for her
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Query Posted by bulun  on 1/23/2011 2:24:00 PM  from Aazamgarh  , up
Field: Criminal Laws
Query : case laws for discharge when all the relevant copies of withnesses under sec 161(3) are not supplied to the accused.
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Query Posted by toton  on 1/23/2011 2:17:00 PM  from Hubli  , west bengal
Field: Criminal Laws
Query : FIR-1983 accused discharged-1986 incomplete chargesheet submitted-1991 2001-magistrate ordered for charge relying only on FIR without furnishing statement of witnesses mentioned of FIR. please give case laws for discharging the accused
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Query Posted by hiren modi, advocate.  on 1/23/2011 8:49:00 AM  from Valasad  , gujarat
Field: Criminal Laws
Query : my self hiren modi, advocate. would like to asked you something about the question raised before sessons judge, my client was arrested for the alleged offence rege.wide M-CASE, before magistrate. allegation against my client is like this, my client came to the house of complainant, and giving promise to marry his daughter aged about 16years-10months, n forcibly draged her to sit on motorbike and then accused renaway with my daughter. offence was rege.u/s--376,363,366,368, of I.P.C. inthis type of allegation REGULAR BAIL CAN BE GRANTED BY COURT OF SESSONS ? IF YES, GIVE SOME CITATIONS.
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Query Posted by sandeep  on 1/19/2011 10:19:00 PM  from Sirsa  , Haryana
Field: Criminal Laws
Query : my without registration Number but fully inshored new Belero is theft by unknown ....now insorance company is refusing to give compensation as saying that registration number was must.......plz tell me any law or dicision regarding this ........with regard...sandeep
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Query Posted by Krishan  on 1/11/2011 1:29:00 AM  from Mumbai  , maharastra
Field: Criminal Laws
Query : I was in Delhi police Department. A case u/s 498A/506 was registered againest me. I was detained for 6 days in police coustdy. I informed all about this to my department. my department did not take any action againest me. Then i was selected for Income Tax Inspector and join my duty by giving technical resignation. Now please advise me,could I join new department if any criminal case is pending againest me. What kind of any action can be taken againest me by my present department? How can I save from Departmental procedings? Please reply soon. With regards
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Query Posted by Harsa Naik  on 1/7/2011 11:01:00 AM  from Jharsuguda  , Orissa
Field: Criminal laws
Query : I want some advise to protect as flase charge impossed under Sec-286,287,337 & 338 against one of my friend
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Query Posted by neeta mone  on 12/23/2010 12:06:00 PM  from Goa  ,
Field: Criminal laws
Query : hello sir, when a case is filed u/s 138 of NIAct and memo of cheque bouncing is returned with remarks "funds insufficient" , while sign on cheque is disputed by the accused, the acting Bank Manager examined along with the sign card he has brought, he says both signs differ, so whether accused liable u/s 138
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Query Posted by Binod Kumar Jha  on 12/11/2010 5:24:00 PM  from Allahabad  , Uttar Pradesh
Field: Criminal laws
Query : Refference Cases Under Section 419,420,467,468,471 IPC In which circumstances this section will applicable for any person.
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Query Posted by mahesh  on 12/10/2010 11:12:00 PM  from Agra  , up
Field: Criminal laws
Query : is a inspector rank officer can order a bank to frrez my brother account who involve in murder and loot case.the inspevtor is an i.o.
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Query Posted by DHIRAJ KUMAR V NAI  on 12/9/2010 11:47:00 AM  from Ahmedabad  , Gujarat
Field: Criminal laws
Query : i have passed away my medical for police constable bt at that time there was a case on me so they did not gave me a recruitment now after 10 years i have won my case in session court.now i want to join my job so kindly reply me is there any chances from high court ??
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Query Posted by Sangeetha Nandish  on 12/7/2010 2:31:00 PM  from Bangalore  , karnataka
Field: Criminal laws
Query : dear sir, my father sold our house in bangalore, later my brother told he will deposit money in stock market for pms for 1year lock period, now one yr over when my father went to his brothers house my brother vacated the house took all the household thingsn went without informing anyone, i remember he told he deposited in icici bank, but dont know where he is now, so what should i do now to stop him taking the money from the bank and how to getback the money for my father.pls suggest what can be done regarding this
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Query Posted by Toshendra Sharma  on 12/5/2010 11:13:00 AM  from Nanital  , uttarakhand
Field: Criminal laws
Query : Sir what is the age criteria for applying armory license. is there such condition that age should be more than 25 year??
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Query Posted by Umesh Pandey  on 12/2/2010 12:08:00 PM  from Mumbai  ,
Field: Criminal laws
Query : my brother has been implicated under section 364A and he has been named as accused no 3. We are trying to get bail for him. Is bail possible for this offence. Can you please suggest some earlier bail judgements which were successful.
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Query Posted by Anand  on 11/29/2010 4:23:00 AM  from Raipur (M.P)  , Chattisgarh
Field: Criminal laws
Query : Hi, thanks for a nice forum, my father was involved in an accident case and it is under civil court, is it legal for me to ask the opposite party for a compromise by providing a financial compensation ?
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Query Posted by warierbina  on 11/15/2010 9:27:00 AM  from Baroda  , gujrat
Field: Criminal laws
Query : how you help for personal domestic vilonce not get any support from court not have money and poerful contect i scered to go at court iam helpless for me and my childern
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Query Posted by warierbina  on 11/15/2010 9:25:00 AM  from Baroda  , gujrat
Field: Criminal laws
Query : how you help for personal domestic vilonce not get any support from court not have money and poerful contect i scered to go at court iam helpless for me and my childern
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Query Posted by gaurav7  on 11/10/2010 3:12:00 PM  from Gorakhpur  , uttar pradesh
Field: Criminal laws
Query : can bail be cancelled if taken on financed vehicle, case is of 498A
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Query Posted by manoreet kaur  on 9/19/2010 2:51:00 PM  from Sri Ganganagar  , rajasthan
Field: Criminal laws
Query : my parents are lawyer.any client of them logged FIR against them u/s 467,468,420,120-b,sc-st act. all these blaims are totally false now we are very tense.how can they take anticipateri bail.please answered as soon as possible.
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Query Posted by patel ghanshyam h  on 8/30/2010 12:16:00 PM  from Ahmedabad  , gujarat
Field: Criminal laws
Query : sir,i have query related criminalsuicide & dowery death case now in guj. high. court. in hearing. in my law college i am participate in moot court compitition so, i want judgment related dowry death & dying decleration. in this case session court punished under section 498-A and 306 read with section 34of IPC. case No.-ABC of 2003 dated 25th March 2006.
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Query Posted by Nagendla Mallikarjuna Rao  on 8/7/2010 12:44:00 PM  from Hyrderabad  , ANDHRA PRADESH
Field: Criminal laws
Query : IF BELOW 7 YEARS CONVICTION IN ADDITIONAL DISTRICT COURT WHERE WE APPEAL FOR BAIL
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Query Posted by sorab banotra  on 8/5/2010 10:51:00 PM  from Jammu  , j&k
Field: Criminal laws
Query : what is the meaning of recently sexually assaulted specificaly recently means how much time 1 day , 1 hour , 1 week?
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Query Posted by sorab banotra  on 8/5/2010 10:29:00 PM  from Jammu  , j&k
Field: Criminal laws
Query : is the bail is possible if the prosecutrix statement not recorded inthe court hearing.
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Query Posted by mohamed  on 7/14/2010 3:05:00 PM  from Trichi  , tamil nadu
Field: Criminal laws
Query : sir, as i am having case against me in india on 420 of cheating ,by using somebodys credit card for more than 5 people,we are 4 friends and i am a1 in the case i dont know why , we repaid all people and teh last client whom we cheated filed a complaint as a case we wree in jail for 2 months in dec 2002 ,after that we went our ways in life after bail, i stopped going to court on dates and i got married and worked in various companies,now iam in guld , iam working for 2 years, it is now 7 years since i went to court for the case before that everyday i was going, i want to know if i go to india police will arrest me? can i ask my lawyer or new lawyer to settle this in india by paying some money to police people whom i came to know serching for me in my very old address, as i changed my accomdation before travelling abroad, i am afraid i f i go to india will police arrest me and what will be teh punishment for how many months, is tehre a solution for me to escape this, please help me for this reason i cannot take vacation,or if i dont go for another 2 years will the case close as i will complete 10 yeras from absconding! please suggest sir mohamed
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Query Posted by vipul vakharia  on 7/11/2010 3:06:00 PM  from Himat Nagar  , gujarat
Field: Criminal laws
Query : siganture on cheque is admitted and can magistrate reject the app. for expert opinion on cheque on the ground that sig. was already admitted. Is there ruling of our apex court
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Query Posted by Rose  on 7/10/2010 10:10:00 PM  from Bhadrak  , orissa
Field: Criminal laws
Query : citicon Engineer Ltd, 540 saheed Nagar, Bhubnaneswar: orissa cheat with us in land fraud even after five years later please help me to punish that fraud real estate builder
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Query Posted by psbasu  on 7/5/2010 4:55:00 PM  from Kolkata  , westbengal
Field: Criminal laws
Query : certified copy of inquiry report u/s 340 crpc available in case record refused.how do i get it?
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Query Posted by A RANGANADHA SWAMY  on 6/22/2010 11:43:00 AM  from Kakinanda  , ANDHRA PRADESH
Field: Criminal laws
Query : PLEASE GIVE INFORMATION
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Query Posted by b.s.kumar  on 6/3/2010 11:06:00 PM  from Jalandhar  , PUNJAB
Field: Criminal laws
Query : a man issues two cheques of Rs.51000each in thew year2007.He fills cheques leaving the dates of both the cheques.The holder of the cheques misuses these cheques in year 21009,writes dates17.4.09 and 21.04.09,makes two billsshowing sale of two lap tops,files suit,sale of goods is not accepted and acknowledged on bills or otherwise.Does it make the maker of cheques lgally liable to pay.
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Query Posted by alok choudhary  on 6/1/2010 10:56:00 PM  from Ambala  , haryana
Field: Criminal laws
Query : my friend is in jail from last 3 years he is facing trial against him u/s 304B alternatively 302 also. his wife is died in raiway accident. railway police report also says that his wife died due to railway accident. pls give case refference of similar case in which wife died in railway accident and in law fixed in jail under section 304 B but aquital by court
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Query Posted by kesavaram nms  on 5/31/2010 11:26:00 PM  from Madurai  , tamilnadu
Field: Criminal laws
Query : i am a state govt servant. fir was filed against me on 28th july 2005. charge sheer nkt issued till date even after highcourt directions giving 3 months time twice. as the high court is repeatedly giving the police extending time as three months sought suggestion to put an end to the matter as i retirement date30=6-2006 is over more than 4 years .kindly help me for getting my retirement benefits.
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Query Posted by vijaysharma  on 5/30/2010 8:13:00 AM  from Jaipur  , rajasthan
Field: Criminal laws
Query : what happend in court decision in trap cases under pcact when tainted money not found from accused but some part of that money found nearby(on ground),pink colour came positve in accused hand due to shakehand from the complaintant.
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Query Posted by arun  on 5/17/2010 12:09:00 AM  from Ghajipur  , up
Field: Criminal laws
Query : is revision against section 111 of crpc maintainable in session court
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Query Posted by yash  on 5/5/2010 4:41:00 PM  from Agra  , Uttar Pradesh
Field: Criminal laws
Query : when a person got the injuries in his head and got his treatment by private doctor. After two days he approach the government doctor to have MLC. Doctor gave him MLC and and mentioned that all the injuries are two days old. Now i want to know that can he moove an application under section 156(3) for lodging his FIR as police personnel mare not hearing him
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Query Posted by Arvind Saraswat  on 4/15/2010 1:54:00 PM  from Mathura  , UP
Field: Criminal laws
Query : Can a person lodge a false case that I have taken money from him for helping him in getting a government job in my sisters department U/S 420 of IPC
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Query Posted by SK Yadav  on 3/16/2010 6:07:00 PM  from Panipat  , Haryana
Field: Criminal laws
Query : sir, my question is thatsome body pasted my wife photo on sale deed and police registered the FIR against my self and my wife but as per report of Govt. FSL report that the thumb impression is on sale deed are not my wife. Please confirm me that we are accused in that case
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Query Posted by prem srivastav  on 3/10/2010 5:36:00 PM  from Jamshedpur  , Jharkhand
Field: Criminal laws
Query : i stay at gujarat & got married at jharkhan (Tatanagar) after 4yrs of marriage i have recd summon ag. 498a... wife is not staying with me from last one year.i have one baby kid of 3yrs old.pl guide wht law applicabe for two different state & what are chance of ecspace from false aligation
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Query Posted by surender shukla  on 3/7/2010 8:12:00 PM  from Lucknow  , Uttar Pradesh
Field: Criminal laws
Query : pcsj
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Query Posted by mini  on 3/4/2010 5:32:00 PM  from Mumbai  , Maharashtra
Field: Criminal laws
Query : if a cheque issued in mumbai of a mumbai branch bank and it is deposited in kerala. the cheque is dishonured. where shall i file a case, in mumbai or in kerala
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Query Posted by dnyaneshwar zarkar  on 2/26/2010 12:12:00 AM  from Secundrabad  , Maharashtra
Field: Criminal laws
Query : if any witness abusing to Advocate in and before the court then what kind of legal action can be taken against that witness
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Query Posted by Bimal Paul  on 2/22/2010 10:59:00 AM  from Dirugarh  , Assam
Field: Criminal laws
Query : Arun is chargeed of murder of Varun. the charge sheet is filed in courtof chief judicial magistrate,who passed an order of sentence of imprisonment for life. arun engaged me as a lawyer to advise him ,what advise giving him with reasons.
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Query Posted by Bimal Paul  on 2/22/2010 10:55:00 AM  from Dirugarh  , Assam
Field: Criminal laws
Query : Arun is chargeed of murder of Varun. the charge sheet is filed in courtof chief judicial magistrate,who passed an order of sentence of imprisonment for life. arun engaged me as a lawyer to advise him , advise him with giving reasons
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Query Posted by SHABINA  on 2/19/2010 12:16:00 AM  from Mumbai  , Maharashtra
Field: Criminal laws
Query : if two person are granted bail on same case ,can the third person also be granted bail as regard to parity ????
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Query Posted by chirag  on 2/10/2010 4:04:00 PM  from Mumbai  , Maharashtra
Field: Criminal laws
Query : dear sir i have a case reg against me in 2004 for a shop fight which occured in the shop and small damage to sweet shop now what are my chances as the shop is already sold long back to some one and it is a different shop now please help me
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Query Posted by jaspaal j singh  on 2/8/2010 9:45:00 PM  from Pune  , Maharashtra
Field: Criminal laws
Query : my wife filed 498a after 5 years of marriage, we got divorced last year, they are doing prejudices in court, can i file 156/3 dowry probhition, against they for accepting that they gave dowry, i have filed for quashing
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Query Posted by sanjay  on 2/6/2010 12:19:00 PM  from Bharauch  , Gujarat
Field: Criminal laws
Query : despite having asecurity deposite company has made acase of section138 by using my blank cheque in which ihave written only company name and my sign.pl.advise me case is positive for me or not?
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Query Posted by jasvinder  on 2/3/2010 9:57:00 PM  from Haridwar  , Uttarakhand
Field: Criminal laws
Query : the applicant is a financier and financed to one for purchase of old truck.the amount financed was made by dd.the person also executed a hire-purchase agreement and same was endorsed in regional transport authority.when applicant asked the installments the person issued a cheque of rs 400000 in name of firm of applicant.the same was bounced due to insufficient fund tha applicant send legal notice which that person refused to take so applicant filed case of 138. during cross examination of applicant the applicant answered a question of accused lawyer that said cheque was brought already filled in front of applicant and the accused only signed the chequue in front of applicant. now the accused advocate moved a application in defence to call writing expert which was allowed by lower court my question is since tha applicant already said the cheque was already filled when it was brought in front of applicant and the applicant dont know if said cheque was filled by accused or not.now if expert says that the writing of signature and cheque filled is differ than will the case will close, any remedy or citation if any
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Query Posted by ravi ranjan  on 2/2/2010 7:43:00 PM  from Delhi  , N.Delhi
Field: Criminal laws
Query : a get ex-parte judgement against him in 125 cr.p.c. one year ago 20.01.2009. he never appear in court proceecing.court has passed 4000/-p/. he is poor belongs to labour class. what suggestion should i give to him.
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Query Posted by Amit  on 2/1/2010 12:48:00 AM  from Sirsa  , Haryana
Field: Criminal laws
Query : Compromise u/s 376 is possible on record? IF yes any authority of SC.
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Query Posted by kapil  on 1/28/2010 2:12:00 PM  from Delhi  , N.Delhi
Field: Criminal laws
Query : i am a stock broker.one of my client had filed complaint against us that we had done cheating with them and done trades without consulting her.she had filled case in some other state.she also stated we had gone there to open her account.but that it not true.we had also given documents supported to that.but supreme court had rejected our crimanal transfer petition.now what willwe do.she is in nagaland which is threat to our lives
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Query Posted by choksi s c  on 1/28/2010 12:30:00 PM  from Bharauch  , Gujarat
Field: Criminal laws
Query : instead of my security deposite with company ,it has made acase of under section138 using my blank cheque in which i have only sign andwritten only company name.
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Query Posted by krishna ch  on 1/21/2010 5:20:00 PM  from Secundrabad  , Andhra Pradesh
Field: Criminal laws
Query : On basis of hand writing expert report(zerox copy) , plaintiff filed a criminal case in criminal court on me and other two witnesses in pro-note case amount of Rs.40000/-. He filed a case on final receipt which was signed by plaintiff and other two witnesses is forged and it was created by me and other two witnesses and it was happened at his native place. Plaintiff given final receipt due to misplacement of pro-notes(principal, interest paid by me periodically by bank deposits, transfers and cash).. Actually this receipt was given by plaintiff to me at Hyderabad but case filed at his native place. Court instructed to police to file FIR and do enquiry. After investigation of police , they filed charge sheet in court just one month that it was a false case which was filed by plaintiff. What will be happen next? Will it be closed ? if not , what to do next ? Shall I go to high court to quash this case? And when should I go?
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Query Posted by namrata  on 1/20/2010 2:03:00 AM  from Ambala  , Haryana
Field: Criminal laws
Query : can a court summons issued on the accused in judicial complex in other state
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Query Posted by Ajendra singh  on 1/6/2010 8:03:00 PM  from Lucknow  , Uttar Pradesh
Field: Criminal laws
Query : judgement so far in case under crpc 334,335 ,339
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Query Posted by sunil kumar  on 12/22/2009 12:08:00 AM  from Kullu  , Himachal Pradesh
Field: Criminal laws
Query : bank memo for dishonour recived at 4:00 P.M on dated 13-11-2007 but the notice was already sent by the complainant on the same day 13-11-2007 at 11:30 A.M. also notice sent to mentioning wrong name of father and no aknowledgement has been recieved by complainant. even at the time of cross examination compalint has admitted that "Tiru Ram" is not the name of father of accused.sugest me the solution and law of Supreeme Court and other to save the accused
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Query Posted by hema  on 12/17/2009 7:31:00 PM  from Bangalore  , Karnataka
Field: Criminal laws
Query : what is punishment when a man deserts his wife and 7 year old daughter by absconding for more than an year.?
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Query Posted by raman kumar  on 12/10/2009 6:41:00 PM  from Ludhiana  , Punjab
Field: Criminal laws
Query : non-commission of offence inspite of charged then discharged urgently,judgments no.
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Query Posted by CH.SRINIVAS  on 12/3/2009 11:44:00 AM  from Hyrderabad  , Andhra Pradesh
Field: Criminal laws
Query : SIR, I have filed a criminal case on defendant and other two witnesses concerned to forged receipt using hand writing expert opinion. I also mentioned in case that paid receipt might be created and forged by defendant and other two witnesses of receipt and it was happened at around eluru 1 town area police station. it is my expectation and I have no witness to prove this was happened in this area. court was forwarded to police to file FIR and do enquire it then report me. But police filed charge sheet and reported that there is no proof to say that this receipt created and forged by defendant and other two witnesses at this area. Note: Transactions between me and defendant have done at hyderabad. my native place is eluru. my question is : how should I go further? if trail court dismis this case what to do then?
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Query Posted by krishna  on 11/28/2009 5:27:00 PM  from Secundrabad  , Andhra Pradesh
Field: Criminal laws
Query : Dear Sir, Plaintiff filed a suit in hyderabad for non-recovery of Rs.40000/ - of two promissory notes each Rs.20000/- each with interest at the rate of Rs.2/- per month. He submitted that he had not been received either principal or interest. Defendant submitted written statement with evidences such as bank deposits , transfers and some cash paid every month principal along with interest and final ack receipt in which plaintiff stated that he has received both principal and interest periodically and given this receipt due to misplacement of pro-notes . This ack receipt was signed by plaintiff . But the problem is that plaintiff got opinion from hand writing expert in his favour and expert wrote his opinion that the signature is signed by plaintiff on ack. Receipt is forged. Expert is not called for cross examination by plaintiff to prove this report. So this opinion was not marked by the court till judgement. While civil case going on, plaintiff filed a criminal case at his native place and he mentioned that ack. Receipt is created by defendant and two witnesses and it is created by them at his native place. Criminal court is forwarded to police to file a FIR and for enquiry about this case. Now it is under investigation stage. Now judgement is given by the civil court judge. Judge wrote that “ suit is decreed for Rs.40,000/- with interest at the rate of 2% per annum with costs from execution date of pro-notes till the recovery”. The complete judgement will come within one week or 10 days. My question : will criminal case(under investigation stage) also close if I paid decreed amount in civil court. If yes, please tell me the procedure to close both civil and criminal cases because defendant don’t want to go for appeal because of the civil case ran already for seven years..
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Query Posted by Vibhuti Ranjan  on 11/24/2009 5:38:00 PM  from Meerut  , Uttar Pradesh
Field: Criminal laws
Query : We are runing a school at the back of our house.Avigilance team booked me under section 135 for using domestic electricity for commercial use.Is it right?The load was calculated 3060 watts. They are now calculating the total amount to be paid Rs.1,86000. Is it correct?
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Query Posted by Mohammed siraj  on 11/21/2009 2:30:00 PM  from Mumbai  , Maharashtra
Field: Criminal laws
Query : Details of the matter *****Mr x was a partner in co at the time of his retirement dispute arised and they settle the matter with the panch(Freinds). panch made the settlement on plain paper with all signatory to settle the amount for Rs 5000000 to be paid to mr x for retirement in 3months period After some 45 days accordingly in front of the panch and their legal advocate the dispute was settle and transaction was settle mr x sign the deed of retirement on stamp paper made by their legal advocate in which it was was clearly mentioned that full and final settlement and nothing is due to mr x at the time of his retirementand the last amount of settlement rs 300000/- given in cheque to mr x for which he provided the receipt and 2more partner enter the company accused no 3 and 4 *** 1)Mr X had 10yrs old Blank cheque of accused no1 with single signature of accused no2 his brother which he had stolen when he was a partner of accused no1 *** 2)accused no1 co since its incorporation had signature of any two partners in bank for transaction Mr. X used this old blank and stolen cheque of company bearing single signature of accused no2 filled the cheque for rs 3500000 and put the duplicate rubber stamp of accused no1 and deposited in the bank to made a false 138 case As soon as cheque bounced before the action of complainant the accused no 3 file a complaint (case no 1) in the court for forgery of cheque under sec 156(3) against Mr x which put a duplicate rubber stamp of co and was a 10yrs old stolen blank cheque bearing single signature of accused no 2, certified by the bankers of accused no 1 that it was a 10 yrs old cheque. Order was passed against mr x and was arrested he tried to get the bail in session but was rejected on the ground since he was the ex partner of the company he was knowing the company bank trasaction norms than why did he accept the single signature sign than Mr x went for quashing the matter in high court but was rejected but got the bail from high court *****case no2: for the same cheque 138 filed for cheque bouncing case by complainant mr x for Rs 3500000/-against the four accused given below: He had his banker’s cheque bounce receipt which mentioned 1) Payment stopped by the drawer 2) Drawers signature incomplete/requires Accused no1: Is the co Accused no2: partner of accused no1 and brother of complainant mr x (also ex partner of the accused no1) Accused no3: partner of accused no1 and son Of accused no2 Accused no4: partner of accused no1 and Son of accused no2 Present status of the matter : ****case no 1: mr x expired and the forgery case is also finish since the accused is no more ****case no 2: original complainant mr x expired and the case is run by substitute mr y his son Cheque is with the I.O and application had been filed by Mr y to start the case with secondary evidence Xerox of the cheque since I.O. is not sending the cheque to the 138court inspite of several reminder of the court please advice i am accused no 3 i say that this is a false 138case it was a ten yrs old cheque which had been certified by our bankers and it bears false rubber stamp. the cheque had the signature of my father accused no 2 who is also expired we two brother and partner accused no 3 and 4 had not issued any cheque nor my father and the cheque does not bear our signature can i filled for quash or discharge if yes under which ground or judgement
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Query Posted by krishna  on 11/20/2009 12:00:00 PM  from Bhimavaram  , Andhra Pradesh
Field: Criminal laws
Query : how to take action on plaintiff if plaintiff used a unattested copy of expert opinion from civil court,hyd as evidance in criminal case filed at bhimavaram? supreme court citation: **Civil suit cannot be stayed pending criminal prosecution – criminal cases can be stayed by civil - Attestation must be proved – to mark document. Factum of execution of will is not sufficient in law unless due attestation of will is proved – Documents required to be attested in law cannot be used as evidence unless attestation is proved. 1995 (2) CTC 476.
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Query Posted by vishwajeet  on 11/19/2009 4:57:00 PM  from Patna  , Bihar
Field: Criminal laws
Query : is the applicant liable if an advocate files a tampered copy of fir in a regular bail application?
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Query Posted by pardeep  on 11/15/2009 10:35:00 PM  from Sangroor  , Punjab
Field: Criminal laws
Query : what are the remedies against the order to framed a charge by judicial magistrate 1st class under section 420 of ipc
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Query Posted by pardeep  on 11/15/2009 10:32:00 PM  from Sangroor  , Punjab
Field: Criminal laws
Query : what are the remedies against the order to framed a charge by judicial magistrate 1st class under section 420 of ipc
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Query Posted by xxx  on 11/12/2009 9:46:00 PM  from Ranchi  , Jharkhand
Field: Criminal laws
Query : charges 498a & dv. it was disposal from sub-courts, . now it is in high court, may it will dispose from the HC? reply soon
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Query Posted by SAJID  on 11/6/2009 2:31:00 AM  from Kadi  , N.Delhi
Field: Criminal laws
Query :
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Query Posted by P K Sethi Advocate  on 11/4/2009 6:10:00 PM  from Delhi  , Delhi
Field: Criminal laws
Query : Wheather CBI can investigate and seize at places beyond jurisdiction of notification.
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Query Posted by anu  on 11/2/2009 7:33:00 PM  from Pune  , Maharashtra
Field: Criminal laws
Query : Brief Background: We are a small firm providing consulting services based at Pune. I landed up in a dispute with one of our customers when she wanted to terminate the contract with us (as she got a cheaper alternative) in the midway of the services being imparted and wanted the advance money back. The customer filed a police complaint against me based on baseless allegation to make it look like a case of cheating (Prima-Facie). An FIR was registered under section 420 leading to my arrest in 2006. I got bail soon. The charge sheet has also been filed. Presently the case is under trial in Metropolitan Magistrate Court for almost three years. My problem is that the complainant is not coming on the dates despite summon being served and serviced. As the allegations against me are baseless, she cannot prove the same in the court and that’s why she is not coming. I have been regularly going to the court on all dates hoping that she may come. I just get a new and long date every time, that’s all. Queries: An advocate, while I was taking a second opinion, advised me to file an application under section 256(1) of the Code of Criminal Procedure. 1. My advocate representing me in the court says that the 256(1) of Code of Criminal Procedure is not applicable to cases with more than 2-3 years of punishment ie. like section 420 (in my case). Is it true? 2. Does it apply to cases under section 420 ? 3. Do you advise me to file this application and whether it will be entertained? Request: Kindly treat this as confidential as I wish to remain anonymous
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Query Posted by jeetu  on 10/31/2009 7:28:00 PM  from Mumbai  , Maharashtra
Field: Criminal laws
Query : i was working with a company in thane for a one and a half month. At the time of interview they employed as a software developer. Now after one and a half month at the time of payment they made me to sign a contract for 9 months as a functional consultant ie i need to go to client side and collect the requirements. i didnt like the idea but i had to sign the contract which is on a plain paper. After getting the cheque i stopped goin to the company. i deposisted the cheque and the cheque was dishonoured reason is stop payment. Please suggest me as what i can do? i dont want to lose my hard earned money. Thanks very much Jeetu
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Query Posted by KHALID  on 10/28/2009 1:50:00 PM  from Agra  , Uttar Pradesh
Field: Criminal laws
Query : I need to know if a person is arrested under sec 471/420/472 and jumps bail will his relatives be in trouble when they are not involved in any thing nor has given any bail on his behalf. Bail has been given by his lawyer who stands as security
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Query Posted by Raman Gill(Advocate)  on 10/28/2009 9:22:00 AM  from Chandigarh  , Punjab
Field: Criminal laws
Query : I have a direct interview of ADA in Director Prosecution Punjab?.Can u tell me the expected questions which the commitee can ask me?How i can make prepration for interview?what should i read etc?from where?like type of Legal topics........
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Query Posted by Kishore  on 10/27/2009 6:22:00 PM  from Mumbai  , Maharashtra
Field: Criminal laws
Query : Kindly let us know the procedure for filing of private criminal complaint for defamatory matter published on one website. Thanks.
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Query Posted by rajan  on 10/27/2009 12:07:00 PM  from Muzaffarpur  , Bihar
Field: Criminal laws
Query : mera bhai apni girlfriend k saath kabhi bhag gaya hai ghar se .dono hi adult hai 18 se upar hai,hame nahi malum woh kaha hai abhi shaadi ki jai ya nahi.mera sawal hai ki abhi ladki k gharwle jab case dalenge to kya mujhe ya mere mummy papa ko poice costdy me rakh sakthi hai.agar haan to kitnedin aur hume kya karna cahiye
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Query Posted by ravi  on 10/27/2009 11:50:00 AM  from Patna  , Bihar
Field: Criminal laws
Query : my brother ran away with a girl, i dont know they are married or not,bcoz he ran away 10 days before,we have no idea about location,both r b oth r adult, i want to know that ki agar case hota hai jo ki kidnapping ka hoga to kya police mere maa papa ko aur papa ko coustdy me rakh sakti hai kya,jab ki unh ya kisi ghar wale ko nahi pata ki mera bhai aur woh ladki jisko woh bhaga kar le gaya wohkaha hai ,dono adult the shaadi ki yanahi,aur agar police maa paapa aur humecoustdy mele to hamare pas option kya hai,ye coustdy kitne din ki ho sakte hai
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Query Posted by vivek  on 10/23/2009 2:08:00 PM  from Hanumangarh  , Rajasthan
Field: Criminal laws
Query : I have a case against me in which IPC477(A) is levelled against me and I need opinion on how to curb that charge against me.
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Query Posted by Sujit Kumar Ojha  on 10/22/2009 8:20:00 PM  from Allahabad  , Uttar Pradesh
Field: Criminal laws
Query : p.c.s.j. exam slaibus and bail uplication and everything low realeted
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Query Posted by yash  on 10/19/2009 5:27:00 PM  from Delhi  , N.Delhi
Field: Criminal laws
Query : can a lawyer appear him self in a matter in which he a co-accused.
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Query Posted by ch v krishna  on 10/16/2009 12:29:00 PM  from Hyrderabad  , Andhra Pradesh
Field: Criminal laws
Query : a private criminal complaint is filed in court by sections ipc 419,420,467,468,471,34,120b,156(3)-crpc using hand writing expert opinion(un marked by the civil court and case(pro-note) is pending in civil court) filed by the plaintiff. Now he wants to withdraw the criminal case by memorandum of compromise . Is it possible to withdraw the case? please read the above sections and reply me the procedure to withdraw the criminal complaint by plaintiff. defendant
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Query Posted by dilip  on 10/9/2009 2:15:00 PM  from Arrah  , Bihar
Field: Criminal laws
Query : In a murder case if anticipatory bail rejected by High Court. the persion can go to supreme court or any sources for Anticipartory bail
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Query Posted by CH V KRISHNA  on 10/7/2009 12:12:00 PM  from Hyrderabad  , Andhra Pradesh
Field: Criminal laws
Query : in pro-note case, Pro-note amount Rs.40,000/- I have paid both interest and principal periodically and plaintiff given ack. receipt for final clearance instead of giving pro-note which was misplaced by him. But plaintiff filed a suit that he did not receive single rupee concern to both principal and interest. But I have evidences such as bank deposit slips, transfers. I have paid some cash personally(but I have no evidence for this cash). but final ack. receipt is the proof for the cash. plaintiff went for expert opinion and got in his favor states that his sign on ack. receipt is forged. under civil case is pending in hyderabad, he filed criminal case in his native place bhimavaram using expert openion(unmarked by civil court) for blackmailing big amounts from me. what to do now ? can I file a criminal case in hyderabad using bank deposit slips,transfers against him? if yes how should I proceed?
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Query Posted by Kiran  on 10/6/2009 7:28:00 PM  from Chennai  , Tamil Nadu
Field: Criminal laws
Query : Cheque issued at chennai for collection Party has put the case under section cr138 can it be transfer for Wrong juridiction
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Query Posted by R.K. Tandon Advocate  on 9/28/2009 10:31:00 AM  from New Delhi  , Delhi
Field: Criminal laws
Query : After rejection of the first bail Aplication by the appellate High Court, after conviction, IInd bail may be granted by the same court?
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Query Posted by manjot singh  on 9/21/2009 2:59:00 PM  from Amritsar  , Punjab
Field: Criminal laws
Query : what if three persons were in a car and the driver person fired upon a personand he got injured but there is no role of other accused sitting in the car they even dont say a single word according to the chargesheet so in this circumstances what will be the punishment for those two persons who were sitting in the car but have no role in the case.the case contains ipc 307,34,25,54,59. but there is no recovery .please tell me about the vedict that might take place
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Query Posted by k g nair  on 9/7/2009 3:16:00 PM  from Mumbai  , Maharashtra
Field: Criminal laws
Query : i am not able to repay jewellers 2nd installment through self chq,jeweller thinking for legal action. i am asking him for some time but they refused.
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Query Posted by suresh  on 9/7/2009 1:00:00 PM  from Ahmedabad  , Gujarat
Field: Criminal laws
Query : suresh r/o ahmedabad , Ahmedabad , Gujarat Client Query: if hon`ble high court reject for time barred case as per Cr.P.C.482 application then lower court has power for time barred case for new ground. Expert Name: Rakesh Kapoor Advocate Expert Opinion: Dear Suresh, the grounds which are not taken before hon.ble High court under petition 482 Crpc, and if the case is in trail court at the stage of framing of charges, the court may consider the new grounds which makes out the case of discharge. Thankes for reply. after charge freme also Hon`ble Court has power to discharge.Please give any Judgments/order No.if posible.
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Query Posted by Daxesh  on 9/6/2009 3:57:00 PM  from Ahmedabad  , Gujarat
Field: Criminal laws
Query : Hello, This is the matter of NI Act 138. I am from Baroda, Gujarat. I had given a cheque of Rs. 30,000 in advanced to one of my client in Navsari, Gujart. We had made a special contract between us and we have clearly mentioned in this contact that the given cheque is PDC and will be submitted in the bank only if our work condition is full fill during the year and if our work condition is not full fill during the contract year this given cheque will be given back to us. Now as client did not full fill the condition mentioned in the contract we issued a notice by my lawyer to intimate him to not submit this cheque in his bank and to give that PDC cheque back as the condition is not full fill from your part. But client has ignored this notice and he submitted this cheque in his bank and after returning this cheque from my back account he issued a notice saying that I have borrowed cash of Rs. 30,000 and I have given this cheque against that cash and filled a case of 138 in the court of his city, Navasari. Actually this cheque was conditional. The contract which was made between us was notarized and the original copy is in the client’s custody and we have a copy of zerox of it. During the case procedure client denied this contract and said that this type of contract has never been made between us. Picture would have been cleared if he would have submitted this contract in the court. But my lawyer proved in the court that there is contract made between us and this was a conditional cheque and only can be submitted to the bank if condition is full fill by the client. On the based of our defense we won that case. After that client made an appeal in the High Court and I have been informed by the high court to appear in the court in person or by advocate to show the cause as to why it should not be allowed. My question is, How and what type of preparation I should made to submit cause if I do not hire an advocate? I would be thankful if you could guide me on this matter. Thanking You. Kind Regards. DAXESH
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Query Posted by mukul kumar  on 9/6/2009 11:55:00 AM  from New Delhi  , N.Delhi
Field: Criminal laws
Query : can court presume handwriting bypassing the provisions of sec 67 of indian evidence act
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Query Posted by Mahendra Kumar  on 9/5/2009 1:22:00 PM  from Mumbai  , Maharashtra
Field: Criminal laws
Query : Sir, Is it legai to request court to allow compainant to substitute the complainant? Facts: Criminal complaints are filed under S.85 of the ESI Act against the employers who breach the provisions of the Act after having sanction from the competent authority under the Act. The breach of the provisions is noted from the public records maintained at the level of office. ESIC is shown as the complainant but name of the inspector is also mentioned therein. Inspectors are public servant and they are transferred from one place to another and it requires posting of another inspector to represent the case before the court. The court insists for the presence of the inspector who signed the complaint filed before the Hon.Magistrate.
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Query Posted by sureshbhai  on 9/1/2009 5:21:00 PM  from Secundrabad  , Andaman and Nicobar Islands
Field: Criminal laws
Query : If Hon`ble High Court had rejected Cr.P.C.482 petition for time barred case then if any new ground [which not shown to high court]then lower court have power to discharge?inform order/judgments no.
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Query Posted by suresh  on 9/1/2009 1:38:00 PM  from Ahmedabad  , Gujarat
Field: Criminal laws
Query : if hon`ble high court reject for time barred case as per Cr.P.C.482 application then lower court has power for time barred case for new ground.
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Query Posted by sarfraz  on 8/23/2009 4:03:00 PM  from Sholapur  , Maharashtra
Field: Criminal laws
Query : when the court may grant anticipatory bail in Sec 52 of Maharashtra Regional Town Plainig Act and Sec 420 and 467 of I.P.C.
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Query Posted by Aditya Puri  on 8/19/2009 12:37:00 PM  from Delhi  , N.Delhi
Field: Criminal laws
Query : Is any one get anticipatory bail, in fraud case (Fraud in Income Tax Challans figure is 100 and make it 10000 fraudently please let me know??
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Query Posted by minkugandhi  on 8/17/2009 5:57:00 PM  from Ahmedabad  , Gujarat
Field: Criminal laws
Query : i have been wrongly booked and chargesheeted u/s 383 by the police for a civil suit . i had gone to the high court, who has given me a interim relief. before the fir was filed i had given to police in writing about the threat of filing wrong complain received by me .however the police acted partially and filed wrong fir and charges in lower court. will i get final relief
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Query Posted by krishna srivastava  on 8/9/2009 12:58:00 PM  from Kakinanda  , Andhra Pradesh
Field: Criminal laws
Query : I am convicted by the session court and presently an appeal in High Court,Can I got permit to foreign for livlihood for during the pendency of appeal by the High Court
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Query Posted by krishna bhardwaj  on 8/5/2009 2:50:00 PM  from Jamshedpur  , Jharkhand
Field: Criminal laws
Query : my husband had lodged a matrimonial suit against me and i also filed a maintenance case against him. my husband has produced the witness in matrimonial suit also the cross examination have been done. but when my turn came in misc. case for producing the witness and cross examining his witnesses then he claims that he has become lunatic. he also produced documents of ranchi CIP(Central institute of Psychiatry. now what should i do?
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Query Posted by v.n.menon  on 8/1/2009 6:53:00 PM  from Cochin  , Kerala
Field: Criminal laws
Query : the motive alleged by prosecution is improbable consudering the facts in the instant case what is the legal implication/? any citation to support your opinion/?
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Query Posted by prabhat kumar  on 7/31/2009 12:40:00 AM  from Delhi  , Delhi
Field: Criminal laws
Query : Sir/madam I just want to know that in prevention of corruption act 1988 sec 13(2) and sec 13(1)(e) if the accused gets salary as his income and is declared in the income tax return. The accused also has agricultural income from undivided paternal property, which is controlled and managed by head of the family and accused gets his share in form of goods, agricultural tax matter is looked by the head of the family. So accused not declared this income in his income tax return. Vigilance dep. admits this fact that accused has agricultural income but says that “the accused does not pay tax for the agricultural income so such income should not be included in his asserts”. Query: 1) Does prevention of corruption act 1988 will not take into account such income? 2) If the matter is related to tax, how it can be taken in corruption act. 3) If the accused assert is more then his income just because of not taking his agricultural income into account which is admitted by the vigilance dep., is the case filed by state maintainable under prevention of corruption act 1988. Kindly please give reply along with case reference, for this I will remain great full to you.
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Query Posted by raj  on 7/31/2009 12:38:00 AM  from Delhi  , Delhi
Field: Criminal laws
Query : if a person is not paying his tax properly due to which his known source of income is less then his asserts, can this matter be booked in law under prevention of corruption act 1988
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Query Posted by NIRAV.V.MISTRY  on 7/29/2009 12:05:00 PM  from Baroda  , Gujarat
Field: Criminal laws
Query : one friend dead in accident in water & i had escape from that place i had tried 2 save him but not succeed now that friend claomong on me what should i do
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Query Posted by priyansh  on 7/22/2009 2:53:00 PM  from Lucknow  , Uttar Pradesh
Field: Criminal laws
Query : if a person file a case u/s 156/3 and cancelled by lower and highcourt and than he again file a complain case u/s 200 than how he can checked.
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Query Posted by MANPRIT SINGH  on 7/13/2009 5:33:00 PM  from Faizabad  , Uttar Pradesh
Field: Criminal laws
Query : Action to be taken against wrong allegation of 307,504, as My brother was going to receive our mother, inbetween he stopped @ dhaba to have food, where some people came overthere and started beating, and snached their chain mobile, money etc,after beating them badly they logged a wrong case against my brother as they had strong connection with Police team. Kindly suggest.
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Query Posted by manuel fernandes  on 7/5/2009 4:20:00 PM  from Goa  , Andaman and Nicobar Islands
Field: Criminal laws
Query : Respected Sir,my uncle was accused for section 304 it was causing griveous injury the victim was his wives aunty.was released on bail had an opportunity to migrate to france hia wife and son are now living with him in france,every time his case comes up they come with a summons at his residence both partys dont attend court. Question is Sir,his wife and son will be visiting goa shortly can the police arrest his wife or stop them from going out of goa coz her husband is absconding.please can you advice on this matter. Thanking you.Manuel Fernandes
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Query Posted by Ms.Alpna Talwar Advocate  on 6/21/2009 2:47:00 PM  from Delhi  , Delhi
Field: Criminal laws
Query : What is the scope for quashing the first information report/proceedings u/s 482 Cr.P.C.,as far as powers of High Courts are concerned?
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Query Posted by abdul kalam  on 5/26/2009 3:44:00 PM  from Darjeeling  , West Bengal
Field: Criminal laws
Query : I had filed a FIR in the month of may 2008 for physical assault and attempt to murder in the police station, but the police station instead filed a case of 107 against the assailaint. I later filed a crpc in the district court and the court has since then sent 3 reminders to the police station for investigation but the police department has not acted so far. Kindly advice me on the options that are open to me now.
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Query Posted by Vishal Jaiswal  on 4/2/2007 12:00:00 AM  from Delhi  , Delhi
Field: Criminal laws
Query : Can Magistrate pass order for further investigation on the final report?.
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Query Posted by Digvijay Singh Rana  on  from Saharanpur  , Uttar Pradesh
Field: Criminal laws
Query : what are interlocutary orders ?
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Query Posted by R.K.Aggarwal Advocate  on  from Allahabad  , Uttar Pradesh
Field: Criminal laws
Query : What is difference between section 34 and 149 I.P.C.
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Query Posted by R.Pawar Advocate  on  from Haridwar  , Uttarakhand
Field: Criminal laws
Query : wheather the fast track courts conducting murder trials can be termed as session judge competant to conduct murder trials under provisions of criminal procedure code,1973?
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Query Posted by ashok kumar  on  from Ambala  , Haryana
Field: Criminal laws
Query : what is cross examination?
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Query Posted by V.Saini Advocate  on  from N.Ghaziabad  , Uttar Pradesh
Field: Criminal laws
Query : Principle of vicarious liability u/s 34 IPC -irrespective of the part played by any one ,all are liable for punishment. But for bail matters one be refused for liberty on the same principle ?
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Query Posted by Sunny  on  from Amritsar  , Punjab
Field: Criminal laws
Query : Can a leading question be asked in cross examination
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Query Posted by shabbir husain  on  from Bhopal  , Madhya Pradesh
Field: Criminal laws
Query : Sir, I m a LL.b student, recently I passed llb exam, how to prepare for civil judge examination.
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Query Posted by P.S.Gill Advocate  on  from Meerut  , Uttar Pradesh
Field: Criminal laws
Query : Wheather criminal revision lies against summoning order passed by magistrate?
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