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PRAKASHCHANDRA MARU   20 July 2009 at 22:43

M CASE

HELLO ALL LEARNED
MY CLIENT LODGED COMPLAIN OF SEC 500 OF IPC BYTHE WAY OF M.CASE NOW QUESTION IS THERE BEFORE THAT ANOTHER LAWYER NOW I HAVE TO REMAIN PRESENT ON BEHALF OF THE COMPLAINANT LADY SO I HAVE TO TAKE CHIEF OF EXAMINATION OF THE COMPLAIANT DUE TO PRIVATE COMPLAIN AM I RIGHT ?
THANKS IN ADVANCE

vinod bansal   20 July 2009 at 22:42

cheque presented after six month

R/Members
I presented a accout payee cheque for payment in my bank account within six month of date mentioned on the cheque but negligently my bank present the same for clearance in the bank of accused after passing six month period & bank of accused dishonour the cheque by mentioning two reasons, 1. Time barred 2. funds insufficient.now what remedy is available to me as i am not in fault,its fault of my bank.plz help..Thanx in advance

ankit gupta   20 July 2009 at 22:14

prison

dear reader,


i want to know that what is the procedure to view the tihar jail.i want to know that can any one visit it or there is some kind of special permission which is to be taken.

please tell me all relevant information in this context.


thanks

regards


ankit gupta
9891803682

Ranganath   20 July 2009 at 20:19

Mens rea in cheating cases

Ld counsels,

If the charge sheet doesnot reveal the intension to cheat, is the court correct in issuing process/summons under section 420/417 against accused.

Is mens rea (as popularly mentioned in amy judgements) a required ingredient for cheating cases.

Please clarify.

Thanks

Ranganath   20 July 2009 at 19:24

Quash or discharge

Ld Counsels,

Which is a better way to challenge a charge-sheet in a magistrate court. Should I try Quash or Discharge. The nature of accusations are not grave. Prima facie the case appears weak.

Also is it required for the accused to be present in court during the hearing
for discharge petition in a warrant triable case. The case status is summons have been issued for first appearance.

Kindly let me know if migistrate has powers to add more section even after
charge-sheet is filed.

Please clarify.
Thanks

ad. creaminall   20 July 2009 at 11:06

negotiable instrument act

on behalf of complainant >>> a complaint filed against a partnership firm and one of its partner who was the signatory of the cheque. after filing of the complaint and after the cross examination of complainant was complete the accused partner is expired. now i want to brought the other partner on the record to represent the firm. how can i do? and under what provision? pl. give me citation for the same if available.

Ganesh   20 July 2009 at 09:52

IPC 307

A person was arerested under S307 of IPC, presented in the lower court court granted judicial custody. Accused made an application for bail in sessions court. Sessions court made a bail order with a condition that the accused has to attend the police station every day. No specific order as to the attendence is upto filing of the charge sheet. Order executed by the lower court. Presently the chargesheet is filed in the lower court.

When Will the lowr court transfer the chargesheet to the sessions court?Is there any time limit?
Does the accused have to follow any particular procedure for transfering the chargesheet from the lower court to the Sessions court?

Rajesh   19 July 2009 at 18:20

Minor accident .. but FIR logged against me

Hi, few days back I was going on national highway within a city limit and it was raining heavily. Suddenly a car in front of me stopped, I applied my break but as we were going 40-50 km/hr speed in the fast lane but I banged on the front car. Fortunately nobody injured and we came out of car we stayed there for sometime and then taken each other’s no. and decided to meet later as it was office time, we decide to meet and decide cource of action. But the guy called me next day and said it will cost him 15K-20K to repair his car and I need to pay it. I said I am not responsible for accident and if you still want you can claim from my third party insurance as he was not having his comprehensive policy.
So for that there was requirement of filing FIR, he called after 2 days and said he logged FIR against me. Now what should I do ? Should I go to police station ? should I ask him where he logged FIR and go to that police station? should I wait for the summons ? Please advice.

sudhir Medhekar   19 July 2009 at 14:19

defamation

Hi
I've been defamed by the managing committe of the co-op housing societies by sending a letters to the 2 BMC Offices and also with a submission of affidavit-in-reply for the criminal case in High Court
The are series of acts and evidences over a period of 1 yr.
I am a Group A State Govt.Gazzetted officer ,working as professor in prestigiuos Medical College of State Govt.
1) Whether I can file both criminal and civil case ?
2) whether Police complaint necessory before filing a case in the courts ?
3) Due to my present occupation as Sr. Gazzetted officer, Is there any amendments and provision in IPC and CrPC ?
4)for the aforsaid reason ,Is the case triable by the Districs Session Courts or any fast track Special Courts instead of Judicial Metroploitan Magistrate - First Class ?
5)recent high Court and Supreme Court judgement about IPC 499 and 500

Kindly advice me

A Truthseeker   19 July 2009 at 10:52

criminals commit crimes out of fear of getting mad

A criminal commits crime under pent up emotions which if not vent out would drive him mad. at that juncture he is at a blind alley. he is to choose between of being a mad or a criminal. the later is preferable .