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Ranganath   11 July 2009 at 22:58

Quash after chargesheet

Ld COunsels,

Once the accused and served summons and on first appearance charge sheet is given, is there any bar in applying for quashing of chargesheet.

Pls clarify.

Thanks

PURSHOTAM BEHL   11 July 2009 at 19:57

PIL AGAINST THE TRANSPORT DEPT.

DEAR ALL,
I WANT TO FILE AN PIL AGAINST THE COMMESSIONER TRANSPORT ,DELHI , FOR NOT ENFORCING ANY LAW AGAINST THE BAN ON THE ENTRY OF OVERLOADED TRUCKS , IN DELHI, DUE TO WHICH IT IS MORE POLLUTION, LIFE RISK AND DANGAROUS DRIVING , BY THE TRUCKS.

Srikiran Raghavan   11 July 2009 at 19:53

Summons Format

Is it permissible for a summons notice issued by the Court to be partially typewritten or are the entire contents expected to be handwritten? Please provide any references to case laws if partially typewritten summons are acceptable.

Ranganath   11 July 2009 at 15:35

Evidentiary value of police statement

Ld counsels,

What is the evidentiary value of a police statement which is signed. Can that be used if it has contradictions with what is mentioned in the affidavit filed in another court.

Please clarify.

Also clarify section 162 of Cr PC. 162. Statements to police not to be signed: Use of statements in evidence.


pranay   11 July 2009 at 12:13

how can i get out of sec 279 and 338

Sir/ Madam

i am a student and have just cleared my CA entance exams. long back before six or seven months i met with an
accidents while going for my classes a man dashed me from behind. i stoped to look after him. but it turned out to be my mistake to stop and help that person because he was a lawyer, he asked me to take him to hospital and pay for his damages or he will file a case against me
i did that but that the greedy man asked my mother for a ransome of thousand(1000) Rs. I live alone with my Mom. the man started blackmailing my mom and talked very roughly to her. being a senior CA she thought she would be able handle him So she denied to Pay him any thing. On this the went and lodged a complaint against me and has charged me with Sec 279 and sec 338. what should i do?? now i have moved from my place to pune for higher studies. so i want to finish he case as soon as it is possible. i am ready to pay any fines or money to that lawyer

One more thing just because of some such lawyers the whole profession is being defamed
a
Please help me out in any way that you can

Chetan   10 July 2009 at 20:43

138 Negotiable Instrument Act

A person handover me the notice send by the another Advocate u/s 138. after perusing it is found that the delay of about 80 days

Now, 1) can I file a Civiil Suit for Recovey of Money

2) Can I file a summary suit

3) can a I made application for condonatio of delay, if yes pls provide the citation

Regards

Ranganath   10 July 2009 at 19:53

FIR registration

Ld Counsels,

A complaint alleging dowry demand was first submitted to police and no FIR was registered. But statement from the accused was recorded and the accused reported at teh police station for 21 days as per anticipatory bail order.

The status of this complaint is kept as pending enquiry.

After one and half months the complainant goes back to police and says that unknown persons are threatening her to withdraw the first complaint. Based on this a FIR is registered.

In this case can the first and second complaint be treated as 2 different cases. Is the non registration of FIR based on first complaint valid and correct when there are allegations of dowry demand.

Please clarify

Shonee Kapoor   10 July 2009 at 18:20

Audio Recording and Affidavit

Dear All,

I am implicated in a false case of dowry harassment.

However, I have some audio recordings done on my mobile phone and few digital audio recording devices of the discussion between various family members of hers who now stand witness on her behalf. In these recordings they have clearly admitted that the case is false and was done with the motive to extort money and property from me.

I have created the transcript of these recordings and all these recordings are on original media only.

However, I have been told that there needs to be an application for admissibility of these recordings under Indian Evidence Act 65-A and 65-B with a sworn affidavit.

Can anyone help me by sharing a draft of any such application.

Thanking one and all for the help.

Regards,

Shonee Kapoor

Srikiran Raghavan   10 July 2009 at 07:01

Provision to Appeal Order of Issue Process

A criminal complaint was filed against several Accused in the Court of J.M.F.C. An order of issue process was passed by the Hon'ble Court.

What options are available to the Accused to appeal this order and what is the period of limitation, if any, to prefer such an Appeal?

Srikiran Raghavan   10 July 2009 at 06:55

Provision to change address of Accused on record

A criminal complaint had been filed against various Accused more than a year and a half back.

The Hon'ble Court passed the order to issue process only a week back.

It has come to our knowledge that one of the Accused has changed his / her address since the time the complaint was filed more than 1 1/2 years ago.

We filed a normal application to change address of this Accused during Summons as well as amend the contact address on record.

The Learned Judge has stated that in the application it is necessary to state under what provisions of CrPC or based on what citations such change of address and amendment of record is being asked.

Kindly provide some references in this regard.