vinod bansal
03 May 2009 at 21:19
R/All
I m representing accused in a case u/s 454/380.Court wrongly framed charged u/s 411 IPC by Typographical mistake). Court has recorded evidence of two witnesses after framing charge,now what will be the fate of this case,if court notice this mistake at any stage & suo moto correct (amend)the charge than the witnesses who has already examined will be summoned again or not.Plz help Thanks
PRAKASHCHANDRA MARU
03 May 2009 at 00:41
what is the difference between the plea and charge
AMAR RANU
02 May 2009 at 18:23
Dear all brothers,
In a pending criminal case of 406 of IPC before a metropolitan court of Mumbai,where no plea was recorded yet and hence,trial was not set in motion in real sense.
During its pendency,a simple application was made before the said court by the complainant i.e registered corporate body and consequent acquittal of accused took place by mutual trust.
Later on, an agent through whom the said criminal complaint was lodged by the said corporate body,filed an application on his own under section 340 of Cr.P.C.against the said corporate body present functionary and the said acquitted accused.
The said application was rightly dismissed by the said trial court but the Sessions Court has overturned the said dismissal order.
In the light of the above,now please let us know as to said section of 340 is applicable to the said application as the said application is not a "document produced or given in EVIDENCE "?
When even plea was not recorded and where was the question of evidence?
We are surprised at the perverse judgment of the Sessions Court,which had not mentioned a single word from the 67 paged written arguments involving historic citations of constitution benches of the apex court of the country of the said respondents.
Kindly throw some light on the aforesaid dismal scenario and any citation or authority,if available,in a similar situation will be highly appreciated.
thanks n regards,
Amar Ranu
PRAKASHCHANDRA MARU
01 May 2009 at 20:52
IN THE REVISIONAPPLICATION FOR THE RECOVERY OF THE MUDAMAL-HEROHONDA THE ORIGINAL BILL AND THE POLICY IS ATTATCHED BEFORE THE COURT. THE HEROHOND IS TAKEN ON LOAN BY THE APPLICANT .IN THE R.C.BOOK THE NAME OF THE APPLICANT IS THERE BUT IN ANOTHER PAGE IT IS WRITTEN THAT SUBJECT TO THE LEASE AGREEMENT AND THE INSTALLMENT OF THE HERO HONDA IS NOT PAID BY THE APPLICANT NOW WHAT I HAVE TO PRODUCE BEFORE THE COURT TO RECOVER THE HONDA
1] R.C. BOOK OR THE N.O.C.OF THE BANK PLS INFORME ME
THANKS IN ADVANCE
d.prabhakar rao
30 April 2009 at 22:39
sir
this happened in october2001.it is alleged that a person working in a nationalised bank was caught by cbi while accepting bribe and he was suspended. later on the case was submitted to cbi special court after enuiry made by cbi police. in the mean time the department called for enquiry. the person went to high court saying that in one case whcih is in the court, two enquiries should not be conducted. the high courtgave direction to cbi court to speed up framed the time. but, the department enquiry was not conducted. later,on, the ,person lost case in the trial court and convicted. after that,without conducting the departmental enquiry , the employer dismissed him from service as per banking regulation act . the accused went to the high court and got stay of the conviction. this happened in the yhear 2003. the employer did not call for department enuiry till then. is there any possibility to get relief or reengaged. plese help him
thank you sir
d.prabhakar rao
30 April 2009 at 20:13
let me know who is the best advocate in ap high court to argue for corruption case and also in supreme court
thank u
d.babu
30 April 2009 at 19:14
one person working in central govt. and lost case in thelower court.and sentenced he went to high court and got stayed the lower court decision. in the meanwhile, he was dismissed from service. nno departmetal enuiry is conducted.under banking regulation act 1949. shall he get employment till the decision of high court. shall he is eligible for going to supreme court after high court how shall he get employment in the mean time what is the proceedure to be followed. please help him
d.prabhakar rao
30 April 2009 at 18:58
one person working in central govt. and lost case in thelower court.and sentenced. he went to high court and got stayed the lower court decision. no departmental enquiry was conducted.in the meanwhile, he was dismissed from service. under banking regulation act 1949. shall he get employment till the decision of high court. shall he is eligible for going to supreme court after high court how shall he get employment in the mean time what is the proceedure to be followed. please help him
d.prabhakar rao
30 April 2009 at 18:55
one person working in central govt. and lost case in thelower court.under anticurrption act. he was sentenced and he went to high court and got stayed the lower court decision. in the meanwhile, he was dismissed from service. under banking regulation act 1949. shall he get employment till the decision of high court. shall he is eligible for going to supreme court after high court how shall he get employment in the mean time what is the proceedure to be followed. please help him
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Negotiable Instrument Act
One party had filed 10 cases u/s 138 of N. I. Act at Chhatisgarh for return of cheques against the directors and officers of a public limited company of Ahmedabad. Due to dim chances of revival, the co. was ordered to be wound up in yr.2003. Out of 10 cases, 9 cases were settled by making the payment of principal amount by the ex-directors and the party withdrew all 9 cases in yr.2004. The complainant intentionally did not accept the payment of the last 10th case and has not settled in last 5 years, in spite of the willingness to pay the last amount of principal amount.
Now in yr.2009,the ex-directors of company has got sanctioned by the high court of Gujarat, a scheme of revival and restructuring of the said co u/s 391-394 of the co.’s act. Under the scheme, all the creditors would be paid 25% of principal amount in two installments. The said terms of the scheme were approved by the creditors present in person or proxy (that creditor was not present in person or proxy) in their meeting unanimously with 100% voting in favour. The scheme also stipulates that all the cases against the co. and / or directors-officers of the co. would be withdrawn after getting the amount as per the scheme and if any amount paid after the cut-off date can be also deducted from the payable amount. The payments of those 9 cases were made after cut-off date.
In light of the above facts (1) can the co. appeal to the court at Chhatisgarh and to the complainant to accept the last amount of settlement and withdraw the last case also without demanding interest, penalty and punishment? (as the complainant intends to resort to arm twisting for more payment) (2) The directors can say to the court that as per the scheme enough was paid and can claim an excess amount paid to the said creditor, as the sanctioned scheme stipulates lesser payment?
Please reply and oblige.