salilkumarp
28 September 2008 at 12:43
SIRS,
WII YOU PLEASE EXPLAIN { IN BRIEF} SEC 42 AND SEC 50 OF NDPS.
WHETHER IT IS APPLICABLE TO CASUAL SEARCH( NO PRIOR INFORMATION)? IS THERE ANY
DIFFERANCE OF APPLICABILITY OF THESE SEC.S IN CASE OF SEIZURE FROM BODY OF A PERSON AND SEIZURE FROM SUIT CASE/CARRY-BAG WHICH THE ACCUSED WAS HOLDING.?
WHETHER NON-COMPLIANCE OF THESE SEC.S WILL VITIATE THE ENTIRE TRAIL / IS ONLY A CURABLE IRREGULARITY ?
PLS GIVE RECENT SUPREME COURT DECISIONS
Dilip srivastav
28 September 2008 at 12:38
IS cri revision (sec.397crpc) not lie against summoning order in complaint case?
salilkumarp
28 September 2008 at 12:30
sirs,
as everybody knows, anticipatory bail can be moved only in cases where the offences are non-bailable and there is apprehension of arrest.
here, in a 138 ni act case,accused failed to appear before the court on receipt of summons ,long back in 2006.now warrant is pending against the accused and 82 83 crpc steps are already taken.now the accused wants to surrender before the court.but,on , that when an accused is surrendeing in a LPC case ,even if it be in minor offence like 138 case, there is every chance o f court remanding him to judicial custody at least for one day.
to avoid this, accused wishes to file an anticipatory bail application in district court.
here my doubt is:
whether an accused can file an anticipatory bail application in a 138 ni case (bailable offence)in which non-bailable warrant is pendiding and accused is apprehending arrest ?
salilkumarp
28 September 2008 at 12:10
sirs,
my client has taken a panchayat buildig on rent basis for running a tea shop.he was paying rents regularly. but since it was on loss, has no option but to close the shop.
so he closed the shop and went away to his native place, which is far awy, in another district.
now the panchayat secretary has initiated both civil and criminal proceedings against my client who has done nothing wrong except due to ignorance,he has not completed the procedure of closing tenancy with the panchayat.
now arrears of rent are accumulating month by month,even when he is not the tenant actually.( not in legal sense).
now even if i do some thing such as sending lawyer notice etc. eventhen i cannot do anything for the past period for which also he was not the tenant actually( but legally can be intrepreted to be )
what can i advise my client to do
salilkumarp
28 September 2008 at 11:50
in 392 ipc case , the allegation is that 2 accused persons came in a bike and snatched the gold chain which the complainant was wearing.
i am appearing for both the accused
now i want to release vehicleby filing the 451 petition.
i have the valid documents to show that the said vehicle belongs to accused.
my doubt is that if i file 451 petition at this juncture, whether it will result in drawing a strong inferance that accused themself have committed the offence.
so,is it advisable to file 452 petition, after the conclusion of the trail.
pla advise me
Apurva Kumar
25 September 2008 at 23:33
if ny Quashing is allowed against cognizance by the high court u/s 482 cr.pc what is the remedy to the opposite party against the order of the H.C?
Legal Fighter
25 September 2008 at 11:59
Can anyone please tell me if perjury application is maintainable after conclusion of the case. Actually what happened, we were filing perjury application on our court date but the judge told us to file afterwards and in the meantime, final order for the case is pronounced and after 4-5 days of that order, we have filed that application. Now the judge is saying that after conclusion of the main case, it is not maintainable. Can you please provide me some citation for the same which says that if it is maintainable.
Urjit Shukla
24 September 2008 at 23:18
Dear experts,
What should I do if the bail under sec. 437(6) is rejected by jmfc court? should I file Revision or bail application under sec.439. plz reply soon
DINESH SINGH
24 September 2008 at 15:09
Dear sir,
My sis has got married in 2002,with a person who was in the profesion of civil contractor,
there marriage was registered marriage,after 2004 . They had bought one house which they have bought on the name of my sis. After some days we came to know that her husband is habitual drunker and having all other bad habits.
The situation of there profession become worst,they left the civil contract,joind people like playing gambling,drinking and all bad habits..After a period of 4/5 months there was daily disputes/quarrel between husband and wife,because of money and his habit of drinking.matter gose to police when his position become week they tried to get that house by every week coming to us for compromise and they saw when it was not possible her husband started hitting her everyday ,threatening us every day for that house,through other persons,where we were not concern with that house. . We have lodged so many police complaint against him for violence and asking her to left the home,but it is of no use
Inlaws of sister filed case in civil court to get/claim that house ,there relation gets spoiled and situation become worst day by day.
Meanwhile the case of civil court was in our favour,because he has been asked so many question during cross and argument he replid and agree that I have bitten my wife,used abusive language to her,I am habitual drinkerand threaten her parents,brothers.They have brought stay on the sell of house which is in the name of my sister.
Now they are staying separate since last 2 years,because of day to day quarrel and his violence,and threating her with dire consequence.
One day we heard his husband commited sucide by consuming poision.Inlaws filed complaint against my sis and parents that they have police lodge complaint against sister and other family member that they have threaten him for the house own by sister and lodged complaint under s/c.306 of IPC
Please suggest what to do,
We have taken bail and the case is in session court.can we make an application for dismiss the case because it is false case.
Can you please give any case laws on IPC-306 on the ----
Waiting for suggessation
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
FAKE SURETY IN COURT
SIRS,
TWO PERSONS STOOD AS SURETY FOR AN ACCSUED, PRODUCING THEIR LAND TAXPAID RECEIPT , ALLEGED TO HAVE BEEN ISSUED BY CONCERNED VILLAGE OFFICER.
BUT ON VERIFICATION, MAGISTRATE CAME TO KNOW THAT SURETIES ARE FAKE....THEY HAVE NO LANDED PROPERTIES....TAX PAID RECEIPT
IS A FORGED DOCUMENT.SO, MAGISTRATE TOOK CAse u/s 463 471 475 ipc by handing over acomplaint to police u/s 190 crpc.
now the same court is trying the matter and magistrate himself was examined as pw1
......fortunately he was transfered by that time ! is it an illegality ?
what is 340 crpc and 195 crpc ?
non--transfering of case to another court will vitiate the trail?
any citations ?