shyam lal
08 September 2024 at 20:10
Charges are yet to be framed in the Posco case accused is in Judicial custody for the last one year in this situation can the accused apply for bail under the present new Law.
Ashok Kumar
08 September 2024 at 12:34
Respected Law Professionals,
I would like to know whether the personal appearance of the Complainant is required in a Complaint filed u/s 200 CrPC before a Ld. Judicial Magistrate? Kindly specify whether the appearance of the complainant would be required in the pre-trial stage, trial stage, or any specific points in time in either. I have heard conflicting advice from several advocates. Some who say that the personal appearance required for each and every hearing (though exemption applications can be submitted u/s 205 CrPC). Whereas others have informed me that personal appearance is only required for the personal statement and cross-examination (which is to take place twice i.e. at both the pre-trial and trial stages).
I would appreciate a definitive response so that I can understand whether it makes sense to file the Complaint whose jurisdiction is in another state. It seems that it would be a great hindrance to the service of justice if the personal appearance were to be required for each any every hearing - as the Complainant would have to strongly reconsider whether to even file the Complaint due to the severe obstacle/expense of repeated personal appearances.
Note that I have already exhausted the options of filing of Complaint before the police who did not properly investigate the matter and also the filing of an application u/s 156(3) CrPC, which directed the police to reinvestigate the matter, but the outcome was the same.
Thank you in advance for your time and response.
GIRISH AGRAWAL
06 September 2024 at 16:33
Breif of case….
1. May 2009:- In a 14 year old case, a criminal cheated 24 people and absconded.
2. in July 2009-Out of the 24 people, 8 people filed individual complaints filed to police.
3. In July 2009, a crime was registered in the name of 1 victim out of the 8 complainants and the names of the remaining 7 people were added as witness.
4. After this, from Sep 2016 All the 24 people together formed a victim front and kept filing joint complaints of crime in many offices.
5. In the year 2016, the police presented the absconding charge sheet in the court.
6. The criminal was arrested in the year 2017.
7. Currently, start prosecution evidence in case, but only 8 witnesses are mentioned in the witness list as per charge sheet and remaining 16 victims are not recorded in the list.
Query:
1. If the names of the 16 victims are not recorded in the police chargesheet then how will they record their statements in the court under section 164 crpc.
2. If there is any other remedies please tell me..
Thanks
Anonymous
05 September 2024 at 18:26
My maternal uncle Ravi Ganguly, approx. 45-year-old man, has owned a grocery store in our locality for over 20 years. Recently, a new shop opened nearby, , which caused competition between the two. Over time, their rivalry grew, leading to arguments and tensions which was many a times witnessed by the customers present there . Both of them accused each other of trying to steal customers and spread bad rumors about their businesses. One evening, after a heated argument over a shared advertisement, Ravi hit the other owner in anger. He fell and hit his head on a sharp object. He was taken to the hospital but died the next day. Ravi claims it was an accident and that the owner had provoked him by insulting him during the fight. However, the police have charged Ravi with murder because witnesses said Ravi acted aggressively. Now this could result in the death penalty or life imprisonment. The trial began under the old law, but before a verdict was given, the new laws were introduced.
I am want to know that can his lawyer argue that his case should be reexamined under the new law because my uncle acted in selfdefense and has no criminal history. Can we expect a lighter sentence under BNS. The prosecution, however, insists that Ramesh’s actions fall under the old law and should be punished accordingly.
Anonymous
05 September 2024 at 18:03
My wife filed a fake dowry complaint at the Women Cell in UP. During my first appearance on the third hearing, I asked her parents why they made false allegations. They replied, "How else would we be heard in court without making these claims?" They then requested the IO at the Women Cell to file an FIR. The next hearing is next week. Can an FIR and my arrest happen on the same day?
Please note, I have already emailed the SP and Women Cell, stating that all allegations are false and that I was the one who first filed a police complaint when her family came to my home and acted violently later on they made complaint 400 kms away. This is clearly a counterblast.
at your mercy
02 September 2024 at 19:07
under what case category this protest petition to be filed when we file it on line? confusion between criminal op or miscellaneous?
Anonymous
01 September 2024 at 13:33
1. During the cross examination, Hon Judge has asked the confession statement was received from me R Ramesh Kumar, the Sub Inspector told that he did not receive the confession statement from me.
Sub Inspector filed a false case under the women Harassment case wantonly.
Hon Judge has asked the typist to record the statement given by the sub inspector.
2. Before filing an FIR, Hon Judge has asked the Sub Inspector the CSR provided.
The Sub Inspector replied he did not Register.CSR. straightway FIR filed against me. SI given the statement before the Judge.
3. Eyewitness has shown my friend who is in advocate as R Ramesh Kumar.
Please give me the suggestions to tackle the Policemen
Anonymous
30 August 2024 at 16:53
Hi. I am pankaj, 44 years old. Been married for 14 years and 1 daughter of 13 years.
.y query is my wife is asking for divorce as marriage seems irrevocable as she is psychiatric patient suffering from depression. She is asking me.to get her rented accommodation, pay for child education on actual, pay for her house ration, medicine, lumsum 40k.
I earn 2.lac per month
Please suggest how much I am supposed to pay her and what documentation/ legal formalities are involved
Anonymous
30 August 2024 at 10:52
It is compulsory to sign a bond paper. And also, can a police force us to sign a bond paper ?
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Nach dishonour defense
I have an NACH dishonour case filed against me for the dishonor case in Dec 2022.
The goods in question were purchased in Sept 2021.
Proceedings have been going on from past 1 year (2023-2024) wherein we have been through mediation but no solution was found.
In this regard, the complainant has given an offer of 75% of amount in question to settle the case. However, I believe we might have some credible argument which may be presented that might cause the case to be decided in my favour.
If possible, need some guidance from advocate who can guide if those argument are infact credible or not.
Argument:
1. NACH procedural guidelines
Complainant has informed that the electronic funds were initiated in accordance with the relevant procedural guidelines issued by the system provider.
In this regard, as per National Automated Clearing House (NACH) procedural guidelines V6:
a. As on page 45, corporates “Ensure that the customer is made aware of the purpose for which they are executing the mandate” - NOT DONE
b. As on page 45, corporates “If the mandate is taken in advance, the customer should be notified before deposition to the bank. If the customer is not aware then he may deny signing the mandate in response to confirmation calls of his / her bank” – Customer not notified by corporate.
c. As on page 45, Sponsor Bank “Banks should have internal controls in place to ensure that no duplicate mandates are processed in MMS” - The mandates for the invoices in question were processed in Sept 2021, then somehow mandates were again processed in Dec 2022?
2. As per agreement between parties for Dispute resolution
a. As per one clause, Distributor to handover signed cheques and authorize company to complete such cheques with amount as per the payment advice issued to distributor giving the details of the purchase price…. However, in the present case, NACH/ACH/ECS are in question wherein company has failed to provide the payment advice to the distributor. The last payment advice was in September 2021, whereas NACH was mandated on Dec 2022, a period of 14-15 months. As per agreement, maximum credit period was 10 days not 14-15 months. Therefore these mandates are illegal.
b. As per one clause, “any dispute or difference which arise by and between parties hereto relating to or arising out of this Agreement, unless decided by mutual agreement of the parties, be referred to Arbitrators (one each to be appointed by the parties to the dispute) or the third Arbitrator in accordance with the provisions of the Arbitration and Conciliation Act, 1996, for the time being in force or any amendment thereto. The Award passed by the Arbitrators shall be final arid binding on all the Parties to the dispute”. Here no arbitration was done, distributor was not given chance to make the claims.