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Milind Joshi   19 January 2010 at 17:45

Criminal Law

As per the amendment in Section 202 of CR.P.C. Following insertion is made" and shall when accused is residing at a place beyond the are in which magistrate exercises his jurisdiction". Now as per this amendment Whether it is incumbent upon magistrate to compulsorily postpone the issue process or if a material before him is like such in a case when offence committed can be seen prima facie and accused is beyond the jurisdiction. Whether Magistrate can pass an order of issue process when he has satisfied primarily when accused is beyond the jurisdiction instead of sending it for investigation or the word shall denotes that he must send it for investigation. What is scope of words in the section "Sufficient Grounds"? Are there any case laws after the amendment of 2005 which says magistrate can pass an order of issue process directly instead of postponement of issue process, when magistrate is satisfied prima facie. Please send me the Object of said amendment of 2005 also.

Sumir   16 January 2010 at 00:40

Corruption

well this is not exactly a query to be tabled at this platform, but then too...
I being a student of Grant Medical College, Sir JJ Group of Hospitals, Byculla, Mumbai-08, want to know all possible means by which the above body gets money(grants), and any substances/materials/items/things.
[don't say use RTI, since the body will not reveal all its sources, but answer the query from legal knowledge and experience- of from which all sources does a govt body (the above body is of maharashtra) that too a hospital and college get money(grants), and any substances/materials/items/things

Chetan   10 January 2010 at 19:21

Dowry Prohibition Act

Cany any member explain me the Section 4 of Dowry Prohibition Act,

What are the ingredients shall be proved by the prosecution

OR

What defence have to be taken


if any citation pls quote........

thanks

Arvind Singh Chauhan   25 October 2009 at 15:13

PLEA OF BARGAINING

Sir,
Whether magiatrate can refuse to accept an application under newly added chapter plea of bargaining under the disguise that court have no such notification. Whether it's application requires specific notification by concerned High court or state govt, despite being a central amendment act. Is there any such clause in this chapter.
The matter is from Uttaranchal. Please tell me,What way I should adopt.

Sujeer   29 July 2009 at 17:20

Right of accused to get copies of document

Sir
Whether an accused in prosecution u/s 138 of NI act entitled for copies of documents produced by complainants, as of right?
Sec 204 of Cr.P.C says summons shall accompany copy of complaint and silent about document.
Sec 207 deals cases on police report.
Sec 208 deals with sessions case.
Pls see 1985 Cr L J 761.
Is there any recent Supreme Court or Kerala ruling?

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.

Jainodin shaikh   05 February 2009 at 18:56

Cr.P.C. Sec.457

In a criminal matter u/s 379,380 stolen ornaments were recovered from the accused on the basis of disclosor made by him in investigation. He further disclosed to the police that he has stolen the ornaments from the house of the complainant.
The complainant made an application u/s 457 in the Court for returning of the ornaments.
But he has no documents (purchase receipts) to establishe his ownership and the ornaments are old more than 30 years,
How can the complaint prove his ownership in this situation?