SHEKHAR MISHRA
29 September 2008 at 16:50
A is charged with travelling on a railway without ticket.He denies this, on whom does the burden lies?
SHEKHAR MISHRA
29 September 2008 at 16:16
At the trial, the accused pleads guilty to the charge. The magistrate does not record the statement of the accused under sec.313 of crpc and convicts him.Is it a valid order?
Rekha.....
28 September 2008 at 18:35
Hello! My Gud friends
Hope u all r in a best of health n sprit
Again I need Help from U.
I need Authorities based on sec.12 of Juvenile Justice Act arrested under the charge of sec. 376 of IPC and applied for Bail. I am in the side of accused. Plz supply me soft copy of it. If it is possible send me immediately.
Thax
salilkumarp
28 September 2008 at 12:58
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 ?
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
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Does the High Court has powers to transfer FIR from one state to another?
Does the High Court has powers to transfer FIR from one state to another?