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G. ARAVINTHAN   11 September 2008 at 20:32

Revision and Appeals

How can we differentiate the appeal against acquittal and revision against acquittal?

N.K.Assumi   11 September 2008 at 11:34

private defence:

Can there be a plea of private defense in the instant case? A and B were the only survivors of a ship hanging on a wooden plank.Suddenly they realized that the wooden plank could hold only one person.A gave a hard blow on B and as a result B was drowned in the ocean and A survive. A was charge of murder of B. Can A plea a case of private defense?

N.K.Assumi   10 September 2008 at 11:50

Judge witness a crime:

If a Judge saw A committing a crime but in the trial before him the prosecution proved the guilt of the accused against B, should the judge convict B, despite the fact that he knew that A commit the crime?

N.K.Assumi   10 September 2008 at 06:35

Conviction in no offence case.

Is it competent for the magistrate to convict a person for an act which has not been defined as an offence under any law?

KANDE VENKATESH GUPTA   09 September 2008 at 21:37

Statutory Notice without mentioning the cheque number

Dear Members,
Private complaint is lodged against my client that, X & Y approached the complaint for financial assistance and the complainant advanced Rs.1,00,000/- and X alone executed a promissory note agreeing to repay the same, and that Y issued a cheque in discharge of the above promissory note loan. In the statutory notice given to X & Y as well as in the complaint, cheque number is wrongly mentioned. The complainant filed civil suit only against X, which was also dismissed. The trial court acquitted my client and now the matter is coming up for hearing in the High Court. Please help me, by providing Judgments in the above facts for the following questions:

(i) What is the effect of the dismissal of the civil suit filed against X on the complaint u/s 138 of the N.I.Act?

(ii) What is the effect of wrong mentioning of the cheque number in the statutory notice as well as in the complaint?

(iii) Whether issuance of cheque on behalf of the others without any liability whatsoever and without specific undertaking,and bouncing the same, will attract the penal consequences u/s 138 of the N.I.Act.

sanjay kumar patibandla   09 September 2008 at 21:12

How to file documents in criminal revision petition.

I filed a revision petition before the sessions judge by challenging the orders in Maintenance case by the judicial first class magistrate. But while conducting the trail in lower court my learned friend advocate failed to file one important document on behalf of the revision petitioner..

Shall I file the that important document in revision petition. And know me the procedure.

TS Bhatia   09 September 2008 at 12:59

criminal lawyers

Who are the most renowmed criminal lawyers in india ?

Pawan Mittal   09 September 2008 at 11:08

u/s 138 N.I.Act.

1. I had files a case u/s 138 N.I.Act.
2. The accused has not taken the summons.
3. The MM has issued BW.
4. The accused appeared before the MM.
5. Bail was granted and accused asked to provide the copy of complaint. MM refused to give it. he stated that u have alredy got it and I am not going to give it again.
6. He has moved an application to ADJ.
7. ADJ granted the stay but we have not received any suummons for it.
8. The MM, sine die the case
What I should do it ?

N.K.Assumi   09 September 2008 at 10:50

Killing a thief:

If a thief broke into a house is the house owner of the house entitle to kill the thief by way of private defense:

sagar madan   08 September 2008 at 18:00

cheque bouncing

My client had a motor accident last month i.e 18/8/08. The accused to settle the matter and to avoid litigation and police complaint issued a cheque to my client. Now my client has deposited the cheque and it has bounced.
My query is can the payment by accused to my client be termed as debt?
Can my client still make police complaint of the said accident?