N.K.Assumi
08 March 2009 at 05:38
Dear Members,
Consider this.Bail can be moved even on holiday like sunday etc. For a Christian sunday is a very solemn and pious day. Now if an accused approach a magistrate for bail in his residence on sunday, can the Magistrate says that "Its Sunday and I dont work on Sunday" Come on monday. Is it proper?
mahesh verma
07 March 2009 at 20:01
i filed one case of negotableinstrucment
for recovery of amount due to dishonour of chque. the trial court issued summon to the accused and fixed a date for his statement. on the hearing date i could not attned the court as well as my lawyer could not attend the court. the trial court dismissd the case under section 256 of cr.p.c. I filed a case before session court for revision of the case but the session court also dismissed the case under section401 , 256 (1), 378 (3)( 5 )
401 (5)
please advise me now, what step could i take to prosecute the accused under negotiable instrument act 1881
mahesh verma
07 March 2009 at 19:59
i filed on case of negotableinstrucment
for recovery of amount due to dishonour of chque. the trial court issued summon to the accused and fixed a date for his statement. on the hearing date i could not attned the court as well as my lawyer could not attend the court. the trial court dismissd the case under section 256 of cr.p.c. I filed a case before session court for revision of the case but the session court also dismissed the case under section401 , 256 (1), 378 (30 ( 5 )
401 (5)
please advise me now, what step could i take to prosecute the accused under negotiable instrument act 1881
N.K.Assumi
07 March 2009 at 17:14
Does the doctrine of Resjudicata applies in Criminsl case?
WHATSAPP 91-8075113965
07 March 2009 at 12:08
dear sirs,
i would like to know some facts about examination of witnesses in the open court,with special emphasise on cross-examination .that is :
1.what actually is a "CONTRADICTION " AND what actually is an " OMISSION " in the deposition of a witness.?
2.if a witness deposes against / deviates from/ omits from his previous statement,how i should mark such portion ?3.should i put a question that "YOU HAVE NOT GIVEN SUCH A STATEMENT EARLIER TO POLICE U/S 161 CRPC ?
4. THEN , SHOULD I ASK THE SAME QUESTION TO THE INVESTIGATION OFFICER THAT WITNESS HAS NOT GIVEN SUCH A STATEMENT TO YOU DURING INVESTIGATION ?
5.AN INCIDENT WAS WITNESSED BY A SOLE INDIPENDANT WITNESS. COMPLAINANT AND OTHER WINESSES ADMITS THAT " HE " HAS SEEN THE INCIDENT.BUT, HE WAS NOT MADE AS A WITNESS IN THE PROSECUTION CASE.NOW, DURING TRIAL,I WANT TO ASK "WHY HE WAS NOT MADE AS A WITNESS".TO WHOOM ,I CAN PUT THIS QUESTION ? TO THE INVESTIGATION OFFICER OR TO THE CHARGE SUBMITTING OFFICER ? ie, WHO IS THE PERSON HAVING THE POWER TO ADD/ ARRAY/DELETE WITNESSES.....INVESTIGATION OFFICER OR CHARGE SUBMITTING OFFICER ?
PLEASE EXPLAIN IN DETAILS .
ALSO, SUGGEST ME, SOME RULINGS OF HIGH COURT AND APEX COURT.
WHICH PORTION OF EVIDENCE ACT SAYS ABOUT ALL THESE FACTS ?
6. MY LAST QUESTION IS THAT WHETHER A JUDGE/ MAGISTRATE CAN REFUSE TO NOTE DOWN THE QUESTION BY A COUNSEL AND ANSWER BY A WITNESS, ON THE GROUND THAT IT IS IRRELEVANT TO THE CASE ON HAND OR THE MAG /JUDGE HAS TO WRITE ALL QUESTION AND ANSWERS, AS MANDATORY ?
THANKS SIRS SALILKUMAR
ADVOCATE
THALASSERY-670101
09447536929
WHATSAPP 91-8075113965
07 March 2009 at 12:08
dear sirs,
i would like to know some facts about examination of witnesses in the open court,with special emphasise on cross-examination .that is :
1.what actually is a "CONTRADICTION " AND what actually is an " OMISSION " in the deposition of a witness.?
2.if a witness deposes against / deviates from/ omits from his previous statement,how i should mark such portion ?3.should i put a question that "YOU HAVE NOT GIVEN SUCH A STATEMENT EARLIER TO POLICE U/S 161 CRPC ?
4. THEN , SHOULD I ASK THE SAME QUESTION TO THE INVESTIGATION OFFICER THAT WITNESS HAS NOT GIVEN SUCH A STATEMENT TO YOU DURING INVESTIGATION ?
5.AN INCIDENT WAS WITNESSED BY A SOLE INDIPENDANT WITNESS. COMPLAINANT AND OTHER WINESSES ADMITS THAT " HE " HAS SEEN THE INCIDENT.BUT, HE WAS NOT MADE AS A WITNESS IN THE PROSECUTION CASE.NOW, DURING TRIAL,I WANT TO ASK "WHY HE WAS NOT MADE AS A WITNESS".TO WHOOM ,I CAN PUT THIS QUESTION ? TO THE INVESTIGATION OFFICER OR TO THE CHARGE SUBMITTING OFFICER ? ie, WHO IS THE PERSON HAVING THE POWER TO ADD/ ARRAY/DELETE WITNESSES.....INVESTIGATION OFFICER OR CHARGE SUBMITTING OFFICER ?
PLEASE EXPLAIN IN DETAILS .
ALSO, SUGGEST ME, SOME RULINGS OF HIGH COURT AND APEX COURT.
WHICH PORTION OF EVIDENCE ACT SAYS ABOUT ALL THESE FACTS ?
6. MY LAST QUESTION IS THAT WHETHER A JUDGE/ MAGISTRATE CAN REFUSE TO NOTE DOWN THE QUESTION BY A COUNSEL AND ANSWER BY A WITNESS, ON THE GROUND THAT IT IS IRRELEVANT TO THE CASE ON HAND OR THE MAG /JUDGE HAS TO WRITE ALL QUESTION AND ANSWERS, AS MANDATORY ?
THANKS SIRS SALILKUMAR
ADVOCATE
THALASSERY-670101
09447536929
WHATSAPP 91-8075113965
07 March 2009 at 12:07
dear sirs,
i would like to know some facts about examination of witnesses in the open court,with special emphasise on cross-examination .that is :
1.what actually is a "CONTRADICTION " AND what actually is an " OMISSION " in the deposition of a witness.?
2.if a witness deposes against / deviates from/ omits from his previous statement,how i should mark such portion ?3.should i put a question that "YOU HAVE NOT GIVEN SUCH A STATEMENT EARLIER TO POLICE U/S 161 CRPC ?
4. THEN , SHOULD I ASK THE SAME QUESTION TO THE INVESTIGATION OFFICER THAT WITNESS HAS NOT GIVEN SUCH A STATEMENT TO YOU DURING INVESTIGATION ?
5.AN INCIDENT WAS WITNESSED BY A SOLE INDIPENDANT WITNESS. COMPLAINANT AND OTHER WINESSES ADMITS THAT " HE " HAS SEEN THE INCIDENT.BUT, HE WAS NOT MADE AS A WITNESS IN THE PROSECUTION CASE.NOW, DURING TRIAL,I WANT TO ASK "WHY HE WAS NOT MADE AS A WITNESS".TO WHOOM ,I CAN PUT THIS QUESTION ? TO THE INVESTIGATION OFFICER OR TO THE CHARGE SUBMITTING OFFICER ? ie, WHO IS THE PERSON HAVING THE POWER TO ADD/ ARRAY/DELETE WITNESSES.....INVESTIGATION OFFICER OR CHARGE SUBMITTING OFFICER ?
PLEASE EXPLAIN IN DETAILS .
ALSO, SUGGEST ME, SOME RULINGS OF HIGH COURT AND APEX COURT.
WHICH PORTION OF EVIDENCE ACT SAYS ABOUT ALL THESE FACTS ?
6. MY LAST QUESTION IS THAT WHETHER A JUDGE/ MAGISTRATE CAN REFUSE TO NOTE DOWN THE QUESTION BY A COUNSEL AND ANSWER BY A WITNESS, ON THE GROUND THAT IT IS IRRELEVANT TO THE CASE ON HAND OR THE MAG /JUDGE HAS TO WRITE ALL QUESTION AND ANSWERS, AS MANDATORY ?
THANKS SIRS SALILKUMAR
ADVOCATE
THALASSERY-670101
09447536929
advocate satya
07 March 2009 at 11:56
hi
one cheque of rs 3 lacs is dishonered three years back, and the limitation attracts, what is the way to initiate case for the same ?
vinod bansal
06 March 2009 at 20:58
i m running a grossery shop one person fabricated a duplicate bill in the name of my firm & filed a consumer complaint against me & mfg. co. in consumer forum alleging restrictive trade practice regarding fixation of price i.e. excess/(unjustified fixation) charging of price.Complainant has only submitted a xereox copy of fabricated bill of my firm,when i filed an application in consumer court for directing the complainant to produce original bill though it is impossible to produce original bill in forum bcoz that xerox has prepared with the help & photostat tacts of an another original bill of my firm,now counsel for complainant has replied that original bill was in his brief/possession but that is now not trace able,what action i can take against lawyer & complainant, position is that only xerox is available on court file & with us can we or court can initiate any action only on the basis of a xerox fabricated copy of bill & under which section or act we can take legal action.Thanks
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