LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

david vijaykumar   13 May 2008 at 21:21

Quashing of charges.

If the framing of charges is more than two years, can we request the court to quash the criminal prosecution for want of time barred? (It is almost 8 years now)

david vijaykumar   13 May 2008 at 21:18

Marking of document by Court while examining PW during the course of Chief Examination.

Can the learned expert offer his well considered opinion in regard to :

The special court had marked the documents as a prosecution document without being referred by public prosecutor and that too, it is xerox copy. Two to three documents were marked as a prosecution document out of which one is xerox. This happened during the course of deposition/examination of prosecution witness by learned PP.

Please clarify on this point as I am very much impressed by analysis.

kapil patwardhan   12 May 2008 at 14:30

s.326 indian penal code

biting by teeth on the finger, that too not severe, will s.326 of ipc will be applied. what would be the correct section on which charge can be framed.

pankaj   11 May 2008 at 21:46

harasment from wife an in laws(please reply fast)

Dear Sir/mam,

i read one of the article from you. i need ur help regarding the case of domestic violence.



i am suffering from domestic violence. please guide me on the following issues.



1) my wife had involved me and my family members in the case 498-a in the year 24th june 1999. but after some timethe case was muttualy compromised to save my mother and sister.

2) me and my wife started living seperately after the withdrawl of the case.

3)but after sometime my wife started making false alligations on my family members in the influence of her parents which lead to affect our married life.

4)now five months back she left my house without informing me started living with her parents.i tried to resolve the problem but no signs for comproise came from there side.



5) so finally i disscussed with my family members and came to decission to part.

6) so i filled a divorce case on 20th feb,2008.

7) on 7th may the hon'ble judge called us for compromise,my wife along with my inlaws asured the learned judge that my wife is ready for any compromise.

8)very next day i and my family members recieved the court summons of domestic violence .which was filled on 6th may,2008.

please suggest me that whether my family members who were not living with me and my wife for the last nine years can be involved in domestic violence consideing that they didnt even visit my house for the past 9 years.

and also suggest me that what legal procedure or rights i have against this law.



Regards

pankaj manchanda

pankaj   11 May 2008 at 21:39

query against domestic violence

Dear Sir/mam,

i read one of the article from you. i need ur help regarding the case of domestic violence.



i am suffering from domestic violence. please guide me on the following issues.



1) my wife had involved me and my family members in the case 498-a in the year 24th june 1999. but after some timethe case was muttualy compromised to save my mother and sister.

2) me and my wife started living seperately after the withdrawl of the case.

3)but after sometime my wife started making false alligations on my family members in the influence of her parents which lead to affect our married life.

4)now five months back she left my house without informing me started living with her parents.i tried to resolve the problem but no signs for comproise came from there side.



5) so finally i disscussed with my family members and came to decission to part.

6) so i filled a divorce case on 20th feb,2008.

7) on 7th may the hon'ble judge called us for compromise,my wife along with my inlaws asured the learned judge that my wife is ready for any compromise.

8)very next day i and my family members recieved the court summons of domestic violence .which was filled on 6th may,2008.

please suggest me that whether my family members who were not living with me and my wife for the last nine years can be involved in domestic violence consideing that they didnt even visit my house for the past 9 years.

and also suggest me that what legal procedure or rights i have against this law.



Regards

pankaj manchanda

Prashant Kumar Jha   11 May 2008 at 16:12

Life imprisonment

Now a days what is the provision of life punishment. Is it for till alive.pl quote the judgments regarding this of Hon'ble Supreme Court.
Prashant Jha

Prashant Kumar Jha   11 May 2008 at 16:09

Life imprisonment

Now a days what is the provision of life punishment. Is it for till alive.pl quote the judgments regarding this of Hon'ble Supreme Court.
Prashant Jha

Adv. Mohan Chandra   10 May 2008 at 15:33

Sec 138 NI Act and Substitution of Complainant

Sir,

Criminal proceedings were filed against me under Sec.138 NI Act by a leading multinational bank in 2005. The cheque used was one of the ten blank cheques in its possession.These cheques were submitted as security for availing finance facility at the insistence of another multinational company.

During the process, substantial cross examination of the complainant was done and the complainant (representative) failed to appear before the court once written request for various documentary evidence for the amount of cheque bounce was requested. Later complainant bank submitted an application for substitution of representative. The Honourable Magistrate refused to accept the application on the ground that the complainant representative was substantially cross examined and substitution was not permissible.

After a few months the Magistrate was transefered and the new Magistrate allowed substitution. I filed an application for review of judgment in the higher court which has been dismissed.

My query is

1. The original complainant representative failed to appear once written request for various documentary evidence for the cheque amount were requested during the cross examination.
2. In the application for substitution the complainant states that the representative has left service and no longer available while in the subsequent affidavit filed states that the original representative has been transferred.

Under the above condition is their any provisions in the law I can initiate action against the complainant.

Thanks

Gururja Rao   07 May 2008 at 17:50

Suspension of an employee of BHEL(Central Govt) on account of Undergoing Remand During pendency of Crminal Case against him possible.

My friend was cheated by two brothers,One brother is BHEL central Govt employee, and another brother is a business man.both conspired and one bother by signing another brother's cheque issued in favor of my firend,later my friend came to Know that he was induced by both brothers and was cheated, Immediatly he lodged criminal complaint U/sec 420 of I.P.C,against both the brothers, and One brotheri.e central govt employee under went 6 days remand and subsequently obtained bail, now trial is almost over, and posted for defence evidence,till date four years lapsed, however the accused is not ready to compromise since they are habitual litigants, now my friend wants to send remand report to the employer I.e BHEL, now my friend wants to Know what kind of action the BHEL will take against its employee?

vinod bansal   07 May 2008 at 16:35

domestic violence act

R/Member I want to know whether a aggreived mother can file a complaint under domestic violence act against her married major son & daughter in law .