Legal Question in Criminal Law in India

Public Servant

We did not take this stand duirng trial. We want to this plea during appeal. Please advise. I am an Officer and can be removed from the office only by Director (Board Member).


Asked on 5/19/08, 2:54 am

7 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Public Servant

Yes you may go ahead.

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Answered on 5/23/08, 5:07 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Public Servant

Pl go ahead.

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Answered on 5/19/08, 11:10 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Public Servant

The provisions contained in section 197 Cr.P.C. mandates removal from office by or with the sanction of government.

Please check whether you really fall under the category of public servant contemplated by law.

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Answered on 5/19/08, 3:24 am

Re: Public Servant

In appeal you can raise legal plea only.

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Answered on 5/21/08, 1:15 pm

Re: Public Servant

In appeal you can raise legal plea only.

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Answered on 5/21/08, 1:15 pm

Re: Public Servant

In appeal you can raise legal plea only.

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Answered on 5/21/08, 1:15 pm
Vivek Mapara Vivek N. Mapara

Re: Public Servant

So far so legal plea is concerned, you can take that any stage of proceedings, provided it does not require inquiry of facts. So if you want to raise this plea that only Director has jurisdiction to remove you from the office, then you can raise that plea in appeal, as it is a legal plea.

Feel free to contact

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Answered on 5/19/08, 6:05 am


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