Another word for wrongfully. They insist that the Government ignores a key disputed issue in this case: whether the charged conduct involved an implied fraudulent misrepresentation. The Government has until February 21, 2020, to produce additional data disclosures in the proceedings targeting former Deutsche Bank precious metals traders. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. His successor having found that charges had already been framed against the accused and the case was triable by the Court of Session committed the accused to that Court. Click here to remove this judgment from your profile. She is known for her role in the BBC drama programme Take Three Girls portraying cockney art student Avril for the first series before being replaced in the second. 8. “Before the Code was amended by Act, 26 of 1955 it was necessary for the Magistrate holding the enquiry to record the evidence of all the important witnesses. He may consider it necessary in the interest of justice to record the evidence of other witnesses who may not be produced by the prosecution before him. Failure to examine the witnesses may be Justified only in exceptional cases. The opposite of accused is not accused, which could be cleared or uninvolved. This site uses cookies. 6. A Magistrate failing to examine witnesses to the actual commission of the offence because they are not produced, without considering whether it is necessary in the interest of justice to examine such witness fails in the discharge of his duties”. Get 1 point on providing a valid sentiment to this The accused have been deprived of the knowledge of the evidence by which the prosecution intends to prove the offences alleged against them. The facts which gave rise to this reference, briefly stated, are these: 3. Citation. The lawsuit continues at the Illinois Northern District Court. The government repeatedly asserts that the various traders on the precious metals desk engaged in “deceptive trading,” as if this demonstrates that they had an agreement to or knew that they were engaging in fraud. But evidence that employees on Deutsche Bank’s precious metals desk discussed or engaged in “deceptive trading” does not remotely establish that they conspired to misrepresent anything to other traders, Vorley and Chanu say. “The false equivalence of “deceptive trading” with fraud ignores the fact that trading is a competitive enterprise in which traders must actively conceal their strategies in order to be successful”, the defendants argue. Suggest . 7. 34 R.P.C The case was started against the accused on the report of police Anantnag on 5th May, 1966. With a view to shorten delays in the proceeding preliminary to bringing the accused to trial, the Legislature has by enacting Section 207-A conferred a discretion upon the Magistrate in the matter of examination of witnesses not produced by the prosecution. The Illinois Northern District Court has agreed to postpone the arraignment of James Vorley and Cedric Chanu to a later date, closer to their trial. The proffered evidence fails to demonstrate that the alleged conspiracy existed or that the alleged co-conspirators were parties to any agreement to commit fraud, according to James Vorley and Cedric Chanu. The learned Advocate General has opposed the reference on the ground that the Magistrate was empowered under Section 207-A of the Cr PC, to commit the accused to Sessions without examining all the witnesses cited by the prosecution in support of the allegations against the accused he has relied on AIR 1966 Cal 217 in which it is laid down:—, “‘It is optional with the prosecution to examine any witness before the committing Magistrate and if no such examination is held, the Magistrate on perusal of papers may exercise his discretion as to whether the accused should be committed to the Court of Session or not”. 9. clear . It is clear from the above ruling that it is necessary for the Magistrate to examine witnesses to the actual commission of the offence alleged. * Enter a valid Journal (must In the present case the prosecution had produced the eye-witnesses in regard to the occurrence but the Magistrate did not record their statements, and on the basis of the statement of the complainant framed charges against the accused and started recording the statements of the other prosecution witnesses. Get 1 point on adding a valid citation to this judgment. He must apply his mind to the documents referred to in Sec. Share this picture. complainant . Likewise, traders may “shred” large orders into a series of smaller orders to be executed over time in order to disguise the true size of the order. The motion was submitted by the US Government in March 2020. Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Reddit (Opens in new window), Former Deutsche Bank precious metals traders seek to dismiss indictment over “inexcusable delays”, Ex-Deutsche Bank traders seek to compel US Govt to make further trading data disclosures, DOJ reiterates its claims against ex-Deutsche Bank metals traders, Ex-Deutsche Bank precious metals traders to stand trial over spoofing charges in May 2020, Ex-Deutsche Bank precious metals traders secure rescheduling of arraignment, Court orders US Govt to produce additional trading data disclosures in spoofing case, FIA joins opponents of US Govt approach in lawsuit targeting ex-Deutsche Bank traders, Former Deutsche Bank precious metals traders fail to dismiss “spoofing” charges, Ex-Deutsche Bank traders seek to exclude evidence about how much money they made, TP ICAP confirms advanced discussions for proposed acquisition of Liquidnet, Finablr announces resignation of Karim Awad, CFTC goes after fraudulent Forex scheme Highrise Advantage, MAS orders Wirecard to stop providing payment services in Singapore, SIBS acquires Romanian subsidiaries of Wirecard Sales International, FCA: it is important for platforms like Google to be legally liable for financial promotions they pass on, Burford Capital updates on proposed NYSE listing, 85 year old woman behind the fake London binary options firm addresses exposed, Standard Chartered completes first live transaction on AntChain's Trusple trading platform, JPMorgan to pay $920.2m to settle CFTC charges for spoofing and manipulation. Accused antonyms What is the opposite word for Accused? The proffered evidence fails to demonstrate that the alleged conspiracy existed or that the alleged co-conspirators were parties to any agreement to commit fraud, according to James Vorley and Cedric Chanu. Find more ways to say wrongfully, along with related words, antonyms and example phrases at Thesaurus.com, the world's most trusted free thesaurus. If eye-witnesses of the occurrence are not examined the accused will not know the evidence which he will have to meet in the Court of Session. accused and acquitted. Get 2 points on providing a valid reason for the above 1. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Sections 148, 395 and 397 read with Sec. Before confirming, please ensure that you have thoroughly read and verified the judgment. “207-A (1) When in any proceeding instituted on a police report, the Magistrate receives the report forwarded under Section 173, he shall, for the purpose of holding an inquiry under this section, fix a date which shall be a date not later than fourteen days from the date of the receipt of the report, unless the Magistrate, for reasons to be recorded, fixes any later date. The opposite status could also be exonerated. accused and plaintiff. contains alphabet). The accused, 32 in number, were committed by the Additional District Magistrate, Anantnag, to stand their trial for offences under Sections 148, 395 and 397 read with Sec. This is a reference made by the Sessions Judge of Anantnag recommending that the order of commitment passed by the Additional District Magistrate, Anantnag, on 5th May, 1967 be quashed and that he be directed to proceed with the case according to law. By continuing to use our site we assume that you are ok with this. On July 31, 2020, James Vorley and Cedric Chanu submitted their opposition to the Government’s Motion for Preliminary Admission of Co-Conspirator Statements. Commitment quashed and fresh inquiry ordered. 5. Judge John J. Tharp, Jr. of the Illinois Northern District Court nixed an attempt by James Vorley and Cedric Chanu to dismiss the indictment against them. Hakeem Ghulam Hassan, the Additional District Magistrate, entertained the challan and treated it as a warrant case. Filters . 2. accused and clear. In the present case the Magistrate without examining the eye-witnesses produced by the prosecution committed the accused to Sessions.

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