raghavendra
26 October 2011 at 16:07
sir,
i sold my car to another person with registration , now the puchaser commited accident , aggrieved party filed case in court ,
they made me as party in that case says insurance is still in my name how can be it in my name after i transfer the owner ship to him ,
what is the solution
MJS Murthy
26 October 2011 at 11:21
One of my friends, who is an officer in a public sector bank, is served with memo and followed by charge sheet on false grounds in a public sector bank where the inquiries are conducted by the bank's own internal staff or a retired official as external inquiry authority. The case is my friend is charge sheeted on the grounds that he has not taken the 1)security documents in one account 2)released the security documents without adjusting the loan outstanding in another account.
The crux of the case is that he had taken the security documents and also released the documents under the written advise of the Regional Head. He was transferred from the branch and after a gap of 4 years, they charges him on the above counts on two different accounts. In the inquiry proceedings it came out that 1) the security documents are taken and available in the Bank and 2) the second case the security documents were released after taking the signature of the property owners and also after putting his signature as an officer authorised to release the documents. This was done with written permission from the Regional Head. The branch is subject to concurrent audit where the branch is under daily audit for the transactions of the day by Concurrent auditors. The permission letter from the Regional Head was maliciously removed from the Branch records.
There was no adverse comment by either concurrent auditors (who audit the daily transactions of the branch on day to day basis) or internal auditors (who audit the branch atleast once an year) and also there were no adverse comments by statutory auditors when the memo was served regarding release of document or not taking security documents. He was having open rivalry with the Regional Head on various counts.
Despite the above established evidences, he was punished with one increment cut on false charges as the Bank staff do not have any appellate authority outside the bank where he can approach and explain for exoneration.
Please guide whether we can file 1) case against the authority who charge sheeted the officer under Section 211 IPC - wrongful charges with an intention to criminally conspire to fix a person on false charges - false charges of offence made with an intention to injure.
2) Sec 167 IPC - Public servant framing an incorrect document with intent to cause injury.
3) Sec 177 IPC - Furnishing false information.
4) Sec 181 IPC - False statement on oath (witness in the case who gave false statement and subsequently withdrew)
5) Sec 182 IPC - false information with intent cause public servant to use his lawful power to the injury of another person.
6) Sec 191 IPC - Giving false evidence
7)Sec 192 IPC - Fabricating false evidence
8) Sec 196 - Using evidence known to be false.
9) Sec 219 - Public servant in judicail proceedings corruptly making report etc contrary to law
10) Sec 425 - Mischief
11) Sec 471 - Using as genuine a forged document
Whether my friend can proceed criminally against the Bank and also against the external inquiry authority, the presenting officer and also against the witnesses who gave false witness.Whether he can file defamation against the Bank for falsely implicating him. If so what amount he can claim as defamation amount. Whether the officials involved in falsely framing an innocent can be convicted with jail term and if so what is the maximum jail term we can expect. Kindly guide me in the matter.
Yeshwant
26 October 2011 at 09:24
Hi,
I want to know about lawyers fee. How the lawyer fee is being determined.
Thanks and Regards,
Yeshwant Gupta.
Anonymous
26 October 2011 at 01:11
Sir
One of my friend complained to Press Council of India regarding publication of defamatory news by its editor with malafide intention. He sought censure of nespaper
After complaining he also moved a criminal complaint u/s 499/500 with court of law against the editor.
Section 3 (2) of Press Council Inquiry Regulation requires a complainant to immediately inform PCI regarding the subject matter of complaint being taken up in court of law/or becoming sub judice.
Now i want to know that if the reliefs in both the complaints are different and in one censure of newspaper is sought and in the other action under IPC is being sought, then can it be said that the matter complained before PCI has become subjudice?
If simultaneously remedies can be explored in Civil and criminal courts regarding defamation, then can in this case where complainant has, after complaining to PCI, moved criminal court, PCI refuse to further entertain the complaint stating that the matter has become subjudice?
Anonymous
25 October 2011 at 14:54
my sister case against medical negligence is going on in the consumer forum. she became disabled due to failure of knee surgery. kindly send me the useful judgments. i am very poor to save my sister. that cruel doctor still striving hard to win the case by using his own doctor friends. please help me
anand
25 October 2011 at 10:05
Karnataka Rent Act 1999, Plinth area more than 14Sq mts of premises for commercial purpose act not applicable, what if open space, whether act covers and rent act is applicable or not.
Anonymous
25 October 2011 at 09:25
dear sir,
our mother, who is ninety years old is a family pensioner of the u.p. government.her husband was an employee of the u.p.govt.
she has living with her a dependend son, who has been diognised as a '' chronic schizophrenic' for over thirty years. he is over fifty years old.
our queries are:-
1. would he be, as a handcapped dependent of a family pensioner, be entitled to family pension consequent on the demise of his mother, on ac of the desease schizophrenic.
2. if so what would be the procedure for getting a handicapped person certificate suffering from this ailment.
vinay kala oct 25 11
Raj Kumar Makkad
24 October 2011 at 20:36
Diye ki Rosni,Rangoli ki bahar,Pathaken ki dhoom,Apno ka payar,Laxmi ka aagman aur khushiyon ki bochhar,Mubarak ho aapko DIWALI KA TYOHAAR.
Happy Dipawali.
Raj Kumar Makkad
Advocate
Bhiwani (Haryana)
09416058227
K.K.Ganguly
24 October 2011 at 19:57
Would the Ld. Experts give their valuable opinion on the following matter?
Can DRT admit an application u/s 17 of SARFAESI Act,2002 from a borrower who has defaulted in paying and whose account has become NPA, against the lending Bank for its just issuing notice of possession u/s 13(4), when possession has been refused & the applicant is still residing at the mortgaged premises as mentioned in the Application?
Thanks.
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