Bhaskar Kartha
09 March 2012 at 12:48
Whether a Special POA executed on Rs. 50.00 stamp paper in kerala but not notarised, filed a complaint u/s 138 NI act, was taken on file and proceeded. But the defence has now questioned the POA as such during the hearing. Is there any citation to put up our stance?
Gaurav
08 March 2012 at 23:31
Hi experts,
In continuation with previous post.
We had a compromise and judge increased the settlement amount by 50K. As per judge, i need to pay 50% of settled amount + articles on 15th Mar. 25% on first motion and rest on Fir quash.
Is the agreement OK?
Please let me know, can she again do dome foul play.
Sameer
08 March 2012 at 22:08
CAN I FILE A CHEQUE BOUNCING CASE AGAINST A TRIBAL LADY, WHO TAKE 20,000/- FROM ME AND SHE GIVE ME ONLY A SIGNED BLANK CHEQUE. IF IT IS POSSIBLE THEN WHAT IS THE PROCEDURE AND WHAT WILL HAPPEN OF THAT LADY(WHAT IS THE MINIMUM PUNISHMENT)?
Ankarsh Rattan
08 March 2012 at 21:04
X(Female) was married with Y (Male) in Oct 2008. Y is Scheduled Caste(SC)and X is Backward Class (BC). X name was registered in Y Ration Card on May 2009. Father of X(Female) prepare his daughter (X)BC certificate on Jul 2009 with his father old Ration card photostat in which the name of the X is lies and giving affidavit by father that she is student and our family member. But actually in May 2009 X father struck out his name. X (Female) is appointed as teacher in Govt School on contract basis in Backward Class(BC) Certificate on Aug 2009.
Some third person Z complaint to police that X (Female) BC certificate is invalid & prepared by false/fake documents, inquiry conducted by DSP of Police and police gave their views that register FIR againt X(Female) father and DSP sent file to DA(Legal). DA (Legal) gave his openion that it is not an offence.
What Can we do now to lodge FIR against X father. Can we go to Illaqa Magistrate under CrpC 156 (3). Guide Us ?
PRAKASH
08 March 2012 at 19:33
Respected Sirs,The prosecution has produced a set of documents in a case under trial for S 419,420,467,468,471,etc.However my handwriting was never obtained for checking by forensic experts nor does ay witness testifies that the writing or signatures that appear on the documents produced are mine.Please tell me what is the worth of the documents produced as evidences.
Thanks.
Mrs. Trupti Patil
08 March 2012 at 18:25
Can an accussed get a bail in the charge of IPC sec 376 when the prosecutrix is above 16 years of age?
rani
08 March 2012 at 17:27
If an individual who owns a company or form part of the group which runs a company has been charge sheeted for misrepresentation of facts , can he be denied the rights of doing business till he is acquitted?
What will happen to the company ?
Rishi Awasthi
08 March 2012 at 17:16
Hi Experts,
I have come to hear that some very good experts are on this website. I need to know the correct legal guidance.
My wife and me are in fight with each other. She has filed all cases against me, 498a, 406, DV, Section 125. I have also filed a divorce petition against her.
Even after this she would continously file a complaint to my police station stating something or the other.
Troubled by all this, I also filed a complaint to the DM(District Magistrate) and the police station in her area
she is doing wrong like in the Court she says she is having no source of income she needs maintainence from me, however she has advertised in the local newspaper that her first floor is available for rent and I also inquired secretly from the tenant that the rent agreement was done between her name and his and she would sign the rent receipt so I asked the DM and the police station to inquire into all this.
But to my surprise she has sent me a legal notice that she is going to file criminal defamation against me. Is giving complaint against someone to Distict Magistrate and the police is "called as publication and publising" as per their legal notice. While I have this evidance that there is a news advertisment for her parents house in which she is the contact person for giving the house on rent and she is also taking the rent money and signing on the rent receipt but in the court she says that she is not having any source of income.
I had written the complaint to the District Magistrate and the police station to help me get the copies of the rent receipts and the rent agreement as the tenanat whom I met told me that he could not give it directly to me as he did not want to get into a fight with her. If this is the way it is going to work then every1 who files a complaint to the police will get a notice by accused for defamation.
Please help me understand this point whether by asking police to inquire and get proofs regarding offense against somebody means you have published information to defame him. Is this correct??? Is there any judgement?
This will wreck havoc on anybody who wants to have the police inquire investigate and collect proofs.
Sharath Babu
08 March 2012 at 15:36
Dear friends, Can anyone suggest me on the following issues:
- My client Mr. ‘A’ is an advocate, married Mrs. ‘B’ in the year 2008 – was an arrange marriage. ‘A’ is a resident of Bangalore and ‘B’ is a resident of Kerala. After marriage the couples started residing in Bangalore since ‘A’ was practicing at courts at Bangalore. They have a daughter aged about 3 years presently.
- Since the beginning of their marriage Mrs.’B’ was always suspicious about Mr. ‘A’. Every day ‘B’ picks up quarrel for one or the other reason with ‘A’ because of her suspicious nature and there was no peace prevailed at their house. ‘A’ is still not independent and working in a law firm, usually be late to house by 8 -9.00 pm. Later on ‘A’ came to know that ‘B’ is suffering from Psychic problem and her parents had shown her to many Psychiatrist prior to marriage. ‘B’s father & mother – alternatively was also residing throughout with the said couples as they had no confidence on their daughter. Later on when her attitude, nature and behavior was not tolerable, Mr.‘A’ along with ‘B’s Father got her admitted in Nimhans Hospital, Bangalore. After being admitted for 2 days she was advised to undergo counseling. It didn’t work out well. Again she was back to house and the same problems continued. A week back she suddenly left house along with kid after having quarrel with ‘A’ for having suspected him with someone.
- Now ‘B’ along with her father are trying to implicate false criminal case against ‘A’ and his mother (mother is residing at other district and was advising her over phone for not to quarrel and to be good to ‘A’)for harassment and cruelty. They had informed one of the relatives to that they will give complain to Human Rights and lodge complaint at Police station at Kerala.
My question is:
1. Whether complaint is acceptable before Human Rights Commission?
2. Assume ‘B’ lodge a complaint at Kerala – whether the Kerala police can enforce their power at Karnataka? What are the remedies available to ‘A’ to be on the safer side?
3. Whether ‘A’ can take anticipatory bail at Karnataka, when the complaint is lodged at Kerala.
4. Any other remedies available?
Friends please let me know as I need to take immediate steps.
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Is fir mandatory?
Dear Sirs,
Please let me know if it is mandatory to the police to file the complaint and FIR on receiving the oomplaint from the complainant..
Is it their wish to investigate into the case first and come to a conclusion and then later on file FIR.?
Is it not that the Police must and should file an FIR on receiving the complaint and hand over a copy of FIR to the complainant and then start investigating into the case?
Please let me know the details of filing an FIR by the police..
Thanks in advance,
vamsi