shrihariji
23 February 2012 at 08:05
sir,
as i written earlier, i had to take the summons from the police officer and appears to the court on 28th february with my parents.
sir the cases on me and my parents are:
498, 306,114,506,dp3/7
we had taken bail on 18.05.2009
sir, now what we had to do ?
should we had to took bail again????
should we file quesh or discharge?
Amruth
22 February 2012 at 22:45
My wife filed 498a and after mediation , tomorrow is the final hearing in the magistrate court .Police have already filed the B report for the 498a and the case is going to get closed. I am supposed to give 10 lakhs as per the final settlement at family court but I could not gather that much for tomorrows hearing. I have 7 lakhs only.. What should I do ? I want to finish the case though.. Can I ask for time to give the rest of amount ?? any suggestions..
pritpal rajput
22 February 2012 at 22:37
I have sent a legal notice on dated 30.10.2009 through advocate to addressee with A.D. Then i have filed a case in court December 2009 with Original cheque, original bank memo and original postal receipt but i could not get A.D. My question is this without A.D. the service is sufficient on addressee is or not ? and he is on bail. Any ruling is there that without A.D.the service is sufficient to addressee ?
pushpakrishna
22 February 2012 at 21:03
Dear experts,
A person filed a case U/S138 of NI Act in the Court of Judicial Magistrate of First Class and The Court given the CC NO.and Posted for examnation From Jan 17th 2012 to 06-09-2012. It is learnt a case filed U/S 138 of NI act has to be disposed with in 60 days.Can the person file a petition for the advancement of the case U/S 482 of Cr.pc or what to do for advancement? please advice with suitable suggestion.Thanq.
kavita vishwakarma
22 February 2012 at 20:17
can we file private complaint in prevention of corruption act.
Adv.R.P.Chugh
22 February 2012 at 17:43
Dear Ld.Seniors,
In a matter in which I am appearing for the accused, I came to know during arguments on charge, that the prosecution has placed on record certain documents of which I was not given any copy alongwith the police report. I was not even informed of the same. Not a case where documents of confidential nature or priveleged documents. In the list of documents at the end of police report - there is no mention of these documents.
My query is whether the prosecution has the right to place on record or rather sneak in documents without informing accused and without seeking permission for the same in order to bolster their case ? Can i oppose the same ? The date on the documents show prosecution had them even at the time of original filing of Police Report.
Please Advice !
Ashok
22 February 2012 at 16:23
Hi All,
I am Ashok. I live in ghaziabad. In front of my house Some people has illegally opened some Smoking shop. This shop is just in back of a school. after school students do smoking over there and in night some bad elements do gathering over there and they do drinking and eve teasing. So day before yesterday I wrote an complaint and tried submit with police. But when i reached in police station so i found SHO was not there. So i asked constable to take my complaint and give me the receiving so he said that he cant take my complaint only SHO can take and give the receiving. So asked him to take my application and once SHO comes then get it received from him. But till now i have not received the receiving. When i called SHO on phone to ask the progress then he said that he wont take the complaint, he will simply ask that shopkeeper to stop these things. But till now no progress.
Hence kindly guide me how to proceed further.
Thanks
Adv.Vishal Anil Vyavahare
22 February 2012 at 14:08
Hallo sir,
I am practicing advocate from Nashik dist.I have recently filed a VP in a matter which has been filed by applicant who is second wife of non applicant.Matter was decided ex parte due to non appearance of Non applicant.thereafter applicant filed recovery application, on service of notice non applicant appeared in the court and Restored the main application u/s. 125/1 of Cr.P.C. Now matter is kept for hearing.Documents which filed by applicant has been already withdrawn after Ex parte order/judgement.So its my first query that whether applicant need to file those documents again at the time of hearing ?
I have one Most important query that applicant does not have any conclusive proof of marriage excluding the xerox copy of agreement of restitution which was drafted on 20 rs. bond having signature of both parties, but it is not registered or notarised.
Second document which applicant relied on is Adoption Deed/Consent Deed of Son of Applicant from her first marriage.Adopted by Non applicant by way of that Adoption Deed/Consent Deed which has been Notarised and contained the signature of applicant,non applicant and son of applicant, but applicant does not having its original Copy.
Third documenton which applicnt relied is Gazzate of Govt. Of Maharashtra regarding advertise of Change of Name, age and Religion which has been published on 29 th Nov. 2007. In that Gazzate Name of non applicant has been mentioned as a Father of applicants Son.
So that all documents which are xerox copies can read as an evidence of applicant which can show that both were living together as husband and wife.
If yes or no please provide me some effective provisions with case laws.
Thanks,
Vishal A. Vyavahare
Advocate
Chetan Pardakhe
22 February 2012 at 11:26
That in 138 case the cheque amount of Rs. 3,00,000/-. That the trial court passed a judgment in favour of complainant and ordered that the accused shall pay the cheque amount and compensation of Rs. 40,000/-.
But the accused filed an appeal and appellate court direct the accused to deposit the 20% amount and accordingly the accused deposited the amount.
My question is that whether the complainant entitled to withdraw the amount which has deposited by the accused
Pls guide with provisions and judgments if any
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Ni act
Dear Experts
Attached is a copy of complaint and related documents. Pls suggest any
escape route.
Brief Facts
Cheque is of a Company of which I was a director
Complaint is against me only. Company not impleaded as accused.
Cheque is Very OLD and the series of which was being in use some time in 1998
The Writing of cheque viz Name of Payee and Amount both in words and
fiqures are not in my handwriting. Signatures on cheque also differs
from my signatures.
Bank return memo states following reasons for return
1. Insufficient Fund
2. Signature differ
3. Cheque mutilated requires bank confirmation
4. Previous stamps not cancelled.
Original cheque produced before court is not complete one and has one part of
it missing, teared off including part of signatures, it is also torn
off in between and
cello tape has been affixed.
Whether the complaint in present form is maintainable and if not on
what grounds.
What other defence is available in case of charge sheeted.
Thanks in advance