Anonymous
18 January 2012 at 22:05
R/Expert Members of LCI
I am a newly enrolled lawyer i want to know that my client who is running a mobile dealer shop and his customer who is also a mobile seller give him seven cheques of different-2 dates which were deposited on different-2 dates and were dishonoured on different-2 dates but all memo are of within one month period,i want to know ,can i send a single notice for all cheques and there after i can file a joint complaint for all cheques as parties are the same in this case,it is also important to mention here that there is no problem of limitation of any cheque as all cheques were dishonourned within approx 20 days from today,Thankyou very much.
J.C.Mishra
18 January 2012 at 20:26
If an accused who haS been charge sheeted by the police under section 307, 25 arms act and other acts of IPC is absconding( as submitted in police report), files a case in the High Court under 482CrPC, What are the possible reliefs that he can pray in the High Court under 482 CrPC?
Daya Vaish
18 January 2012 at 19:10
I had setup a hi-tech poly house in my agricultural land with the help of loan from the bank by mortgaging my land.
The nearby hill is occupied by a cement company and they excavate the stone from there by blasting.
Last week, the fly rocks destroyed my green house with showers of fly rocks. I have registered FIR against company. Police made it U/S 336,427 IPC.
Now what compensation can I demand
And to whom and how should I approach to impose Stay on continuous blasting they are still doing.
Secondly
During last years rains, a huge flood of silt, mud and clay of the mining are destroyed crops of my poly house. Area S.D.M. was approached, he manage to access the loss from state horticulture deptt. which came around 2.5 lakhs. But now the same amount is also yet to paid to me by company. So,
1. Is there any safety laws for nearby inhabitants.
2. What is the danger area of blasting within which No blasting can be done in any case.
3. Is there any law which protests the villagers from noise pollution of the machinery, dust of the mining and timing of work in the mining like 10PM to 06 AM or something.
With regards,
Daya, H.P.
Anonymous
18 January 2012 at 19:05
In an absolutely false 498 – A case the Chief Judicial Magistrate (CJM) denied the bail of accused by stating (in order) that –“since there is sufficient incriminating material against the accused...”
The incriminating material before the magistrate as per knowledge of accused are–
(i) The FIR filed by the complainant.
(ii) The statement of the complainant u/s 164 of CrPC in which she almost repeated the fabricated story of FIR.
(iii) And the police case diary (which has been managed by the complainant)
Queries:-
1. Whether the said materials (which are although false and fabricated) make the case a PRIMA FACIE case?
2. Is there any chance to quash the instance case u/s 482 of CrPC?
3. Up to what stage the instance case can stand with these fabricated materials?
4. How best the accused can deal with this case (I mean list of remedies available to the accused to get rid of this absolutely false and fabricated case?
Anonymous
18 January 2012 at 18:46
Hi, Dear All Members and Friends
My Question is :-
My client is construction company (Builder) and five directors in this company. my client has applied for Environment Clearance Certificate after 30 days, they started a construction work in open land.
Then Gujarat Pollution Control Board file a criminal case against company and its directors and supervisor, Engineer (The Environment (Protection) Act, 1986 Undre section 15 and 19)but i like to quashing ALL DIRECTORS from this case if any judgement of Gujarat High Court or Apex Court is available for quashing Directors FOR this matter inform me.
UREGENT
BHARAT
Anonymous
18 January 2012 at 17:20
Hi Expert,
I have 10 cases against me against a single FIR no. RC/03/98/ACB.(Case belong to some Bank fraud)
Trial of all the cases were conducted at the same parallely.PW's,accused,documents are common in all the 10 cases.
In one case I have been convicted for 5 years RI in Aug,10 and I am in JC since then in that case.
Rest 9 cases(3 combined each so 3 judgments under sec219 CRPC) have been decided in Nov,11 and I have been convicted for 3 years in all these 9 cases separately.
Now my appeals are being pending in DHC.
So I want to know whether I will be getting the benefit of sec 428 in all these 9 cases or not.
Analogous Situation:- If a person has stolen/broken 10 articles from a house then if he is convicted for stealing TV in Aug,10 and that period from Aug,10 to Nov,11 when he was further convicted for stealing other 9 articles will be set off or not. This is my question.
Here. House is Bank,
Stolen/Broken charges are Forging/Corruption
Police is CBI
Accused is me.
wifebetrayed
18 January 2012 at 10:35
hi
sorry if it seems to be repeated query, I am not able to locate the query in my query list..
i am delhi based and facing a 498a case in kerala. My mother is govt employee. We are on AB since jan 2010. We have nt yet received any summon or notice from police/court to appears in court for trial. Last time my lawyer informed that, since it is interstate case notice/summon would not be sent for compeling appreaning in court.
As per my understanding below section should apply in my case
Service of summons on a Govt. employee (Section 66)(My mother) -
Section 66 details the procedure for serving a summons on a Government employee as follows -
(1) Where the person summoned is in the active service of the Government, the Court issuing the summons shall ordinarily sent it in duplicate to the head of the office in which such person is employed; and such head shall thereupon cause the summons to be served in the manner provided by section 62, and shall return it to the Court under his signature with the endorsement required by that section.
(2) Such signature shall be evidence of due service.
Service of summons outside local limits (Section 67) -
When a Court desires that a summons issued by it shall be served at any place outside its local jurisdiction, it shall ordinarily send such summons in duplicate to a Magistrate within whose local jurisdiction the person summoned resides, or is believed to be there, served.
Is there any expection in crimal trial where accused is residing in other state not to issue notice/summon by police /court to compel his appearenace in court for tril.
I understand from fourm, i can request details of summon issued or attempt made to notify accused to be present in court, please guide how i can do that..
Anonymous
18 January 2012 at 10:07
Dear Sir,
I have a query. Does any body enjoys special status before law.Why i am asking this is :-
In my fathers office one person threatens everyone else that he will lodge sc/st atrocity case against them.
Is it that easy ?
Is there any way to stop this kind of things ?
Does minorities enjoy special status. I know i am not supposed to ask this in a forum .
Anonymous
17 January 2012 at 21:17
THERE IS a big house having 32 rooms, it is locked from 2-3 years.its patta is issued in the name of A who is living out of country, 3 months back A sold it to B through registered sale deed and handed over the possesSion .c cousin of A lodged a fir alleging that he was having 1/4 SHARE IN this house throUgh oral settlement and residing here for last 30 yrs except last 2-3 years, and his household good s and valuables still lying in this house,A BROKE OPEN THE LOCKS AND TAKEN POSSESSION OF ALL.DURING SITE VISIT POLICE FOUND SOME HOUSEHOLD GOODS BELONGING TO C.IS A IS LIABLE FOR THEFT/HOUSE BREAKING
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Doubt related to high court
Dear Sir,
I have lodged a case on a person. Its criminal case.
And court gave verdict in favour of the opposite party. i lost the criminal case. now i want to approach higher courts to challenge the lower courts verdict.
please clarify me on the below:-
1) up to when i have the chance to go to high court ? is there any time limit for this ?
2) if i lodge a case in high court in Hyderabad do i have to attend to court in hyderabad for any reason ?
3) do the opposite party have to attend in high court of hyderabad everytime or do they have the option using which they can ask their lawyer to represent them ?