dawood ahmed
06 January 2012 at 21:16
DEAR EXPERTS,
I HAD COME ACROSS A RULING OF APEX COURT OR SOME HIGH COURT, I DONT REMEMBER EXACTLY, BUT WHAT WAS HELD THEREIN IS THAT THE COMPLAINANT HAS TO INITIALLY LEAD EVIDENCE TO SHOW THAT AS TO HOW THE ACCUSED CAME TO BE INDEBTED TO HIM. THAT IS TO SAY IN CASE OF LOAN ETC. THE PROMISSORY NOTE/BOOKS OF ACCOUNTS MUST BE MARKED. IN CASE OF SALE OF GOODS OR SERVICES ETC THE BOOKS OF ACCOUNTS / GOODS DELIVERY VOUCHERS ETC HAVE TO BE MARKED. MERE ALLEGATION THAT HE HAD ADVANCES HAND LOAN OF RS. 200,000/- IN CASH WITHOUT EXECUTING ANY DOCUMENT WILL NOT SHIFT THE BURDEN AUTOMATICALLY TO ACCUSED WHEN THE ACCUSED DENIES THE LOAN TRANSACTION.
IN MY CASE BESIDES THE ABOVE THE COMPLAINANT EVEN FAILS TO GIVE THE EXACT DATE AND TIME WHEN THE AMOUNT WAS ADVANCED AND WHEN THE CHEQUE WAS ISSUED BY THE ACCUSED. EVEN GOES TO SAY THAT THE CHEQUE WAS IN FACT HANDED OVER TO HIS BROTHER AND THAT BROTHER IS NOT EXAMINED.
PLEASE EXPLAIN THE PROSPECTS OF THE CASE AND ALSO FURNISH THE RULING IF ANY IN MY FAVOUR.
THANKING YOU SIR.
ritesh
06 January 2012 at 21:00
sir,
i have joined business with my friend in partnership of civil work in pwd dept.
before i became partner business was carried out with name "M/S kalpana associate" but after i joined the name was changed & applied for new registration in firm & society office but due to some formalty left out the firm registration cannot take please and document were returned asking for such documents.
during registration time we got a contract and started working investing money.but my friend instead of partnership firm made sole properitor when i know about the same i talk him for the same.
then he on the letter pad of firm duly sealed & signed given me affidavit writting that he is also partner and invested so and so money.
my question is that such affidavit on firm letter pad can be work as proof in case of filing case in court.
please reply as soon as posible
ritesh
06 January 2012 at 20:32
sir,
i want to know that in case of receipt of post dated cheque from any of our disputed client,should such information should be given to police for the same so that in future he cannot deny for the same in futher saying such cheque is being lost or taken forcefully.
anil kumar agarwal
06 January 2012 at 20:13
A enchroched a govt land adjecent to his AGRICULTURE land 20 years back, what is his right now on this land. can another neighbour interfere in this land , if he disposses a he is liable under 447 ipc.
Anonymous
06 January 2012 at 19:03
is it practically possible to file a bail petition in the court of the Asst Sessions Judge under sec439 of Cr.P.C. other than before the Sessions Judge, when sessions judge is in office without his any special permission or order in this regard?
Anonymous
06 January 2012 at 18:15
I m serving in defence force. On a occasion i was punished for a minor crime and punishment entry was also made in document . Same day after punishment my officer told me 'gaddar' in front of 100 people and i could not understand why i am being awarded with this word. Later on i applied for discharge on the same ground. As a reply i was told that word gaddar was mental punishment and discharge cud not be granted. Now what shud i do.Because i was punished twice for a minor mistake.plz guide me
sajed
06 January 2012 at 15:41
My client is accused of chinkara hunting case like salman khan.story of Prosecution that police and forest official raided accused house and seized mutton and head of chinkara infornt of 2 panch witnesses. accused are booked under indian forest act and Wild life protection act.They also seized one of accuseds gun licence from spot . What Questions should be asked in CROSS EXAMINATION to police and forset offical. CID investigated this matter.
Chandan Gupta
06 January 2012 at 11:28
Dear Members.....
A person who is defendent in an accident case is countinously attending the dates from the last 9 years as dicided by district court from time to time. But the main problem is that complainant is not attending the same dates either personally or by his legal representative.
Now my query is that whether the same case can be decided Ex-parte in favour of defendent on the ground that complainant is not attending the date which unnecessary delay in and no eyewithness present in the court since the date of accident.
Please suggested.....
Anonymous
06 January 2012 at 02:14
Cyber Crime Police has filed a case against First Party under ipc 66A on complain of Second Party. And FIR has been filed in Jan 2011. Cyber Crime Police team raided at First Party's office in June 2011 and sealed his laptop. Case is still under investigation, not moved to court. Now both parties want to compromise but Investigation Officer is denying for it. He is saying that now filed case under 66A is between First party and Government, so compromise between both parties is not possible. Please guide and suggest me.
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Claim of a bank
Dear Brothers,
Please clarify:
A bank is claiming from a client that an amount of loan was credited in to his account and there is some debits also from that account towards the instalments, as claimed by the Bank. But the client is confirming that he has not executed any document like pronote, agreement and any cheque or ECS authority given to the Bank.
Can the the Bank proceed against the client just with the entries in his account without the basic documents?
MARIMUTHU.P
New Delhi