Anonymous
17 December 2011 at 11:15
I am a 3rd LLB student. I have been given a moot court assignment which is as under :-
Ram Gopal, 47 years, is a clerk in the Post Office at Vasai. His wife and 3 children are dependent on him. His mother 72 years became seriously ill and was admitted in apvt. hospital in Thane in April 2010. His savings drained in the coast of medical care and treatment. Her conditions was deteriorating and she was put in ventilator. She could not speak and did not even make gestures. From December to March she was in ventilation. In March Ram Gopal requested the Doctor to withdraw the ventilator & took her home as he could not afford the expensive treatment. 10 hours later his mother died. Ram Gopal's sister filed a complaint that Ram Gopal willfully caused death of their mother. It is her case that she was ready to bear the expenses but Ram refused as she married out of caste against the wishes of their family. Charges were framed and trial has begun.
I have to argue the case on behalf of the Respondent (Ram Gopal) with reference to IPC, Constitution, CrPC and Human Rights and have quote the relevant case laws on this matter.
I seek you guidance in this regard.
Anonymous
17 December 2011 at 08:03
Dear Friends,
I have appeared in a case U/s.138 of N.I. Act for the accused. The fact in brief of the said case that the alleged cheque was issued by the Director of one Pvt. Ltd. company with the signature of accused as the Director but after dishonoured of cheque the complainant issued the demand notice to the accused in his personal address not being the Director of the company nor issued any notice to the company and thereafter the complainant filed the case against the accused personally without making the company as a party to this case and also not taken any averment in his complaint petition that the accused is the Director of the Company and sole responsible for the day to day affairs of the said Company.
Now I want to know i) whether the said case sustained against the name of accused personally? ii) whether the company must be a party to the case or not? If yes or no, then please guide me with the latest decisions.
Anonymous
17 December 2011 at 01:09
I AM ACCUSED IN 138 NI ACT CASE.THE CHQ AMOUNT IS RS11 LAC.THE COMPLAINT HAS NOT SHOWN THIS AMOUNT IN HIS INCOME TAX RETURN.IS THIS THE SUFFICIENT GROUND FOR ME TO BE AQUITAL.PLS GIVE ME SOME CITATION OF SUPREMEM OR HIGH COURT THAT IS COMPLAINT HAS NOT SHOWN CHQ AMOUNT IN HIS ITR THAN 138 NI ACT IS NOT ATTRACTED.
Anonymous
17 December 2011 at 01:04
1.I AM ACCUSED IN 138 NI ACT CASE.
2.THE STAGE OF THE CASE IS DEFENCE EVIDENCE.
3.I HAVE FILED MY LIST OF WITNESS WHICH GOES AS FOLLOWS:
a.)MY BANK WITH ACCOUNT STATEMENT
b.)COMPLAINT BANK WITH ACCOUNT STATEMENT
c.)INCOME TAX DEPT WITH ITR OF COMPLAINT
d.)EXCISE DEPT WITH RECORD OF COMPLAINT AS HE HAS RAISED BILL WITHOUT PAYING EXCISE DUTY AND COMPLAINT CLAIM THAT THERE WAS NO EXCISE DUTY AT THAT TIME.
e.)POST OFFICE.
f.)ROC dept with form 18 to prove that registered office of my company.AS I HAVE NOT RECIEVED THE NOTICE AND ADDRESS MENTIONED IN NOTICE IS WRONG.
G.)HAND WRITTING EXPERT AS BODY OF THE CHQ IS NOT FILED BY US.BLANK SIGNED CHQ WERE GIVEN FOR SECURITY PURPOSE.
H.)ANY OTHER WITNESS WITH PERMISION OF COURT.
COMPLAINT LAWYER OBJECTED THE LIST OF WITNESS ON THE GROUND THAT THIS WITNESS ARE NOT RELEVENCE TO 138 NI ACT AND IS JUST TO DELAY THE PROCEDING OF LOWER COURT.
HON'BLE COURT WITHOUT APPLYING THE JUDICIAL MIND DISMISSED MY LIST OF WITNESS AND ALLOWED ONLY 1 EVIDENCE WHICH IS THE BANK OF COMPLAINANT WITH STATEMENT.
I HAVE FILED REVISION IN HONBLE HIGH COURT COULD SOME BODY HELP ME WITH SOME CITATION OF SUPREME COURT OR HIGH COURT THAT THESE EVIDENCE ARE RELATED TO 138 NI ACT AND I HAVE ARIGHT TO CALL ALL THESE EVIDENCE IN MY DEFENCE AND I HAVE RAISED ALL THESE POINT OF DEFENCE IN 313 CR.PC(STATEMENT OF ACCUSED).THE CASE FOR REVISION IS IN ALLAHBAD HIGH COURT.PLS HELP ME AS THIS IS VERY CRUCIAL STAGE OF CASE AND I HAVE TO PROVE MY INNOCENCE BEFORE THE COURT BY THESE EVIDENCE. I WOULD BE REALLY THANKFUL TO ALL OF YOU.
sushila modi
16 December 2011 at 19:21
Dear sir,
I deleated the matter as amount and jewellry in weight were written by me. nothing else.
but I am the mother- of three children. and spended sucessful married life with my husband who is staying with me. I married in 1970- I am grandmother and grand nani equally.
plz dont feel bad for the deleated matter and dont take me as misconceptual lady.
I am making queries related to my son"s case,
1) In our clan we can marry only once and husband and wife cannot leave once they become parents.
2) our elders taught us 100% compatibality is not present in any couple due to gender difference so each one has to deviate a bit. to improve compatibility a bit thats all.
my sons wife filled DV case against my son and involved only to my husband and no one else from the family in their personal matter. her family knws well filling frivolous case and involving all family members will certainly be pathetic to her as nothing is at the name of my son.and she will not get anything.
she knows Divorce is not possible even if she make attempt for.
my query:-
1) how we can expedite the matter in trial court so that case shall finish early. desertion will increase more bitterness, and equally dont want to solemanise the matter, if my Daughter -in-law filled the frivolous case on us let she clear her points.
2) how we can go for life long protection for the family after the case as she has to stay with her husband along with child whereever she want.
thanks in advance
Anonymous
16 December 2011 at 17:58
Two different police challans are presented in the court of a magistrate of 1st class, one under section 326 ipc and the other under section 304 ipc. How the court will proceed in disposing of these cases?
Sonu Kumar
16 December 2011 at 16:55
Respected Sir,
This is Sonu Kumar. I am a freelance Corporate Speaker & Trainer. I provide my services to the organizations like Corporate Houses, NGO’s, Direct Selling Companies, Schools, Colleges or any Educational Institutes and Clubs etc and take fees for the services just like any motivational speaker. E.g Shiv Khera or any organizations call celebrities in their organization to promote their sales. So I provide my services in the form of trainings, lectures, speech, workshops and seminar. I provide my services in three types:
1.Motivational Speech/ Talk
(In Conference/ National Convention/ Grand Gathering/ Annual Function/ Seminar)
2.One Day Training
3.Three Days Training
I have been in this field since last 5 years and I started working as freelance motivational speaking and training since my age of 20 years. Initially since it was my learning stage in this career so I did not used to charge any fees for the services provided by me but since last 5 years I take fees from the organizations wherever I have provided service. Since I am a freelance Corporate Trainer, any organization can hire my services at the cost of my fees which is Rs 25000 per day. However, my service is only limited to the speech/ talk or training I provide which includes Skill Developments, Personality Development, Life Coaching etc and I am not legally related or bound to any sort of activities of any organizations nor legally involved. My job is only to develop skills of the people related to the organization who hire my services, however, it’s not my job to study or look into company’s any other activities.
Now there was a company who wanted my services to develop their employees and associates skills. And it was mutually decided between them and me that I will provide them my services at the fees of Rs 1 Lac per month since per day charge was not affordable to the company. So they will arrange meetings as per my schedule as I had meetings in other organizations too. And for first five months this company paid me for my services but in June & July this company said that they will not be able to pay but surely will pay in August. But in last week of August this company owners were not reachable and vanished completely from the market by taking all their investors and associates money. They also did not provide my fees.
Now these investors and associates are thinking that I was also involved with these company owners due to the celebrity kind of treatment was given to me by the company owners. However since these company owners are not reachable or accessible, the investors and associates are troubling me and started taking legal actions against me in the form of Police Complaints. My role was just to enhance skills of the employees, associates and I nowhere was involved in the companies any activities. However i never have to sign any legal document with any company. Still they are troubling me... I am very Tensed and depressed. Now what should I do as it will spoil my career to become Freelance motivation Speaker. What I should about the complains people have registered against me?
Please guide.
AAK
16 December 2011 at 15:35
Experts pls guide.
A partnership firm has filed Private complaint against MR.X u/s 420, 406 alleging misappropriation and the has been referred by the court for investigation and to register FIR. Now the firm is intending to give an advertisement stating that "Mr. X has cheated us and misappropriated money. The firm has registered complaint against Mr.X and no body should deal with such person." Which includes a photo of Mr.X.
Dear Expert,
My question is can this advertisement amount to defamation? can action against the newspaper can be taken?
YOGESHWAR.
16 December 2011 at 14:53
Any advocate practicing in this town may please give the procedure bail, appearance of out of town accused in NI 138 cases.
This is a bailable offense but procedure for bail differs from place to place .
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138 ni act
sir
i gave 3 cheques to a party inmay 2008 with amount filled and dated cheque no 523522 and 23 ideposited by the party and after that date cheque no 523528 523529 were also given to the same party in august 2008 due to some dispute we closed business with that party and now after 3 years cheque no 523521 is bounced by that party and put a case u/s 138 ni act against me i am neerly sure that i put date on that cheque in 2008 than how can they file complaint in ni act and even if cheque was undated can they sue me u/s 138 as cheques bearing no after the sain cheques has been deposited by them in 2008
first date for bail bond iis in jan 2012 please suggest what to do