vijay singh Mob.No 9621707070
11 December 2011 at 17:41
Res. Sir
The case is registered u/s 406,506 ipc on dated 03/08/2011 as the matter of transactions of amounts but till today the charge sheet has been not been filed.
1) Is there any citation for bail regarding to time as more than 90 days.
2) Can magistrate give the order for bail?
3) Why Magistrates ignored to pursue to grant of bail?
4) Is there any citations to bound the magistrate for granting the bail in such simple offense?
The accused is not in police/judicial custody
He just Known through Police report which was filed in the concerned magistrate court
Thanks
Anonymous
11 December 2011 at 17:28
Sir, A person is making false complaints against me in Police Station regularly. On call of Police I attend the Police .Police takes my written statement. I request the Police to give me a photocopy of the Complaint, but the Police says that you can read the complaint but the photocopy of the Complaint can not be given to you as there is no rule to provide the same. Whether the Police is saying True? If yes, then how can I Complain against the complainer that he is Harrasing me?
Anonymous
11 December 2011 at 14:46
Dear Sir,
Suppose a company undertakes the construction work of a road. And during such construction, an employee of the company accidently comes in contact with a naked electric wire of a machine being used for the construction of the road and he dies due to the electric shock. No rashness or negligence is initially alleged against anybody whosoever.
In the above circumstances, the dependents of the employee can very well claim compensation from the company. But please let me know whether they can prosecute the directors/managers of the company under section 304-A of the IPC as well.
SANJAI KUMAR SINGH
11 December 2011 at 14:22
I was imprisoned for Life by a Sessions Court under Sec302 of the IPC. This was subsequently reduced to 7years by the High Court under Sec304A,and I was released from jail on completion of Sentence. Subsequently I was asked to pay Compensation of 5 Lacs to the Deceased’s family by another Court under the Fatal Accidents Act. Does this not amount to a case of ‘Double Jeopardy’ (Art20 cl3 of the constitution of India) in that I am being punished twice for the same offence ? Am I duty bound to pay this amount of Rs 5 Lacs to the affected Family as awarde by another court? Please advise.
Anonymous
11 December 2011 at 12:47
hello friends,
in a case Mr. A is doing business of property, and MR. B contacted him for purchase of property in delhi, and MR. A made an agreement with MR. B for purchase of property in Delhi for Rupess 10 lacs and further in the same agreement agreed that Mr. A will sell this property again to a Third Party for rupees 20 lacs in few months. MR. B deposited rupees 7 lacs by way of cheque and cash ( there is no receipt for cash) to mr. A and obtained a ACCOUNT PAYEE cheque of rupees ten lacs (10 lacs ) from mr. A as security cheque, Mr. A gave that cheqe on a condition that it is as security without writing name of mr. B but only write amount (20lacs) and date and signed this cheque. lateron MR.B did not fulfilled the agreement and did not deposited balance amount of three lacs and breached the agreement and blackmailed MR. A for paying him 20 lacs, MR. A refused and then MR. B in connivance with his son MR. C, by writing name of MR. C on that blank ACCOUNT PAYEE cheque, presented that security cheque in bank (in account of MR. C) and got that dishonored 2-3 times, and then MR. C (who was not a party to agreement and was stranger) gave a legal notice U/s 138 to MR. A, and MR. A did not repy to Mr. C but gave a legal notice to MR. B for fulfillment of agreement, but MR. B did not file any reply and MR. C ( Son of MR. B) filed a complaint against MR. A u/s 138 NI Act, now what is remedy and defense before MR. A, any citations, judgement please
Anonymous
11 December 2011 at 12:30
WHETHER DEMAND IS NECESSARY IN NOTICE TO CONSTITUTE OFFENCE UNDER NI ACT
Neeraj Kaushal
11 December 2011 at 10:33
crime in question u/s 324 of IPC committed before amendment in Cr.P.C., It can be compounded after amendment by taking plea that when the crime was committed it was compoundable.
Anonymous
11 December 2011 at 09:43
Sir,
it is a case of illegal arrest and detention. COuld some one suggest me the best way to go about this. There has been negative response from HRC when I had written to them that there are no ground to itervene. The SP of police has til date not taken any action on my compliant.
Regards
Anonymous
10 December 2011 at 22:27
Sir,
Is restrospective effect is applicable for Domestic viloence act ?
If husband and wife are living separately for more then 10 years ,shall the wife can file case under domestic violence act now.(They livied together from the date of marriage (Aug'1998) to APR'2001 (wife left the matrimonial home volenterly due high level of differnce of openion with husband).
But after she went from home, husband file divorce case on the grounds of desertion during 2003, and immediately wife also filed RCR and she got favourable order. Againt husband gone for appeal in district court, and thereself,she got order in her favour during 2007. Further,husband gone for appeal to high court during 2009, and it was kept pending till date.
In mean time, during 2005, she file maintanance case under 125 crpc and got the order in her favour and accordingly,she got the maintance amount till 2007. After that, he has not collected the amount by way of collection petition.
This is the situation, how to come out from the above issued.
How to face the DV ACT Case.
How to wind divorce case.
I am ready to pay the maintanace,as per 125crpc order for last 1 year only.
Seeking for valuable suggetion in this regard.
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Tenant paying guest ipc 452
Hello Lawyers,
If a criminal trespass is commited on a tenant/owner residing on rent in a house then the case can be registered under ipc 452.
But for the same can a paying guest be called a person in possession of the house and whether he can claim criminal trespass regarding that.
Recent Andhra pradesh high court ruled in a judgement considering the grounds of the crpc 320 that if the trespassed was done against a person other than a person in possession of the flat it would not be a criminal possession.
Case is pertaining to Mumbai.
I read the Mahrashtra rent control act section 5 which does not include paying guest as a licenscee. I read another article on the net.
On a judgement of Supreme Court it has considered the position of paying guest like a lodger.
So...considering these points can it be deduced that a paying guest is not in possesion of th property and as such ipc 452 cannot be applicanle to criminal trespas against him.