Anonymous
07 December 2011 at 10:59
Hello,
I have few questions and need answers urgently.
1.I got bail on 14th October and it is 8 weeks conditional bail.so when does it ends?after 2 mths thats 14th December or 9th dec thats 8 weeks.(Is 9th also counted in that?)
2.I have to submit solvency certificate which i am not getting after trying for 2 months.i am on bail of 1 lakh.i have deposited cash.i have read some forum and told my lawyer about fixed deposit but he said court wont accept that.solvency is must(he is very known and reputed lawyer and this case is in killa court.)
so is there any other way out for this?
3.is it ok if i arrange solvency certificate of property in Gujarat?is it valid?
4. tomorrow we will apply for bail extension is it too late or just before one day it can be done?how many days more we will get in extension?
5.can we apply for bail modification at killa court?
6.what are the chances of me getting arrested on 9th if none of this happens and is there any way to get out of it.shall i apply for anticipatory bail?
Please answer this asap as i need to proceed things in day or two.
Anonymous
06 December 2011 at 23:30
Hi
my 498a case is still in progress while I want to purchase property under my name. will it be safe? what are the consequences if I do so?
she did not get any relief from her maintenance appeal as she is the owner of property and getting rent.
please advice
v sai vamsi vardhan
06 December 2011 at 21:11
Is citizen charter constitutional or is it justifiable in the courts of law??
Anonymous
06 December 2011 at 19:15
Hi All
My wife filed a false dowry case against me in her native place where marriage took place.While investigation IO has transferred to case to x place where we were staying.IO took SP & Local court approval also.Now Opponent has filed a case in high court to transfer back the case to her native place creating that most of the evidences are from native place and her parent are older age.Now how can i fight against this.Pls send any supreme citation related to this and now she has enrolled to BE in some other place.
Anonymous
06 December 2011 at 14:16
whether a criminal complaint (not a state case) can be withdrawn by the complainant in which cognizance u/s 376 has been taken by the court. the accused has been granted Anticipatory bail as nothing concrete has been found against him. the occurrence is said to have taken place in the year 2002 while the complaint was filed in 2007. neither the medical has been produced nor any other material evidence/ witness is there. cognizance has been taken only upon the statement of the girl. all other sections viz. cheating, forgery (business disputes) were dismissed by the court. now the parties have reached on a compromise through mediation process but the problem is that court is asking for supporting judgments whether the complaint can be withdrawn? There is minimal chances of the complaint being quashed by the High Court if the quashing course is adopted. the case is at committal stage. what other course can be adopted in this situation? kindly cite the judgments allowing withdrawal of complaint.
ksvrajuadv
06 December 2011 at 12:10
Hi experts,
I need ur kind help in 138 NI Act case,I am from accused side.He is milkman & complianat is proprtier of sweets business.Accused sold milk to complaintant sweet shop.Brief facts of case as follow:accused borrowed moneyfrom complinant on 16/5/05 of Rs 42,300/ by way of cheque & the said cheque was duly encased by accused & accused was agreed to make payment of Rs 45000/ alongwid interst after 18 months & in discharge of his legal liabilty he issued post dated cheque of Rs45000/ dated 14/11/2005 & it hand over the compalinant on 14/10/2005.This statement was according to complaint but accused stated that he gave blank cheque as surety widout any amount,date,signature.compliannat herself filled date,sig,amount.In complaint,complainant stated thataccused approched her before the said date 14/11/2005 & request her not to present cheque & he revalidated & change the date 14/12/06.But she herself add another date put signature of accued,then she presented thesaid cheque on 13/06/2007,which was bounced due to insufficient funds,then she sent legal notice through her counsel on 2/7/07 & filed complaint on1/8/07.complianat did not produce any documentregarding borrowed money of Rs 42,300/ which she gave to accused.Complainant also gave POA to her reletive to contest the case.Now case is pending to cross of complainat,two bank official witnesses & their cross done by previous counsal of accused.Plz suggest me what is our defence under these facts & what types of questions may I ask to complainant on cross examination & can this case go favor of accused ? How can we observe thatvalidity of cheque?Is this case of time barred debt? Plz reply soon,it is very urgent matter.
Thanks in advance
Anonymous
05 December 2011 at 22:24
Hi Friends,
My sister married in the year 2009 to boy who is citizen of Malaysia & living wid his whole family in Malasis.Their behaviour against my sister was very cruel.They have no issue,now my sister came to India in the last two months,they people never contacted my sister,now she want divorce under HMA & maintance u/s 125 crpc.They do not have any property in India.Kindly suggest me what is the procedure for it.Can she get even permanent alimony instead of maintance u/s 125 crpc.Please explined all provisions & procedure very elobrately
Thanks
Anonymous
05 December 2011 at 20:50
Dissolution of partnership and 138 N.I.A
Partnership dipute, retiring partner coerced and got frivolous cheques from the retaining partner. The cheques legally not of enforceable debt. Dozen complaints filed under section 138 NIA .
1. Complainant filed his chief by way of affidavit and despite the list of various witnesses he withheld did not produce any witness.
2. Various adjournments were granted in expectation of possible compromise.
3. Subsequently cross examination of complainant started. Before starting the cross examination, trial court magistrate suggested to conduct cross examination in one case and copy the same in remaining all the cases.
4. Cross examination extended beyond the court time and was deferred.
5. Court gave various adornments, and the jiminy orders were written as cross examination but actually court staff was busy copying the cross examination of the complainant. This kept on happening for 5 months.
6. During this time the complainant kept on closing his evidence one by one in all the cases.
7. After 5 months left over cross examination was conducted. And the coping procedure carried on for 4-5 months during this time again adjournments were being granted the jiminy orders read adjournment for statement of accused and DW’s.
8. 20 days after the left over cross examination complainant closed his evidence in last one case and tendered two vital documents exhibits (balance sheets) by misguiding the court and the accused.
9. Accused statement under crpc 313 were also being copied in each of the case and by chance in accused came to know of those two vital exhibits in the last case.
10. Meanwhile list of dw’s was submitted in all cases and 6 witnesses were summons were issued only in one case.
11. Application for recalling complainant under CRPC 311 filed in all the cases with a request to adopt the ongoing procedure and copy the same cross examination on these two viral documents to all other cases.
12. Instead of considering the CRPC 311 application court said first go ahead with the DW’s. In the meantime I will hear the arguments on the application. Meanwhile three of them were examined. These were again copied in all cases.
13. Magistrate was transferred.
14. After two months new magistrate heard the arguments in the application under CRPC 311.
15. Complainant refused in court that he has never consented for the copying procedure.
16. Application was allowed in the last case in which the two exhibits were tendered by the accused. And the similar applications in all other cases were dismissed citing “that procedure of copying is unheard in law”.
17. In revision of these orders the accused approached High court where the application was withdrawn with directions of the high court stating as “Tender the certified of copies of these two documents in all cases and again move the application under section crpc 311”.
18. The accused did as above and the applications were filed in all but case, which were again dismissed citing reasons:—
1. That the re-cross examination has already been allowed in one case where the complainant filed the vital exhibits..
2. No such documents were filed by the complainant in remaining cases.
3. There is not order for connecting the said cases on the court file.
4. Process of recording the evidence in one case and copy the same in another unconnected case is unknown to law.
5. There is no law which can compel the complainant to produce those documents in all the cases.
6. The conduct of accused shows that the purpose of filing this application is just to delay the proceedings and has already taken 20 opportunities.
MY CONTENTIONS:—
1. I HAVE NOT SEEKED ANY ADJORNMENT AND NOT ANY APLICATION FOR EXEPMTION FROM APPEARANCE WAS EVER FILED. IF MY PURPOSE WAS TO DELAY THE PROCEDDING I COULD HAVE OBJECTED TO THE COPYING AND HAD LET THE EVIDENCE ALL THE CASES ONE BY ONE. ALLOWING OF COPYING SHOWS MY CONDUCT AND COOPERATION WITH THE COURT.
2. TILL WHEN COPYING WAS HELPTING THE COMPLAINANT HE LET IT HAPPEN AND WHEN IT GOING AGAINST HE STARTED REFUSING THE COPYING PROCUDURE.
3. THE DOCUMENTS ARE ACTUALLY STATEMENT OF ACCOUNTS WHICH CAN PROVE WHETHER THE DEBT WAS ENFORCABLE OR NOT AND WERE THE CHEQUES ARE IN DISPOSAL OF LEGAL LIABLITY ?
PLEASE GUIDE AND HELP ME.
THANKS TO ALL OF YOU READING AND HELPING ME OUT.
Anonymous
05 December 2011 at 19:39
Dear Experts,
My friend inlaws filed 498-a etc on my friend not only 498 almost 18 petetions have been filed on my friends but all those petetions have been dismissed by the Hon'ble court including some of the petetions have been dismised by Honble High Court also again he filed 2 false petetions on my friend . The problem is that inspite of this chains of false allegations neither the honble magistrate have taken any action on my friends inlaw and more over he is doing sympathy on him stating that he is Party in person (He dint appointed any advocate) thats true he is PIP but filing false allegations and still some petetions are there in queque to file against my friend.
is it true that PIP have full right to misuse the law on only exception that he dont have knowledge of Law.. almost from past 5 years he filed hell numbers of false petetions pls suggest can we take any action against my friends inlaw so that infuture he should not harass again. My friends lawyer he is also saying that if PIP the law is also helpless we cant do any thing to him....is it true. coz for every petetion my friends lawyer is getting not less than 20 k from my friend to defend the case . Pls suggest how can he get out of this Hell and his inlaw.
what are the cases we can file against that cunning bas***d inlaw who is simply playing with the law and the poor magistrate is helpless stating that he is PIP we should give fair chance... if this is the scenerio i think its better to be PIP instead of apointing the advocate.
experts pls advice how can we screw that bl***dy inlaw and to get fair justice.
AFTAB
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Poa cancelled
sir, we are runnig finance company and we given loan for a person against his registered agriland poa for Rs.700000 lac after that he vanished and didnt pay any intrest last one year now its principle and int Rs.9,00.000.00 we demand the payment he refused to settle and without our knowledge he cancel the poa and we have his blank cheque and promissery note and all related documents wat can we do? pls advice us