Neeraj Kaushal
20 November 2011 at 18:29
Respected seniors,
I have filed application u/s 126 of Cr.P.C. for setting aside ex-parte order passed in application u/s 125 of Cr.P.C. after the period of 2 years. Ground of application is that i have never received the summon of court and it is true also.
whether my application is maintainable . Exparte order can be set aside after the period of 2 years. Main case is fixed for arguments now , if my application will be allowed , whether i have right to file reply in main case and have right to cross examine the applicant and is their any citation of any court which would help me .
alleged
20 November 2011 at 15:29
IF THE MAGISTRATE IS OF THE VIEW, THAT THE COMPLAINT MADE BEFORE HIM DOES NOT MAKE OUT A PRIMA FACIE CASE.
1.CAN WE ASK FOR FURTHER ENQUIRY AND EVIDENCE AS PER SECTION 202 CRPC ?
2.CAN WE MOVE AN APPLICATION UNDER SECTION 91 CRPC TO CALL UPON CERTAIN WITNESSES AND THINGS/EVIDENCES REQUIRED FOR THE PURPOSE OF ESTABLISHMENT OF ACCUSATION AT PRE SUMMONING STAGE ?
3.UNDER WHICH CIRCUMSTANCES & AT WHICH STAGE, MAGISTRATE HOLDS AN INQUIRY AND HOW IS IT CONDUCTED ?
Anonymous
20 November 2011 at 14:41
A case was pending in the high court between punjab wakf board and opponent party.High Court Issued Status regarding possession be maintained.Now so called muslim leader started cutting the tree and demolihing the old wall.Will you pls guide me whether contempt of court proceeding can be filed against the so called leader and where it can be filed in the high court or civil court
Anonymous
20 November 2011 at 13:13
An advocate has made two voters card of the same name on 2 different addresses.Who can take action on it .What is the law for it.whom we should inform about it.He may be misusing those two cards of two different addresses.
Anonymous
20 November 2011 at 11:29
A case was booked by a shareholder in the trial court against her private limited company in the above mentioned IPC sections, the evidence provided were the balance sheets and her statement. (Complaint case).
The bailable then the non-bailable warrants were issued against the directors and the auditors of the company.
The company now went for a revision in 397 to the district judge and within one hearing a final order was passed in their favor, without scrutinizing the shareholder victim's statement or the evidence.
The shareholder challenging that went to the High court under 482, and the hight court converted the appeal under criminal revision defective, and the case is pending in high court.
My Question is:
1) The lower trail court will continue with the case as it is or dispose the case as there is no stay of the district judge criminal revision judgement by the high court, if so is there a ruling anywhere?
Mohammed Rizwan Shaikh
20 November 2011 at 01:31
We (Applicant 1 & 2) would like to bring this to your notice that we had taken a loan of Rs. 50000/- from Sunder Co-Operative Credit Society, Halav Pool Branch (Mumbai). We were informed by the executive that we will have to deposit 25000/- and take 50000/- and the rate of interest will be calculated on the 25000/- only from the said society. We were alos informed that you will be provided with the Share Certificate and also would be eligible for the lucky draw of Maruti Van. We, agreed to the terms and received the amount with the deduction of the first EMI and the stationery charges. Later, when we were not provided with the Share Certificate we approached the Manager and inquired about the loan again. We were shocked when he said that the interest will be charged on the full amount of Rs. 50000/- which means that we have to pay interest for our deposited amount, which was unbelievable and unacceptable for us. If we deposit some amount in bank, the bank pays us the interest and that’s how it works. We denied paying EMI’s and approached the Chairman of the Sunder Co-operative Credit Society.
We informed the Chairman Mr. Arun Jadhav that we have been duped by your Executive and the Manager, thus we deny paying the EMI’s and also asked for the return of our deposited money 25000/- respectively. After our discussion with Mr. Jadhav, he said that you will have pay Rs. 50000/- resp. and we will return your 25000/- to each of you. Later he suggested that what you can do is pay 25000/- resp. and close the matter. We agreed with Mr. Arun Jadhav and started paying the balance amount of 25000/- in parts and paid the full balance amount of Rs. 25000/- respectively as we were not in a position to pay the whole amount in a single shot.
Applicant 2, didn’t inform his parents about the loan amount, due to the fear of being scoldings, he used to keep his receipts of the payment with Applicant 1 who was residing Mumbai too.
As the matter was closed we tried to approach the said society in order to get the statement of the paid amount. We were informed by the local people that the bank has been closed as Mr. Arun Jadhav passed away due to financial crisis and bankruptcy so there’s no one to run the said business.
Now in 2010, few people got up and started harassing us by demanding the money from us. We are being asked to pay 75000/+ each. As the Witnesses 1 & 2 works in BMC school, they have started sending notices for the deductions from their salary. They even started deducting Rs. 1500/- from Witness 2 salary. Applicant 2 went to Applicant 1 in order to get receipts of the payment done to Mr. Jadhav, but unfortunately the Applicant 1 was residing in the low lying area of Kurla which was fully drowned on 26th July 2005 and they lost all the documents alongwith many other valuable things.
We were not the only one who were duped by the said society there are many people too. You can also find the information of the fraudulent activity of the said society on the website www.consumercomplaints.in and www.consumercourt.in
sridhar pasumarthy
19 November 2011 at 23:47
Respected Experts,
Cheque issued by wife for the discharge of a legally enforceable debt contracted by her husband, was dishonoured.
can the wife be prosecuted u/s 138 of NI Act.
pls provide citations.
Prashant Deshpande
19 November 2011 at 21:58
I am working as Govt servant. one news paper has published a news containing my name that I used to collect "Hafta". which is personally insulting to me . there is no such evidence occurred , can I file defamation suit against the news paper and concerned representative of the paper?
vinod bansal
19 November 2011 at 21:22
R/Experts
Kindly provide me any citation of Apex court in which court held that non mentioning the name of eye witness in site plan is fatal for prosecution.Thanx in anticipation.Regards
Vinod Bansal Advocate Jind
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