Anonymous
17 November 2011 at 13:14
I have filed a complaint u/s 138 NI Act which is pending. accused appear and filed an application along with his 10th class mark sheet and saying that at the time of filing of compliant and also at the time of transaction he is a minor and therefore complaint is not maintainable.accused and complainant are friend and accused borrow 2 lakh for starting his business and for return the money he issued a cheque to complainant.at the time of transaction complainant don't know that he is minor at that time.is there any judgment on this point that still complaint is maintainable.
Adv. Hemant Bhand
17 November 2011 at 13:02
Hi team,
One of client has been charged under section 420 and 34 of IPC for cheating Municipal Corporation.
Brief story of the case :-
My client was registered supplier of Municipal corporation. He got the order for supplying material and he had supplied the material as per order. After 15 days the said complainant came to know the material supplied by the supplier/accused is of inferior quality. After receiving the letter from corporation the said accused immediately supplied the new material to the corporation. Despite of this fact, the corporation lodged a criminal compliant. Please support your answers with relevant cases laws of Apex court and Bombay High Court only.
corporation the said accused immediately supplied the new material to the coporation. Despite of this fact, the corportation lodged a criminal compliant.
Please support your answers with relevant cases laws of Apex court and Bombay High Court.
Regards
Adv. Hemant Bhand
Anonymous
16 November 2011 at 23:14
Dear experts,
I am not able to understand the S.482 of Criminal Procedure Code which is named as "Inherent Powers of High Court". The wordings of Ratanlal & Dhirajlal is quite confusing.
Can anyone of u pls explain what is contained in that section?
Raunak Gupta
16 November 2011 at 22:52
Hi Expert,
I have been convicted last year(for 5 yrs RI) in one case.For this, one appeal is pending in DHC.
Also nine others cases have been decided recently in Tis Hazari.(3 yr RI)
All these 10 cases arises from same FIR.
Same sections,same DWs,same PWs,same accused same respondenats.
Now I will appeal against these 9 cases in DHC. So I want to know
1.) Whether all these 10 cases will be heared combinedly in DHC or not?
2.) The time I have spent in first case(more than 1 year) in JC will also accomodate for other 9 cases or not?
Anonymous
16 November 2011 at 22:39
WHETHER CHARGE SHEET HAS ANY EVIDENTIAL VALUE IN ANY PROCEEDINGS PARTICULARLY WHEN IN CASE A FIR IS FILED AGAINST CA AND ALSO COMPLAIN WITH CA INSTITUTE , CHARGE SHEET FILED AGAINST CA , AND DISCIPLINARY PROCEEDINGS ARE IN PROCESS, WHETHER COMMITTEE HAS TO SEE THE EVIDENCES OR THE CHARGE SHEET. IN FACT THERE IS NO EVIDENCE IN THE CASE BUT THE COMPLAINAT IS GIVING THE CHARGE SHEET AS EVIDENCE, WHICH HE MANAGED WITH POLICE . WHAT THE EVIDENCE ACT SAY ABOUT THE CHARGE SHEET.
Raunak Gupta
16 November 2011 at 22:39
Hi Expert,
I have been convicted for 3 years in 9 cases in Tis Hazari (Same FIR in all the Crml. cases) on 15.11.2011.
I want to file an appeal in DHC.
Till what time I should File an appeal?
How much time is given to accused till when he should file an appeal?
manisha ajit joshi
16 November 2011 at 18:25
will the s.397 cr.p.c. applicable for enhancement of quntum of punishment u/s 138? have the sessions court powers to try revision?what is the court fee? I am for the complainant.
nishant
16 November 2011 at 17:27
1) when prosecution is not closing it's evidence by giving evidence close pursis & unnecessary/deliberaely prolonging matter what can be done by defence lawyer
2) Is there any citation or landmark case law on this point..........
Anonymous
16 November 2011 at 15:06
Dear Experts,
I got married on 20.06.2011 under special marriage act 1954.
Unfortunately in the midnight of June 22, 2011 my wife, (on the very first night of the marriage) created an unprecedented situation and tried to substantiate that myself is physically incompetent to perform my conjugal duties.
On 25.6.2011 relatives of my wife in fact harassed me & ultimately, I returned to my house whereas she stayed with her parents.
After that her father demanded Rs.10Lacs from my father as compensation & settle the matter out side the court other wise they suit a criminal file against us. They also forced us to accept "NULLITY OF MARRIAGE" in ground of impotency.
Mean while I went on some medical tests which proves that I am a physically competent to maintain a conjugal life.
On 27.07.2011 my wife surprisingly lodged a false criminal file against me u/s 498A/420/120B & Domestic Violence Act 2005 in the ground of impotency.
Fortunately, I absconded for some days to avoid get arrest.
On 19.08.2011 myself & my parents got bail from Ld.Court.
More surprisingly on 14.11.2011 my laws called my father to settle the matter. They want to withdraw the cases & suit a divorce file u/s 25 in the ground of impotency. But we did not listen to them & show our courage to face the cases.
On 14.11.2011 my charge sheet has been registered.
Now my questions are as follows:-
1)Can 498A & DV run simultaneously?
2)Should I go for discharge or quash.
3)What type of legal action we can take against my in laws.
4)Can we suit a divorce file on cruelty basis.
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Landmark citation for cases of ss 279,304a, 337 ipc
please tell me......
iam junior advocate, first i would like to thank everyone & especially Mr Makkad sir for helping & solving my last queries
facts of my case : In Maharashtra state for every year there is famous festival from aalandi to pandharpur of Saint Dnyaneshwar Maharaj. In Marathi all peoples called 'Warkari'who usually goes by truck, tempo & most peoples by walking travells such long distance
When incident took place 3 to 4 lakh peoples were going by road ,some were walking,some were traveling by truck,jeep or like vehicles. when accident taken place so many peoples were present. on the day of incidence accused was driving Tempo.,in fact there was no rashness & neglegence on part of driver.The women who was in mob came across the tempo & died after 10 minutes.Road full of traffic. Even if we consider driver was driving in rash & nrglegent manner,it is not possible to cause death of only single women, if road full of Warkari peoples
Iam defence lawyer. i want some landmark case laws/citation/suggestions which will definately helpful to acquit my client who is accused