Rajat sahotra
23 October 2011 at 13:10
A complaint under section 156(3) of Crpc was filed in the Court of Add. CJM.
The resolution of authorization of the company employee who is Operation Assistant has been Signed by the Company secretary of the complainant company.
Now the judge says this authorization by board of directors resolution of the compapny employee has been signed by the company secretary and not by the board of directors...and there is no name of board of directors is mentioned in the resolution therefore its not valid to maintain or file the said private complaint.
I argued that to be valid but the judge asks to show him the law point or the rules where company Secretary can sign the board resolutions....
therfore i seek the help f you esteemed experts on this valuable help site that where can i find a citation or rulings in respect to Company secretary signing the board resolution is valid in courts.?
Ram Sowrya
23 October 2011 at 12:16
A1, charged with 498a. Case 1 year old.
In First appearence Charge sheet taken. Further A2 got interim stay till quash.
Query:
A1 can file a petition [U/s 317 CrPc ] party in personal for dispense till trial starts.
i.e from second appearence ownwards
Anonymous
23 October 2011 at 11:53
after supreme court order to add section 302 with 304-b.with all the persons on regular bail from high court.....the charges are framed on them..... now should all the person should apply for bail in 302 or there's no need of getting bail.
is there any law in books that there's no need of getting bail in addition or alteration of charges.
mayankkumar
23 October 2011 at 11:03
if any is abusing and using filthy language on mobile phone i want to know which section this case will be charged in I.P.C ???????????? pls tell me
Anonymous
23 October 2011 at 10:18
Hi
COMPLAINT (BANK) U/S 138 OF N.I. ACT IS INCIATE AGAINST ME EARLIER, I HAVE TAKEN THE BAIL FROM COURT, AFTER THAT BANK NEGOTIATED WITH ME THE SUM AMOUNT I WILL HAVE TO PAY, I GOT THE APPROVAL FROM BANK REGARDING SAID MATTER, BUT I FAILED TO PAY DUE TO FINANCIAL PROBLEM NOW I GOT A NOTICE FROM THE COMPLAINT THAT u/s 406 & 420 ACT INCIATE AGAINST ME IF I WILL NOT PAY WITHIN 5 DAYS.
EXPERT PLEASE SUGGEST ME WHAT SHOULD I DO, I WILL NOT ABLE TO MAKE THE PAYMENT ONE TIME
Anonymous
23 October 2011 at 01:03
Dear Friends,
I have been involved in a false case of ipc 500 because of giving a complaint to a police of my sales dealer upon whom I had filed a 138 ni private complaint. It was in a counter blast that he had filed defamation case upon the police complaint to me. For more than 1 year I was only going to Court and lawyer only taking per date fees. I read a lot and then my friend told me ab the website. I search on it and find that no section of discharge is available if it is a summary triable summons case instituted on a private complaint, i consulted many lawyers and they told me no section, only 482 High Court Crpc to quash it. Now one (good) lawyer (i suppose) says that you should use 251 crpc for discharge, because the statement of the complainant was recorded and statement of his wtiness was recorded and court summon to you u/s 204 crpc. Next step in trial is to frame a "notice" or frame a "charge" against you. If you can show by the circumstances in the hand that no notice or charge can be framed against you then it will not be framed and the trial cannot start and you will have to be dischraged. This statement of his has given some mental balance to me but all the good lawyers with correct legal knowledge tell me whether this step is correct or not to show the evidances in hand that makes it show to the court that "prima-facie" itself no case is made out under the sections and thus no charges can be framed for that sections. Please please please advice me correctly for this.
Anonymous
22 October 2011 at 22:55
If a person is already on bail u/s 304-B, and charges are framed on him. trial is going on,,,, now what he will do after supreme court order to add section 302 to the charge of 304-B..should he move to high court for his bail or there;s no need of the bail.
Anonymous
22 October 2011 at 21:20
no document evidence available and we want to produce witness evidence.
is the name of eye witness of loan transaction is necessary in complain witness list at the time of file of case.
can we produce the witness name during trial and ask for his witness?
Anonymous
22 October 2011 at 20:37
a apply for search warrant u/s 97 crpc, to get custody of his wife, who is entice and keep away by b person. but court before not issue direct search warrant but issue a notice to b,to appear in the court particular date with the lady, b manage police and refuse the service of such notice but, this fact is not on writing and record what is any other leagle option for it? or it is mandatory for court to issue a notice befor issue a search warrant? we have any option that we get serarch warrant without another notice? or service of notice is required for search warrant?
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Psi not giving statement
the psi had taken our statement of my and my wife and i had applied through RTI, but still i didnt get, i then made an first appeal and meet the dcp but still i didnt get our statement...what ever we were tell ing that psi while he was taking the statement he was not writing, he was making his own story and now he is denying in giving the statement...what can be done....i have applied for second appeal but that will go for years....
that psi was bribed and so he was taking the oppostion side......can he be taught a lesson, please help me....