Anonymous
15 October 2011 at 20:20
Private complaint. Witnesses summons served. Witness not appeared. Warrant ordered to appear on 1.10.2011. Police received the warrant on 25.09.2011, but not executed it. The case is adjourned to 25.10.2011.
Is it necessary to get a fresh warrant or the old warrant is sufficient?
m.v.prabhakar
15 October 2011 at 20:13
Shall be obliged, for the following clarification by any learned experts.
1. Is it necessary that sec 120B of IPC should always be associated with any other punishable sections like 420, 468, 471 etc.,either at the time of framing of charge or at later date by judge.
2. Can the Sec 120B of IPC be singularly be associated with 13(1)(d) of PCA.
3. Can the prosecution seek charges only under 120B and 13(1)(d). If so, can it sustain during framing of charges in view of conflict on minimum terms of punishment mentioned in these two.
Jolly James 9447287658
15 October 2011 at 19:59
A person given a written statement to de facto complainant that donations are handed over to X. Now only I realized that the money was not properly accounted.
Based on the written statement de facto complainant filed a private complaint and forwarded to police U/S 156 (3 ) Cr.P.C. During the investigation it revealed that the person who given the written statement also committed offence and charged along with X.
Whether the prosecution can mark the document in trial.? Is it against law? Under what provision please help me
Anonymous
15 October 2011 at 19:09
Hi Experts
I have filed a tax evasion petion against a person on Aug 2010 and thereafter i have filed an RTI to ITO to get the status(jan 2011)
i recevied a letter from ITO to submit the proofs in respect of TEP
i have submitted all the proofs and they replied that they will provide me the infromation once TEP enquiry will over
After three months i got reply from ITO that information cannot be provided under section 8(i)(j)
(ITO has not applied section 8(i)(h))
After that i have filed a First appeal,FAA has order ITO to provide all the information
After FAA order i have recvied a reply that
enquiry in not yet completed and will be completed by 30-09-2011
After this i have again(on 5-10-2011) asked ITO to provide info. but he is saying that
enquiry is not yet completed
HE is simply denying information
Could you please let me know is there any time limit to complete TEP?
how i can proceed on this to get the information,(i came to know that ITO has recveied some illegal money from that party) ?
Thanks
Anil
Anonymous
15 October 2011 at 18:23
is it manadatory in indian law to submit the list of witnesses at the time of filling a complaint before a court
Anonymous
15 October 2011 at 18:15
is it necessary/mandatory to submit liat of witnesses at the time of filling a complaint in a court
Anonymous
15 October 2011 at 17:37
a male of age 85 yrs convicted for life, was released on parole and reached home @ 7 pm n died naturally @ sometime midnight. found dead in the morning and brought to the hospital for PM examination.
Is it custodial death in which PM has to be done @ medical college by forensic experts and recording is compulsory,
or it is routine death and not to be considered as custodial death?
arun kumar gandhi
15 October 2011 at 15:42
i had issued two blank cheques on 05-05-09 and handed over to the rpresentative of the company who issued receipt on the order sheet itself. there was no outstanding on the date on my account. the company after my telephonic consent encashed one cheque and kept the other blank with them. the second consignment was of the worst quality and so we refused to unload it but the company thru email accepted the bad quality and appearance of the material and asked us to wash the material and sell the washing charges to be borne by the company. but afterwards the company denied of it. thus on 20-10-09 we aked the company to lift back the unsold material after settlement of our account and instructed them not to use the blank cheque with them as we are returning the material.the cmd of the company assured us thru email thrice that within no time will lift back the unsold material. but didnt do so. on 7-11-09 after discussions on telephonic call recd. from the cmd we cancelled the cheque instrucetd the bank and informed the company thru email refering the telephonic discussions. we repeatedly stressed thru email for the lift back of the material after the settlement of our account. on 19-12-09 we recd. email from the company that as their prices are high and so resend the material kept with us on frieght to pay basis to their nagpur plant. we immidiatly asked for assurance of thr settlement of accounts after the delivery of the returned material and asked them to send us back the blank cancelled cheque. they did not replied to it. after waiting for ten days we uploaded the material and sent it to nagpur plant. on 30-12-09 we came to know that the blank cheque which was cancelled approximatly two months back have been used by the company without any intimation and the same have been returned unpaid "stopped by the drawer"on 26-12-09. on the other hand the company returned the goods sent at their nagpur plant stating the it is not of their particular bill.
we smelled the conspiracy and immidiatly submitted a compalint on 01-01-10 with the local police, who didi not took interest to investigate it for four and half months.
in the mean time we received a legal notice under 138. which we replied within the fifteen days period stating the facts. but the company mamaged to register a complaint under IPC138 against us in nagpur courts without submitting the authority letter from the ltd. co. ther was not satement taken and no other mandatory rules followed but the case was registered against us.
on the other hand no sooner the case against us was registered in nagpur the police recorded my statement with evidences of 49 pages emails etc. to fulfill the procedure the statement of cmd was taken which was totally false stating that the said cheque was issued by me duly amount filled. on this basis without crossing it to my submissions rejected my complaint.
i submitted again the compalint to csp who after studying my complaint issued written orders to the concerned TI to register FIR against the accused company directors. but surprisingly the TI refused to do so. to sterngthened his reply submitted a managed review of the precectoin dept that the compalint is of civil nature and if i wish can proceed against the company under sec.138
thus requested to kindly advice and inform me the higher courts proceedings in such type of cases for section 420 and 406.
thanks
arun kumr gandhi
9303203346
Anonymous
15 October 2011 at 13:39
Respected Experts,
I am a complainant and filed a case under sec 138 of N.I Act and now the accused exhibited one fake and fabricated non registered mutual understanding ( which is prior to 4 months of funds transfered by me to accused account and 16 months from the issuance of cheque by the accused in my favour ) containing two pages of Rs.5/- stamp paper each in his own hand written,without any witness along with my forged signataure . That the said two pages of stamp paper is purchased by the accused on behalf of a bank who is not a party .The next date is fixed by the Hon'ble Court for cross examination of accused by complainant.
You are hereby requested to be kind enough to furnish me the question to be asked to the accused , procedure for establishing the mutual agreement is a fake, fabricated and afterthought document and for your other opinion in this matter. Thanking you and awaiting your an early reply.
With regards,
A.K.Dash
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Citi bank credit card
03 May 2010, the outstanding on your card stands at Rs.38012.37.
We also wish to inform you about the legal status: The bank has chosen to initiate civil/ criminal action for the lawful recovery of the outstanding amount on your card account.The bank shall hold you liable for all costs as well as interest incurred in this regard.we shall be constrained to initiate Criminal prosecution and Civil action(s)
against you. This is without prejudice to any other rights available to us under the Settlement Agreement and / or applicable laws.
what can be done i am poor i cannot afford to pay i have only used 7000/-and they are demanding Rs.38012.37.
they even sent recovery people to my house and threaten to pick up my furniture tv fridge and so......
please guide me and advice me please