aditya
14 October 2011 at 13:02
To all the Respected Advocates, we recently witnessed the disgraceful act of senior advocate Prashant Bhishan's beating, so which section of IPC does this act attracts? Can we say it was voluntary causing hurt under section u/s 323 of IPC?
bechu mondal
14 October 2011 at 11:05
suppose a man at his lifetime ,wrote on fullscape paper that if i die my optical shop will be handed over to my faithful labour who works and looks after my said shop as real owner. after death of said man his wife filed an application to the cjm,alipore police court praying for under section 156(3)Cr.P.C with under section 420,465 ipc.that i want to know that my opinion is in civil nature..is it right or wrong?????plz rply
Anonymous
14 October 2011 at 09:34
Bank account held by the Pvt limited company had three signatories x,y,z, empowered to sign independently.
The company issued (on 01.03.2009) a post dated (01.03.2011) cheque. It was signed by the 'x' director individually. There are other two directors (y,z). The 'x' director is only an employee, not a promoter, not a shareholder. y,z directors are promoters having 100% holding.
The 'x' director resigned on 01.12.2009. The cheque was presented and got bounced on 15.03.2011. Now the 138 proceedings is pending on x,y,z.
The company was wound up, the bank account was closed in Jan'2011.
Now what will be the liability of the 'x' Director. Any case law please.
Member (Account Deleted)
14 October 2011 at 00:03
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Member (Account Deleted)
14 October 2011 at 00:00
A Crl. M.C. was filed by accused against summoning order.
Upon calling for Trial court record it was revealed that:
Application under 156 was still pending and no reder was passed upon it, while the summons was issued under IPC, for cognizable offences like , 353, 354, 506,323, 34.
LCR was incomplete and no copy of summons was on record.
A lot of unconcerned papers were attached to the file without any endorsement and reflection in orders for admission of these documents as evodence from any party.
Now I want to ask:
1. whether, we can make a complaint against magistrate for vitiated proceedings as it is settled that first of all order will be passed on application under 156 only thereafter summoning will be done.?
2. Can we file an application under 340 CRPC for tampering record of Trial court?
3. How to get all defects of case rectified?
4. Can we file an application under 379 CRPC pointing out the irregularities committed in the case or we should file a seperate revision petition for the same purpose praying for transfer and retrial of case as per procedure.
5. Can we claim for compensation as the case has been dragged for 3 years with such irregularities on record?
Hirendra Pandey
13 October 2011 at 23:56
A person on social networking site meets another person who poses to be a 20 year old woman from UK. She invites him for cam chat and poses nude on cam and then asks him to start his cam and pose nude. The man poses nude too. The person on other side records this cam transmission and threatens the man with complaining under Cyber Law for pornography. Is the man liable for arrest if a complaint is lodged by the said person?
What are the provisions under Cyber law for the same?
Anonymous
13 October 2011 at 22:54
sir, i am from ranchi but my some of relatives who are my enemies are in kolkata.i am scared that they might have filed some complain cases against me as they have threatened me .i heard that in kolkata its quite common that notices are not served and are just shown that the party is not appearing and finally the warrant is issued.so is there any way to find out whether any cases complain has been instituted in a dam dam court jurisdiction.please help me.
Anonymous
13 October 2011 at 19:51
Sir
I am sending English translated FIR copy & brief history of case:
FIR
Complaint is that this time complainant in the case present in Police station a written application presented as under :- To SHO Women police station …………………,Application from Sana W/O Rashid.
Sir my marriage has been Cermonized before 3 year by my parents with Rashid S/O …………… R/O ……. Under Muslim Personal law. Applicant was living with her husband in bad conditions & troublesome life. During this period two issues were born . One in year 2008 who died & second in year 2009 who is living female child. Applicant was maltreated & beaten by her husband & other in law including brother in law mother in law & father in law , that caused the applicant mental agony & financial problem & applicant feel ill. Inlaws people remained with their financial gain & applicant was not cared. Applicant at the time of marriage & after that whatever ornaments & costly electric goods were misappropriated by the inlaws & some was used in the marriage of their second son. And applicant left uncared & thrown out from there. So many respected persons intervened but husband of the applicant cheated them & world of the applicant was destroyed & applicant is living with her minor daughter in parental house. Husband of the applicant is playing a deceptive role & applicant came to know the ill will of her husband. For greed & selfishness he has kept the wedding knot to add miseries & he is adamant to cause physical torture. The applicant be heard & applicant admits the all contents of application.
Police Enquiry :-
As per the report of the applicant prima-faciely occurance of the offences U/S 498A & 406 RPC is made out. As such case is registered & for investigation purposes & same is being assigned to Mr. XYZ
Occurrence of Offence : - 25-04-2009
Information received at police station :- 29-10-10 at 16:30 Hr
Reason for delay :- Waiting for Compromise.
Brief of Case
Got married in oct,2007 , posted Divorce to her in Nov,2009, which she refused to accept. On Oct 26,2010 she filled a case for Restitution of Conjugal rights 3 days later she filed FIR for 498-A & 406 case against me & my whole family in Women police station, the FIR culminated into challan in the Court in the month of Dec,2010 & the challan was filled against me only. During the police investigation I & my whole family were on bail, we applied in High court for Quashment of FIR which against my whole family,which later was withdrawn by my advocate after challan was submitted in Court. The Case is in Court is for discussion to see whether the chargesheet can be framed or not.
what is the credibility of the FIR,can the police make a case of 498A & 406 out of it. and can I apply for quashment as initial the quashment of FIR was for whole family now it is against me only. or charge sheet if framed
Anonymous
13 October 2011 at 19:16
There is girl who was working with immigration company as a counsellor.This company did a fraud with their client ,now they are filing complaints against owner as well as employees also.Already 3 fir has been lodged against them,many other can be lodged.Girl is in custody for about 2 months.
Is there any procedure so that girl can prevent her name to be appeared in the new fir.
can she give any affidvait under section 5 to save herself???
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Appeal to answer for," action against magistrate for vitited procedings"
THIS QUERY IS BEING POSTED JUST TO HELP RASHMI JI, SO THAT SHE COULD GET A RESPONSE FROM LD. EXPERTS IN SUCH A DELICATED MATTER:---
A Crl. M.C. was filed by accused against summoning order.
Upon calling for Trial court record it was revealed that:
Application under 156 was still pending and no reder was passed upon it, while the summons was issued under IPC, for cognizable offences like , 353, 354, 506,323, 34.
LCR was incomplete and no copy of summons was on record.
A lot of unconcerned papers were attached to the file without any endorsement and reflection in orders for admission of these documents as evodence from any party.
Now I want to ask:
1. whether, we can make a complaint against magistrate for vitiated proceedings as it is settled that first of all order will be passed on application under 156 and only thereafter summoning will be done.?
2. Can we file an application under 340 CRPC for tampering record of Trial court?
3. How to get all defects of case rectified?
4. Can we file an application under 379 CRPC pointing out the irregularities committed in the case or we should file a seperate revision petition for the same purpose praying for transfer and retrial of case as per procedure.
5. Can we claim for compensation as the case has been dragged for 3 years with such irregularities on record?