Anonymous
10 October 2011 at 02:35
Dear Sir,
I have a case filed against me in Court of Bombay under IPC Sec 387/34.The charges have been framed against me. I would like to know wether FIR can be quashed in High Court if so on what grounds.The facts in FIR and Transcripts are different which shows that there is no relevant information supporting the FIR if questioned.
2.Complainant is also ready to withdraw this case.
Please advise me on the above matter.
Rajeeeeeev
10 October 2011 at 00:48
Dear sir,
please guide me how to execute ex parte decree u/s125 of CrPC against NRI husband under the conditions:
1. His wherebouts are not known.
2. None of his family members are living in India.
3. His passport has been revoked by MEA but he has not been repatriated In India till date, although process is on.
4. he has no property in his name in India.
Thanx & Regards.
Anonymous
09 October 2011 at 23:12
R/Members
A crl case under Immoral Traffic act was registered against Hotal Owner,now case is fixed for awaiting challan but now police has filed in CJM court a application us 18 of Immoral Traffic Act for closing the Hotal, i want to know if court pass an order for closing the hotal,this prder will appealable or not and in which court this appeal will lie.Kindly Help.Regards
Jai Bhagwan Rohtak
Anonymous
09 October 2011 at 22:51
Hi All,
The Accused has tendered documents as Exhibits on oath in his defence in criminal matter.
Now is it possible for Prosecution to cross-examine him on that. There is no Chief being tendered by the Accused.
Can cross examination happen only on Chief or otherwise also
Thanks
Anonymous
09 October 2011 at 22:14
as per change crpc 41, police is suppose to serve a notice to husband before arrest is made. 498a case
What form of notice is considered legal.
Can oral summon or notice be made by IO?
state kerala
J. Balasubramanian
09 October 2011 at 21:49
my wife withdrew money from my bank account Rs.11 lacs and transferred it to her own bank account somehow using my password. She has invested the money in a fixed deposit in her single name and with the periodic interest to be credited to her account. I as a retired senior banker know that this is a criminal offence (cyber crime) and I have proof that she has done this without my knowledge. How can I recover my money? My wife is obstinate and thinks nothing can be done by me. Will there be arrest or something?
We are married for the last 35 years with two well settled children.
Mr. Hitendra Shah
09 October 2011 at 17:54
I am a Complainant in the case. In the said case Charge Sheet has been filed Under Sections 420, 465, 466, 467 & 34 in the year 2009. The charges have not been framed and trials have not commenced so far. In these years I gathered more evidences from Authority, Depository and Depository Participant. From the documents I found that many more accuses can be added. In this connection I sent complaint along with new evidences to the Senior Police Station for conducting further Probe/Investigation for preparing additional Charge Sheet on the basis of new documents found. He called me on 8/10/2011 and took my signature on the statement which he prepared, mentioning date as 7/10/2011 on the statement. In the statement he mentioned that for the re-investigation I should take Court Order. Now what should I do?
From the new documents that I collected, it is found that
1) Stock Exchange has granted Bolt/Terminal of main broker illegally to unregistered Sub-broker and allowed the main Broker to develop cliental work illegally through unregistered Sub-Broker and allowed them to issue fictitious, false and bogus bills to all the clients.
2) The main Broker got notarized POA of the clients of the Brokers BLANK, without having details of Bank A/c and Demat A/c numbers on the said POA. The main Broker is Broking firm, Pvt Ltd company. The broker might have taken many Blank copies of notarized POA out of which it gave one copy to the Bank for opening my new accounts in the year 2005 and one copy it gave to the Police IO in the year 2007 which was not verified by the Bank. In this copy the Broker filled in in its own way the details of my new Bank and Demat A/c and gave the said copy of POA to the Police, Committing Forgery on the said copy of POA. The POA holder was appointed by the Broking Firm. He was an employee and signatory in the Broking Firm and he is close relative of MD of the Broking Firm. The broking firm was proving finance in MARGIN TRADING to its clients through its associate firm and through its MD and therefore it was getting opened new accounts of the clients in the Bank and getting notarised the POA of the clients from his own Notary. The main broker got my signature on the blank accounts opening forms and blank POA by deceiving me by criminal breach of trust.
3) The Notary was involved in fraudulent activity. He notarised Blank POA of the Clients of the Broking Firm on the direction of the MD of the said Broking Firm.
4) On the direction of the MD of the Broking Firm the Bank accepted and verified the Blank POA. The bank and the broker chose for me I) "other than Individuals" form for opening my Bank A/c, considering me as Corporate and in the column Date of Incorporation they filled in my date of birth etc II) they chose for me "Corporate Internet Banking" application form to open my Internet Banking account. I did not fill any of these forms nor did I fill POA. The POA was in my individual name only. As all the formalities were carried on by the Broker, I did not have the copy of any of the documents and therefore I asked the Bank to sent me copies of all the documents. The Bank replied me on 30/9/2010 and sent me copies of some of the documents. In the verified copy of the POA I found that there was no mention of my Demat A/c number and DP ID on my POA and even then the Bank allowed POA holder to transfer my shares from my Demat A/c. There was only one POA holder on the POA but the Bank allowed 3 fraud, invalid, illegal and unauthorised POA holders to transfer my shares fraudulently, illegally and without any authority. My POA was notarised on 1/2/2005. My Bank A/c (other than Individuals) was opened on 9/6/2005 and my Demat A/c was opened on 1/12/2005 in the same Bank. In the letter dated 30/9/2010, the Bank confirmed that it filled in its own way my new Bank A/c number on the POA which was notarised on 1/2/2005, committing Forgery on the said POA. When I informed about all wrong doings that the Bank did the Bank replied me in July, 2011 that why I did not inform the Bank at early stage and according to them nothing wrong has happened.
5) When I informed to the Depository, they followed the ready made standard procedures and asked the Bank to send it 1) Copy of POA that allowed POA holder to transfer the shares and 2) copies of Delivery Instruction Slips (DIS) that allowed the Bank to carry out transactions. the Depository justified all wrong doings of the Bank and covered up the bank by diluting the matter informing me to go to Police or go to the Arbitration of Stock Exchange. I again informed the Depository that When POA is invalid/unauthorised/illegal/forged, when all 3 POA holders are fraud/unauthorised/illegal and when all the DIS were invalid and unauthorised how can you justify all wrong doings it did not reply me.
the same case is with my wife also. In both the cases amount involved is big. At present we are in very miserable position.
I want advise from the Experts that what should I do in the criminal cases. After fighting with Banking Ombudsman, they informed me that I can file Complaint. I want to know whether can I file my case in Consumer Court for my claim? whether should I claim from the Bank or Broker?
I will be obliged if you also email me at
hitendrahshah30@gmail.com
Thank you very much.
God may bless all of you.
Mr. Hitendra Shah
09 October 2011 at 17:51
I am a Complainant in the case. In the said case Charge Sheet has been filed Under Sections 420, 465, 466, 467 & 34 in the year 2009. The charges have not been framed and trials have not commenced so far. In these years I gathered more evidences from Authority, Depository and Depository Participant. From the documents I found that many more accuses can be added. In this connection I sent complaint along with new evidences to the Senior Police Station for conducting further Probe/Investigation for preparing additional Charge Sheet on the basis of new documents found. He called me on 8/10/2011 and took my signature on the statement which he prepared, mentioning date as 7/10/2011 on the statement. In the statement he mentioned that for the re-investigation I should take Court Order. Now what should I do?
From the new documents that I collected, it is found that
1) Stock Exchange has granted Bolt/Terminal of main broker illegally to unregistered Sub-broker and allowed the main Broker to develop cliental work illegally through unregistered Sub-Broker and allowed them to issue fictitious, false and bogus bills to all the clients.
2) The main Broker got notarized POA of the clients of the Brokers BLANK, without having details of Bank A/c and Demat A/c numbers on the said POA. The main Broker is Broking firm, Pvt Ltd company. The broker might have taken many Blank copies of notarized POA out of which it gave one copy to the Bank for opening my new accounts in the year 2005 and one copy it gave to the Police IO in the year 2007 which was not verified by the Bank. In this copy the Broker filled in in its own way the details of my new Bank and Demat A/c and gave the said copy of POA to the Police, Committing Forgery on the said copy of POA. The POA holder was appointed by the Broking Firm. He was an employee and signatory in the Broking Firm and he is close relative of MD of the Broking Firm. The broking firm was proving finance in MARGIN TRADING to its clients through its associate firm and through its MD and therefore it was getting opened new accounts of the clients in the Bank and getting notarised the POA of the clients from his own Notary. The main broker got my signature on the blank accounts opening forms and blank POA by deceiving me by criminal breach of trust.
3) The Notary was involved in fraudulent activity. He notarised Blank POA of the Clients of the Broking Firm on the direction of the MD of the said Broking Firm.
4) On the direction of the MD of the Broking Firm the Bank accepted and verified the Blank POA. The bank and the broker chose for me I) "other than Individuals" form for opening my Bank A/c, considering me as Corporate and in the column Date of Incorporation they filled in my date of birth etc II) they chose for me "Corporate Internet Banking" application form to open my Internet Banking account. I did not fill any of these forms nor did I fill POA. The POA was in my individual name only. As all the formalities were carried on by the Broker, I did not have the copy of any of the documents and therefore I asked the Bank to sent me copies of all the documents. The Bank replied me on 30/9/2010 and sent me copies of some of the documents. In the verified copy of the POA I found that there was no mention of my Demat A/c number and DP ID on my POA and even then the Bank allowed POA holder to transfer my shares from my Demat A/c. There was only one POA holder on the POA but the Bank allowed 3 fraud, invalid, illegal and unauthorised POA holders to transfer my shares fraudulently, illegally and without any authority. My POA was notarised on 1/2/2005. My Bank A/c (other than Individuals) was opened on 9/6/2005 and my Demat A/c was opened on 1/12/2005 in the same Bank. In the letter dated 30/9/2010, the Bank confirmed that it filled in its own way my new Bank A/c number on the POA which was notarised on 1/2/2005, committing Forgery on the said POA. When I informed about all wrong doings that the Bank did the Bank replied me in July, 2011 that why I did not inform the Bank at early stage and according to them nothing wrong has happened.
5) When I informed to the Depository, they followed the ready made standard procedures and asked the Bank to send it 1) Copy of POA that allowed POA holder to transfer the shares and 2) copies of Delivery Instruction Slips (DIS) that allowed the Bank to carry out transactions. the Depository justified all wrong doings of the Bank and covered up the bank by diluting the matter informing me to go to Police or go to the Arbitration of Stock Exchange. I again informed the Depository that When POA is invalid/unauthorised/illegal/forged, when all 3 POA holders are fraud/unauthorised/illegal and when all the DIS were invalid and unauthorised how can you justify all wrong doings it did not reply me.
the same case is with my wife also. In both the cases amount involved is big. At present we are in very miserable position.
I want advise from the Experts that what should I do in the criminal cases. After fighting with Banking Ombudsman, they informed me that I can file Complaint. I want to know whether can I file my case in Consumer Court for my claim? whether should I claim from the Bank or Broker?
I will be obliged if you also email me at
hitendrahshah30@gmail.com
Thank you very much.
God may bless all of you.
Anonymous
09 October 2011 at 17:39
Dear sir/Madam
appeal is pending in the Session court regarding Interim Maintenance.
Advocate of Complainant submitting Applications in trial court.
can Respondent also submit Application regarding
If respondent having proofs/ evidences that the submitted application by the Complainant is entirely false .
sufficient evidences are present and the information provided by her are false and baseless.
can respondents submit and pray to Hon.Court that matter is of "Perjury".
under what circumstances Respondents can come forward to state facts with evidences that charges are implied to harass.
In the matter of Perjury burden lies on the Respondent or case will remain as it is?
important is she cannot prove any allegation as nothing present. thats why matter is unnecessary draging.
plz advice
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Forgery/cheating
If the dissolution deed(retirement deed) of a registered partnership firm(under the Indian partnership act,1932) is not registered(and never produced) at the office of the registrar(The office of Excise and taxation department,Punjab under the Punjab general sales tax 1948 and Central sales tax(registration and turnover) rules,1957) and also no amended has been done on the certificate of registration provided by the excise and taxation officer.
is the retirement deed/dissolution deed of the firm would be considered legal or valid.