vinod bansal
15 September 2011 at 21:14
R/Experts
My client was convicted and sentenced for six month imprisonment in a case us 174-A of IPC,He has alrteady undergone abt 50 days,kindly provide me any citation for undergone or acquittal in appeal.Thanx
SANJAY KUMAR
15 September 2011 at 20:00
Dear Experts,
In society there could be several demeaning and whirlpool like situations posed by fellow human being that a hapless ordinary human being more women than men is perilously arraigned to get rid of the situation one has to silence the poser of this situation.Now gentlemen please visualize a few of such situations.On my part I could visualize only two-- one a situation posed by the famous (or notorious Mr. Kasab ) of Mumbai incident and the other where a hapless women fell prey to sexual exploitation of the worst kind.Could in both the situation if one happens to liquidate the poser of such situation he will be an accused of IPC Section 302 ? If so what would be to the message of Victory over the Demon that we always hear on every Dussehra Puja? I would expect feedback with case laws.
WHATSAPP 91-8075113965
15 September 2011 at 19:25
sirs,
a person was convicted and sentenced to undergo 6 months SI , in two different cases,
by the same magistrate, on the same date, itself.
whether the said convict has to undergo 12 months imprisonments ( 6 + 6 ), as total of imprisonment in two different cases , or he has to undergo only 6 months imprisonment, as both the convictions will start running from the same date ?
please explain with case laws ?
thanking you sirs.
Anonymous
15 September 2011 at 16:51
My wife has given false complaint in women cell for dowry and all. I am hopeful to get positive report from women cell.
Istri Dhan items and other items of my wife are with me. They are already annoyed and will get more annoyed, when I will get positive report against their wishes.
1. What steps they can take to get their Istri Dhan items back
2. What other steps they can take to harass me for false dowry and cruelty claims, if i get clean chit from women cell.
Thanks
Advocate M J
15 September 2011 at 16:44
Good Evening Respected members
I have to file a case against a government servant before the Hon'ble court under the charges of misappropriation of facts, manipulation of facts and misuse of the the position as a govt servant.
I am confused under which section , i have to file the case before the Hon'ble court.
I Request the learned members to guide, so i can proceed against that government servant.
Thank You
kalyani
15 September 2011 at 16:06
there was a ploting in which the owner of the company working as contractor in an esteemed company was framed for stealing diesel from a tanker for which the owner was comissioned to carry out work . the tanker was placed at the point where the fuel was to be recd from the fuel company. the incident took place in the afternoon 2:30 pm but the FIR was filed at 8:30 pm only. In the mean time the owner along with their supervisor were manhandled by the security personnel of the comapny. the police on the basis of the FIR had detained the owner and the supervisor without any preliminary enquiry. At the time of such raid of the stealing of diesel there was no police officals present. at the site the security personnel of the company had filled plastic drums which they had brought and filed a case of theft. My query is: why will the state file a case against the accused and why the said company will not come in picture.the so called company security do not have a primae facie evidence of theft apart from they filling the barrels and creating evidence. the driver who placed the tanker to show the theft is missing and belongs to the company security.can this owner file a case of defamation against the inspector in charge and the security personnel?can the case be acquitted from hearing on the grounds of framing, absence of police officals, man handling and delayed FIR report and detaining in police station for 2 days without giving an option of bailing out and no providing the copy of FIR and the mental trauma.
Anonymous
15 September 2011 at 15:46
My wife has put wrong 498a on me and under her complaint she is falsely claiming that they have spend 5,00,000 on marriage and 1,00,000 on ring ceremony.
Can they procure fake bills for same. If yes, how can i counter same through RTI or other means.
Kindly guide. Thanks
Anonymous
15 September 2011 at 15:43
Is SMS or email considered as a valid evidence under Evidence Act and can that be used to refute any charge.
Also, guide on the validity of voice recording as well as an evidence.
Thanks
Manoj
15 September 2011 at 14:40
‘H’, the husband and ‘W’, the Wife are living separately since four years, a child was born from wedlock which stays with her mother. ‘H’, is working in a nationalised Bank as Manager and W, is working in a private firm. ‘W’ has an account in one of the branch of same nationalised Bank in which ‘H’ is working not the branch in which ‘H’ is working. ‘H’ used his position to get the details i.e. statement of accounts of ‘W’ for two years from the Branch in which ‘W’ was having an account. The Manager of the Branch in which ‘W’ is having an account has issued the statement of account for “two years” to someone/third party. ‘W’ requested the Bank by a letter to given the details of the person/third party to whom the details of statement of account has been given. A copy of the same letter is with ‘W’ acknowledged by the Manger putting the round seal and signature of the Manager of the Branch with an oral reply by the Manager that they would give the details within couple of days.
Now a ‘A’ a relative of ‘W’ went to the Bank as ‘W’ could not go due to personal reasons, as no reply has been received by ‘W’ in respect of letter submitted to Bank seeking information about issue of statement to third party since four days. Now ‘A’ the relative of ‘W’ was told that we are in process in finding/investigating that on whose request the data i.e statement of accounts was given to third party. Now ‘A’ asked to register a complaint in the complaint register maintained by every branch, the Manager refused on the grounds that it is only for internal purpose of the Bank and cannot be given to the customers and secondly that I cannot give you any information as you are her relative. As ‘A’ got in verbral confrontation with the Branch Manger of the Bank one of employee came arguing that we have already informed you that we will give you the information though without any commitment of any days or time and very wrongly/insultingly asked ‘A’ to leave the Bank and giving reasons that we have number of customers waiting outside to handle infact there was only one customer waiting outside the cabin of the Branch Manager and then “A’ asked the unidentified employee about his name and his authority and he said that he is the Branch Manger and even senior to the Branch Manager, he said all this in front of the Actual Branch Manager who was watching all this without even interrupting the employee who was pretending as a branch manager of the Bank and was showing ‘A’ the relative of ‘W’ the door. When again asked about the identity, the unidentified employee hide his I card and again said he is the senior in the Branch which was very well supported by the actual Branch Manager, all this happened in front of the actual Branch Manager.
Now my query to all experts is as follows :
(1) Can any Branch Manager of a nationalised Bank can disclose such private and confidential data of an account holder to third party without seeking permission of the account holder. If No than what legal action can be taken against the Branch Manager and the third party. How much is the Manager responsible in these circumstances.
(2) If the data has been leaked by the Manager on request of H, the husband, H clearly took advantage of his position than what legal action can be taken against H, the husband.
(3) Now A the relative of W was refused to file a complaint in the Complaint register of the Bank on the grounds that it is for internal purpose and not for the customers, though a formal complaint should be registered in the Complaint register and a copy of the same should be given to the customers. What can be done in this case.
(4) Now if a satisfactory reply is not received by W than what are the next steps/procedure, can a complaint be forwarded to any higher authority and forum in the Bank. Is there any other forum/Court other than bank where a formal complaint can be filed.
(5) Now ‘A’ a relative of W was shown the door giving reasons (i) that we will give reply only to ‘W’ and not to you, (ii) we have lot of other work and asking to come after another two days or three without any proper committment by an unidentified employee pretending himself to be even senior to the Branch Manager who even hide his I-Card in front of the Branch manager despite committing a wrong of such grave magnitude. What legal action can be taken against such an unidentified employee.
(6) Now the statement of accounts that are submitted in reply to maintenance application are only copies not original and certified copies, can they be admitted as an evidence in court of law.
(7) Can ‘W’ give a duly notarised power of attorney to ‘A’ to handle this issue, or a letter of authority will do in this case.
(8) This is basically a theft of data that is private and confidential of an accountholder by third party and wherein bank has paid an active role as an accomplice can any police complaint be filed against such irresponsible and negligent Branch Manager and the unidentified employee for misbehaving or one should wait till reply is received.
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Filing a case against person tarnishing my name
Hi, I want to file a case against a person who is trying to damage my respect in society. can you please let me know the following
1)how should i approach
2)Do i have to engage any lawyer for that. can i file case myself
3)what is the benefit which i should claim for
4)that person and me are staying in different cities ,can i file the case
5)what if , that person does not receive my case letter which i will send as register post
6)if i file the case in my city, do he has to come to my city and attend the case or do i have to go to his city and attend the case
7)how much time it will take
8)what are the proofs which i have to submit . i have some of my friends as witnesses . is it enough
9) what are the chances for my success.
10) if i fail in this , is there any chance for him to file a case on me ?