LCI Learning
Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Amit Sharma   13 September 2011 at 23:33

Lodging f.i.r - any period limit

My Father in law has attempted to murder me 5 months back and threatened me verbally that they will kill my mother if i lodge F.I.R against him. Now, my mother has gone abroad and there she is safe.

Can i lodge F.I.R against my father in law now after 5 months or not ?

Thanks in advance

Anonymous   13 September 2011 at 23:27

Bail surety revision

Hi,

I am trapped in a false dowry case because I cancelled my wedding 15 days before the wedding date after knowing that the girl has some health issues.

I was arrested and am currently out on bail of Rs. 25,000/- We need to produce surety for this amount now but since the bail order says only 1 surety, solvency certificate becomes necessary and we are not able to get solvency certificate.

Original bail was given by Holiday court at Killa court.

What is the procedure to get the bail order changed so that either the bail/surety amount is reduced or we are allowed to produce 2 sureties for which we would not require solvency certificate.

Appreciate your help.

Anonymous   13 September 2011 at 22:35

Cheating by police officer by getting house allowance

R/Experts
A police officer is living in Govt. quqrters/House and he is also drawing Rent/house allowance from the Department.What and under which sections police can register a FIR against above police officer.
Ram Narain

Anonymous   13 September 2011 at 22:11

Query regarding a criminal case

Hi sir,

1)can a judge ask police people to do some further investiagation when arguments are going on ?

2) if judge can ask police people to do some further investigation, will it be postponed till the time investigation gets completed ?

3)is what is written in charge sheet final ? or will there be anything else which judge will take notice of ?

raju   13 September 2011 at 20:55

Legal protection from threats

DEAR SIR,
ABOUT ONE AND A HALF YEAR BACK WE HAD TAKEN AN TOKEN MONEY AGAINST SALE OF OUR PROPERTY (RESIDENTIAL HOUSING PLOT) IN DELHI. CURRENTLY WE ARE STAYING IN THIS PROPERTY. THERE WAS NO WRITTEN AGREEMENT BETWEEN US, EVEN THOUGH THERE WAS A BROKER AS WITNESS FROM BOTH OUR SIDES AND THE BUYER VERBALLY AGREED TO PAY US THE AMOUNT WITHIN 60 DAYS..THE TOKEN MONEY TAKEN WAS IN THE FORM OF CASH ONLY AND WORTH ONLY 2% OF PROPERTY VALUE AT THAT TIME AND NO RECIEPTS WERE SIGNED. EVEN AFTER 1 YEAR WE DID NOT RECEIVED THE TOTAL CONSIDERATION AMOUNT FROM THE BUYER.
SINCE THEN THE PROPERTY RATES HAVE ESCALATED TO MORE THAN 30% , WE TOLD THE BUYER TO RE-NEGOTIATE THE DEAL AT THE CURRENT MARKET PRICE. TO THIS THE BUYER IS NOT AGREEING AND NOR IS TAKING BACK THE TOKEN MONEY GIVEN TO US.
NOW HE GIVING US INDIRECT/DIRECT THREATS TO GO AHEAD WITH THE DEAL. WE WANT TO CALL OFF THE DEAL BUT THIS BUILDER MAFIA IS PUTTING MENTAL PRESSURE/HARRASMENT ON US BY GIVING INDIRECT/DIRECT THREATS WHICH MIGHT EVEN INVOLVE PHYSICAL INJURY/ABUSE.
HOW CAN I PROTECT MYSELF AND MY FAMILY LEGALLY (UNDER IPC) AGAINST ALL THIS AS WE ARE WORRIED HE MIGHT TRY TO HARM US IN A PHYSICAL/MENTAL WAY IF WE DON’T AGREE TO HIS TERMS AND CONDITIONS.
PLEASE ADVICE WHAT SORT OF ACTION WE SHOULD TAKE TO PROTECT OURSELVES.
THANKS AND REGARDS

Mark   13 September 2011 at 19:26

Non return of funds & bounced cheque

My friend from my native place, who frequents between Bombay/Bangalore was handed over 3 Lacs cash last Aug (2010); to be delivered to me for carrying out my house construction shortfall. Under the pretext of not being well he delayed coming to Bangalore. Promising that he'll handover today, tomorrow continuously and eventually could not even manage my desperate request for funds during my daughter's medical seat at Manipal. Even to the extent that my daughter lost the admission due to this. The REGD. letter sent to him of my daughters admission call, he did not accept. On giving a peace of my mind to him, he has sent through another friend 3 post-dated cheques (which are almost scribbled) totaling Rs.1 lac (3 different cheques). I know this will bounce.

In the event of cheque bounce, more than getting even; how can such cheats the cost of betrayal? The trauma that he has caused me and to my family members, I need to make him aware what it means. Such persons a societal pests, should not be let loose.

I have enough telephonic conversation evidence from the repeated desperate calls I made by me from overseas (on a project) as well as local calls made by my wife from Bangalore, pleading for return of funds.

What should I do?

Appreciate your kind advise as to how to go about.

nikhil   13 September 2011 at 17:31

Fir

after launching fir can be withdraw?

Anonymous   13 September 2011 at 17:08

Process fee

If A has filed Civil as well as Criminal suit against B at the address C, as per Bombay High court Process Fee Rules, 2006, Rs. 50/- process fee is to be paid at the institution of the suit, and no further process fee unless the name of B or address C has changed.
The above Rs. 50/- process fee is used for the issue of the summons, and after the service of the summons, if the warrant is order by the court against B having address C, the further process fee is not required to be paid as per Bombay High court Process Fee Rules, 2006.
If A apply for different mode of service like Registered post, the amount necessary for the same calculated at the prevailing postal rate shall be paid.
If A change the address of B, the further Rs. 50/- process fee is to be levied as per Bombay High court Process Fee Rules, 2006
(A) If the above contents are true then, Court can charge process fee Rs. 50/- for the issue of NBW against B after the service of summons without changing the mode or address of B ?

(B) Is there is any change in Process fee thereafter 2006, so far process fee is concerned in civil & criminal matter, once the Rs. 50/- is paid for the service of summons against B, court can charge further Rs. 50/- for the reissue of summons against B without changing mode or address of B ?

Reasons for above query, the Supritendant in Taluka Courts/staff ( especially at Panvel ) when they face the situation mentioned above in Para A & B hold the issue of the Summons or NBW for want of Rs. 50/- which has already been paid at the time of institution of suit, and matter sometimes delayed for years together in discussion and tracing the brief as the same is put aside with the remark " Process fee bharli nahi ".

As this the basic question for early proceeding for justice, needs the kind attention of the Registrar of Bombay High Court for further necessary guidelines as the same is the administrative inquiry or point should not come in way of justice.

Anonymous   13 September 2011 at 15:05

Getting bail

accused applied bail in session court only
benificiaryis giving undertaking that he will remit part amt and make full payment within 3 months court postponed the bail hearing to next week as it issued notice to the complainat for appearing in court for settlement if he fail to attend or he does not comprmise then can benificiary and main accused can get bail by depositing the part amt in court main accused also completed 1 month in jc pl clarify how many days will get in hearing

Mukesh Gupta   13 September 2011 at 13:42

Arrest of a chatered accountant

Whether a chartered Account has got any immunity against arrest.
Whether a CA Cooperating with police & joining all investigations regarding his role & profession etc. can be arrested without any evidence against him merely on a statement of main accused for whom he is a CA
This is Urgent please.