Rahul Deshpande
07 September 2011 at 01:37
Hi
My friend has been aquitted after contesting a case registered under IPC 353/34.It was a police case & the constable who filed the case has ( died) expired. The state witness turned hostile during proceedings & magistrate remarked that there is no incriminating evidence against accused. Consequently my friend has been aquitted. My friend would like to know whether he can file counter case against state for falsely accusing him? If yes - What is the time limitation? ( Please note that decison has been delivered around 6 months back) And how much compensation he can ask for? What could be the maxiumum punishment to concerned state officials if proved beyond doubt that he has been falsely accused & framed?
Request for your expert opinion.
Thanks
Rahul Deshpande
Anonymous
06 September 2011 at 22:41
respected sir
my brother aged 22 years died in an accident while he was driving the bike and collide with a car
my query is AS FOLLOWS:-
my brother did not have a driving license as well as the we have only the sell letter of the bike NOT THE RC
i want to ask u that whether we shall get any compensation or not
if yes, will the compensation be decided as per negligence and rash driving of accused or as per NO FAULT LIABILITY OF THE ACCUSED
Anonymous
06 September 2011 at 22:33
I LIVED IN THE HOUSE HAVING 1/4TH SHARE IN THE HOUSE PROPERTY. THE OTHER CO-PARCNER BUILD UP TOP FLOOR ON MY PROPERTY WITHOUT AGREEMENT WITH ME.CAN I FILE CASE U/S 420 OR ANOTHER SECTION. PLEASE GIVE ME REMEDY ALONG WITH DEMO DRAFT.I AM STUDENT OF C.A FINAL YEAR.
Anonymous
06 September 2011 at 22:30
ONE OF MY CLIENT MADE SALE AGREEMENT FOR PURCHASE OF LAND MEASURING 108 SQ YARDS.WHILE CHECKING FROM THE ARCHITECT ABOUT THE MEASUREMENT OF LAND , IT HAS BEEN FOUND IT TO BE 77.15 SQ.YARD. CLIENT PAID ADVANCE AT RS.150000/-.THERE IS CLAUSE OF INDEMNITY IN CASE OF NON-EXECUTION OF CONTRACT. CAN I FILE CASE U/S 420 AND ALSO PROVIDE THE DEMO DRAFT COPY.I AM STUDENT OF CA FINAL YEAR.
m.v.prabhakar
06 September 2011 at 21:17
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.,
2. Can the Sec 120B of IPC be singularly be associated with 13(1)(d) r/w 13(2) of Prevention of corruption Act.
3. If the answer to the S.No 2 is affirmative then my question is based on 120B and 13(1)(d) of PCA. These sections are reproduced for your immediate reference.
120B. Punishment of criminal conspiracy.—(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death,2[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.
Section 13(2) in The Prevention Of Corruption Act, 1988
(2) Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than one year but which may extend to seven years and shall also be liable to fine.
Q1. Is the PCA is considered as a part of IPC though it is a separate Act as it was carved out of IPC for the purpose of 120B.
Q2. Since Sec 120B of IPC talks about the offences under this code (which is underline and coloured above) can we conclude that only 120B and 13(1)(d) can not co-exist with out any other sections of IPC like 420, 471 etc.,
Q3. As the punishment of imprisonment under PCA is not less than one year which is contradictory to the minimum punishment u/s 120B of IPC (death,2[imprisonment for life] or rigorous imprisonment for a term of two years or upwards) can the charges u/s 120B of IPC be survive.
Regards
Prabhu
kishore
06 September 2011 at 19:41
sir...X given cheques to Y..but X paid cheque amount to Y...not through bank directly he given amount to Y....next X sended legal notice to Y after returning back his amount to Y....but Y is delaying to give cheques to X.....next X given lawyer notice to Y..to return back his cheques ...IN 2007 ...next Y replied through notice tat cheqyes are with him(Y)and but cheques are blank dated cheques..next X given notice to bank authorities not to encashment of cheques....but my doubt is tat how many years cheques valid after giving notice to Y..(blank dated cheques)...i hear through NIR act cheque valid 9 months only...now it is totally 4 years completed..next RIGHT NOW y IS TELLING TO RETUN BACK HIS MONEY WITH INTREST ...whether cheques are valid or not....
Anonymous
06 September 2011 at 19:12
My brother got bail from ASJ than after 3 weeks girl and her father came with I.O and a woman constable. I.O and woman constable entered the premises and all of a sudden the girl and father appeared and entered premises. I.O said he will get the bail cancelled. Lot happened inbetween finally a false case under section 186/353/332/34 has been registered and I along with my brother went to central jail (JC). stayed there from Mon-Thurs………It is all being done to force my brother to apply for divorce or else pay them hefty settlement amount. She is not getting even interim maintenance under D.V and bail was also granted in 498a from ASJ. The I.O his uniform was torn. which is a lie. the local police station joined hands as they got their share. What are the legal remedies available. Secondly, In the court we signed vakalatnama but again the vakalatnama was send to central jail. All the games are being played. We are not going to pay any settlement amount ever. I am deadsure about it.
NOTTAM VENKATASAMY
06 September 2011 at 18:24
ONE SENIOR COUNSEL ARGUED IN JM REGARDING THE MATTER OF POLICE CUSTODY AT THAT TIME HE SUBMITTED SOME CITATIONS BEFORE THE JM, CAN I GET THAT CITATIONS THROUGH THE RTI?
Prashanth
06 September 2011 at 15:53
Sir,
I have booked a site near Bangalore in year 2007 by signing the sale agreement and paying 30% of the total cost of the site. The developer then promised to deliver the site within 6 months. But this has not happened. We enquired with the Developer several times and he kept on giving one or the other reason. Then in June 2010, I went to Consumer Forum (CF) and won the case. The CF judgment has asked the developer to pay the entire amount with 16 % interest. The developer has not honored the judgment till today.
I have then filed a case for execution. But the notices served on all known address are not being responded. My lawyer says in this case the court will indicate the news paper in which we have to publish the notice and if the developer still not respond the court will issue an arrest warrant. But in the mean time Bangalore CCB has arrested the Developer and then released on bail. The CCB is still (from last 2 months) in the process of filing charge-sheet against the Developer.
have following questions:
1) Does CCB's filing charge-sheet assure me my money back?
2) Even in my execution case if the arrest warrant is issued, the developer will again get the bail, but how I will get my money back?
3) Is filing a Civil suite and asking for the Attachment Before Judgment (ABJ) is the only way to proceed?
Please guide me as I am in a severe mess.
Regards,
Prashanth
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Court can compound the offence u/s 147 without compainant's consent
Section 147 was inserted by way of an amendment to a special law, the same will override the effect of Section 320(9) of the Cr.P.C., especially keeping in mind that Section 147 carries a non- obstante clause...”
Hence, it is held that the Court where finds that payment of cheque has been paid to the complainant or amount is deposited in the Court for disbursal to the complainant in consonance with the guidelines and parameters enumerated in Damodar S. Prabhu's case (supra), the
Court, in the facts and circumstances of the case, can quash the complaint and subsequent proceedings without the consent of the complainant under Section 147 of the 1881 Act. To emphasize this, the
Code of Criminal Procedure, in the table specified in Section 320 Cr.P.C, in column No.3, mentions the person who can compound the offence, whereas there is no such requirement under Section 147 of the
1881 Act.
Please go through the Punjab & Haryana high court Criminal Misc. No. M-22336 of 2008 Date of Decision: 14.10.2010