Anonymous
22 August 2011 at 17:27
A friend was summoned by the court in bailable criminal matter (323 IPC) originated from the complaint filed. He appeared before the court and court granted him bail on the day of appearance on the basis of two surities he produced. Will it be presumed that he was arrested by the court? In such case is he required to inform to his department, ( he being central govt employee). Please advise
Anonymous
22 August 2011 at 11:00
dear all experts,
one of my friend filing PIL in the High Court, the court dismissed and with cost 25K awarded, now he is not able to pay said amount, in case he is not pay the amount what are the action taken by the court ?
Anonymous
22 August 2011 at 10:59
Dear all,
My company receiver a purchase order alongwith two post dated cheques for Rs. 2,00,000/- each towards supply of material amounting to Rs. 4,00,000/-. Accordingly we supplied the material amounting to Rs.3,50,000/- and the said deficit supply was communicated to the other party and asked them to replace one cheque by issuing a cheque of Rs. 1,50,000/- they verbaly agreed to replace the cheque but did not replace the same.Now having no other alternative we deposit two chequed and they have bounced due to insufficiency of fund after that several time we have tried to communicate with him but he did not received our phone call. So in that circumstances what should I do, Should I make a demand notice under section 138b for making payment of Rs. 400000/- or for actual amount of material supplied to him as his liability is only for Rs. 3,50,000/-. What are the provision of law incase we hold higher amount of cheque then acutal date. Please advice.
Anonymous
22 August 2011 at 10:26
Dear all,
I purchased one flat on bank loan on 27.06.11, bank fully disbursed the loan to the promoter but that time the flat was incomplete. So, we talk to the promoter asking him to keep security deposit of Rs. 1,00,000/- towards completion of pending work with in two month from the date of sale. Accordingly he gives us the said security deposit on the condition that we will give him a post dated cheque to him and date of cheque will be 26.08.11 i.e. after two months from the date of sale and we execute an agreement to this effect mentioning that he will complete the pending work with in two months(pertinent to mention that the said promoter do not have the copy of the said agreement). But till date the promoter failed to start any pending work and flat still remain inhabitable condition, as the cheque date is 27.08.11 , I am anticipating that he will present the cheque on that day in that event I want to make stope payment of the said cheque, should I make it after keeping the sufficient fund in my account or insuffiency in my account does not matter as I am making it stop payment. Please advise me if I want to avoid 138 so what are the defense I should prepare and what steps to be taken by me in order to avoid the payment and/or to forfeit the money as the security deposit is enough to complete the pending work.So, if the promoter faile to complete the work it will be a better option to me to complete the work by myselfbut in the agreement there is no clause of forfeiture. In that circumstances plese advice me.
venkatesh
22 August 2011 at 09:31
sir,
i realy satisfied your answer i solved my query, very much thanks i got confident
thanks lot
thanks
Anonymous
22 August 2011 at 08:53
If a minor detail in the description opp party left rom being writtn in a complaint under 138 NI Act althogh in the ntic u/s 138 detals were complete and it was also duly served upo the opp. party. In the given situation would the complaint be dismissed or even in criminal complaints amendments can be made. On the given situation please provide me the legal advice supported with legal provisons and case laws. Thank you
Advocate Umesh
22 August 2011 at 07:59
Can private person make appeal against acquittal who was original complainant in state case?
Anonymous
22 August 2011 at 00:58
In a dispute of house construction with neighbour, on the complain of neighbour police stoped the construction in disputed area in february 2011. I filed caveat and after in march 2011, neighbour/opposition filed a case of easementry right which is now in the stage of writen statement (without any stay order).
In mid april I finished construction in undisputed area and waiting court procedures. Meanwhile in june 2011 police unnecessarly reported to megistrate that there is a case of breach of the peace. Megistrate issued summon/warrant to both parties under CrPc 107, 116(3) .
I have done the formalitiese of bond/bail but summon/warrant is not being serve by police to second party/opposition. Police twicely returned the summon/warrant to magistrae office without any noting or report (whereas oppsition is present his residence and regularly going his office in the city). Magistrate and his office also silent on the issue till now.
Is there any scope for me to do something to serve the summon/warrant to opposition or any other thing.
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Recorded conversation
Sir
I am to cross examine a prosecution witness in a criminal case. My client has some tape recorded conversation which he recorded when that witness was speaking publically to someone (It is not phone recording but simple recording made). What is the evidentary value of this recording. Can it be played in the court while doing the cross examination of the witness. What is the procedure for it? Pl advice