THANKACHAN V P
21 July 2011 at 12:42
Dear friends in a case wherein the court issued notice under 446 crpc to sureties as accused absconded. One of the sureties died before receiving the notice from the court. The court forfeited the bond amount and RR proceeding has been initiated against the property of the deceased surety. Now what is remedy available for the LRs of the surety.Can they take up matter before sessions court by way of revision or is there any remedy under 226 or 482 before the HC?.Could you point out any citation on this aspect.
Sorry for typing error 44 may be read as 446
Regards
Thankachan
Anonymous
21 July 2011 at 11:15
While working at Mumbai,'A',a relative of mine, has borrowed 70,000/- from me for some time.I gave him this amount as cash.He returned the money vide cheque.Due to some problems,our relation got spoiled.After 1 yr. of this incident,he filed a recovery suit against me for the amount he paid me via Cheque.In support of his claim,he produced a receipt with forged my forged sign claming that I have received 50,000 from 'A' via chq. and will return it with in 6 months.
The suit has filed at Mumbai and now I am living at Gwalior,my native.Pl. Suggest can I filed criminal case against 'A' in gwalior.
Also,pl suggest how can I prove that this receipt is forged.
Thanks in advance.
Anonymous
21 July 2011 at 09:51
Dear all,
My company has filed a case under section 138 of N.I.Act for recovery of sum of RS. 1,40,000/- , after issuance of summon accused persons did not appear before the Ld. Magistrate and court was pleased to issue bailable warrant against the accused persons , having come to know that said person has approached us and want to settle the dispute out of court and they will issue 7 Post dated cheque for Rs. 20,000/- as they are not in sound financial position and further asked to not to withdraw the case until the payment is made clear, just linger the case.
So, query is if I accept their offer and after clearing one cheque is the second one is bounced again, will the accepatance of first cheque prejudice my instant case? Kindly advice what should I do as I am interested to settle the dispute out of court.
Anonymous
21 July 2011 at 09:35
Accused charged u/s 420, 467, 468, 469 IPC
I want that he should be tried under 409 IPC also. Case is in prosecution evidence. Statement of witnesses yet to take place. At what stage we can intervene. or it is to be a separate FIR.
Anonymous
21 July 2011 at 00:45
Is sanction from government required to prosecute police officals when police have created false records and placed in judical proceedings.
if no sanction is required,pls let me know if there are any cititions/judgements for same
Anonymous
20 July 2011 at 22:44
Dear sir/Madam,
If wife has filled Dvcase with all false allegation sufficient evidences are present to prove with respondent.
Allegations put by her
1) dowry demanded and given
2) Dowry harrasment
3) pregnancy kick
4) wrong information about work and income of the husband.
evidence present
1) statement of marriage broker that dowry neithe demanded nor given.
2) statement of her mother itself that Dowry neither demanded nor given and nor till date in the form of message given by her during counselling.
3) living example healthy and happy child which itself rulled out the possibility of pregnancy kick.
4) main application has no cause of action.
5) nomination of bank account which was opened for the salary transfer is on the name of wife , but wife has mentioned work as business and with huge income.
lawyer of wife knows that she wont be able to prove any allegation thats why lenghening the case without reason. her intention is to drag the case for years and collect surplus money in the form of interim maintenance.
respondent wanted to file a case for false allegation which his wife cannot prove and intentionally dragging the matter
under what section he can teach a lesson to the wife and her family for such criminal case.
provided he dont want to give her divorce she has to come back buut that is possible only after the entire matter.
kindly suggest the section for proper remedy and teaching the good lesson
Vaseem
20 July 2011 at 22:44
Sir/Madam,
I am a Muslim Govt employ ,I was married to a Muslim Govt employ lady in oct,2007 ,but the lady was arrogant from the day one, final I posted Divorse to her in Nov,2009, which she refused to accept. Now in the oct,2010 she filled a case for Restitution of Conjugal right, & in same month just after a week from filling of RCR she filed 498-A & 406 case against me & against my whole family in Women police station, which final culminated into challan in CJM Court in the month of Dec,2010 & the challan was filled against me only .During the poIice investigation I & my whole family were on bail, we applied in High court for Quashment of FIR ,which later was withdrawn by my advocate after challan was submitted in CJM Court. The Case is in CJM Court is for discussion to see weather the charge is to be framed or not. Moreover the Lady has also filled Crpc 488 for baby as she her self is a Govt empoly, which I accepted & case was disposed off on the same day, with an order of Rs 2000/Pm as maintenance of the baby, which the lady refused to accept. The lady has filed revision petition for Crpc 488 of baby in Feb,2011,which was refused by Hon’ble COurt. The Lady has also filed complain against me & my whole family in State Human rights commission & womens commission which are word by word same. The lady has also filed an application in High Court for Transfer 498-A & 406 in her jurisdiction.
Your good self is requested to kindly advise me how to handle all these case like 498A & 406,and at the same time can I apply for quashment of challan or charge sheet if framed.
IN RCR the lady has prayed for Status Quo for my Second Marriage,which she was given,But I got married,My Question is it a valid court order to issue Status Quo for a Muslim, can Court restrict Muslim Male for Second marriage,Any Judjement in either way
Anonymous
20 July 2011 at 20:32
Respected Sirs,
Wife has kept lot of allegations in 498a,406 case against me.
Out of 10 allegations, only 1 is right.
rest are all non related to dowry/physical or what ever kind of harassment.
Can we file counter charges against her immediately without waiting for the police and their investigation/chargesheet?
1. If yes, what are the best cases to counter?
2. What are the do and donts if we go for filing a QUASH?
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Trial in Special CBI court.
Clarification
1. Case detail: Criminal proceedings in Special CBI court under
clauses: 120B r/w 420 IPC and Sec13 of PCA
2. Sanction of prosecution: Issued
3. Status of the case: Charges framed
What are the possibilities of out come of case or CBI action , based
on legal course and various SC decisions in following conditions.
1. At the beginning (trial just started) ,it is proved that Prosecution Sanction is not valid.
2. During middle of the trial, it is proved that Prosecution Sanction is not valid
At the beginning (trial just started) ,it is proved that Prosecution Sanction is not valid
(i) Now as the sanction is not valid then the court is also not competent to take cognizance of the charge sheet but cognizance has already been taken by the judge.
(ii) Now as the judge is not competent then whether he can close the proceedings and award the judgment.
(iii) Now what type of judgment is possible at this stage.(Discharge).
(iv) In spite of invalid sanction ,whether the judge can carry on hearing ?
(v) But once judge is incompetent then how he can continue hearing and whether his judgment will be valid in the end of the trial .
(vi) Whether CBI can with draw the case in between and resubmit the charge sheet with revised sanction.
(vii) In case hearing is complete then what type of judgment is possible as given below.
• The accused may be acquitted or convicted
• But in absence of valid sanction, how judge will give such judgment because was not competent to hear the case.
• He may discharge the accused on the basis of invalid sanction
• In case of above condition, whether CBI can file fresh charge sheet with revised sanction
• As the trial is already completed then how the re trial of the case is possible
• As the sanction was not valid ,whether CBI can go for appeal to High Court but under what plea
Relevant citations, SC/HC case nos may be given