Kumar Krishan Agarwal Advocate
08 June 2011 at 00:13
Dear Sir,
I got a wrong FIR registered on my name under Sec 135/138 of E.C Act 2003 into which I got Bail from the Addl. District & Session Judge of [E.C Act]. Now the Executive Engg. (Action Sahab) of city Electricity Department Sent a Notice of Assessment Rs 1,52000 to me and give 15 days time for giving its reply otherwise a one sided proceedings will start against me for the recovery of the assessment amount. If I file objections then surely the Electricity Department will continue Rs 1,52000 order passed against me to get recovered.
Now for getting out of this perplexed situation what I will have to do so that the unwarranted Assessment can be removed from my shoulder:
1. File a case before consumer forum so that stay may be granted against framed Assessment?
OR
2. File a Appeal before Superintending Engg against the assessment order passed by the Executive Engg. of Electricity Department ?
Or
3. File a Writ Before High Court so that the assessment amount will be removed from my shoulder ?
OR
Anything different approach may I use so that I may get rid of the unwarranted Assessment amount ?
and
In which direction I will have to proceed so that I get out of this false assessment charges against me ?
venkatesh
07 June 2011 at 17:28
just i want details about section ipc 165,and 105
Anonymous
07 June 2011 at 15:56
In a 138 case ,lower court gave judgment of 6 months punishment(imprisonment)plus if the complaint amount remaining 467000 not paid by accused then another 6 months imprisonment.
My question is if i files an appeal then the court (district) can impose penalty.
How much penalty did court impose in this case?
I heard that court will impose 20 % or 50 % amount.Did this true?
kv vijayan
07 June 2011 at 15:47
Hi,
I request the experts opinion as to when a notice is sent under section 138 of NI act to the accused, is it necessary to specifically state that the said notice is issued under Section 138?
2.If it is not mentioned so, can that notice be considered as notice under Section 420 of CrPC.?
Thanks,
kv vijayan
Anonymous
07 June 2011 at 15:37
Greetings !
I am another victim of 498a. Hereby putting the incidents and request for your kind guidance to get rid of this and if possible use the same against my wife.
1. I was marrined in Mar 2008. In Feb2009, my wife with her mother-father threatened me that they file complain under 498 if I do not remove my mother out of house and add her name on the property(flat), which is taken by me on Home loan. At the time my one sis was in advance stage of pregnancy and other sis was just married(1 month). Due to apprehension, I filed anticipatory bail application. The said application was rejected as my wife opposed the same. She also got the resedential ex-party order under DV act in Feb 2009.
2. As relation were over and my wife had terated me with lots of cruelity (also marriage wasnt consumated). I filed a divorce petition in Mar 2009.
3. She kept filing one or the other application under DV and delayed the case. In Mar 2010, she tried to kill my mother and an offence was regeistered under 324. Considering the same Session court was pleased to cancel her residence order and asked me to pay her 5000 for rent as&even she was earning 25000 pm.
4. After that, She filed a 498a in Jun 2010. The case is yet to start.
Please guide and help.
Tina
07 June 2011 at 14:22
DEAR SIR'S
AS MY HUSBAND USED TO MAINTAIN MY INCOME TAX FILE WHICH IS NORMALLY DONE IN EVERY HOUSE.
HE HAS WITH HIM ALL THE RELATED DOCUMENTS AND HE ALSO USED TO GET BLANK CHEQUE BOOKS SIGNED FROM ME.
EVEN MY PAN & VOTER ID CARD ARE WITH HIM.
I HAVE NO CLUE OF THE INCOME AND OTHER INVESTMENTS HE HAS DONE/ SHOWN IN MY INCOME TAX FILE AND EVEN I DO NOT KNOW WITH WHICH BANK BRANCH MY BANK ACCOUNT ARE MAINTAINED.
I NOW WANT TO KNOW THAT IS THERE ANY LEGAL WAY TO GET ALL MY DOCUMENTS AND MY INCOME TAX FILE FROM HIM.
PLEASE HELP ME OUT
REGARDS
TINA
Anonymous
07 June 2011 at 11:28
Hello,
Request an annswer for the below as I had posted it earlier but did not receive any answer as yet. Thanks.
I would like to know that a man married for 23 years with 2 kids from his wife but had not informed the wife about himself being an illegitimate son amount to raping his wife in all those years and does the Section 376 IPC apply to him.
Secondly the properties were put in good faith on the wife’s name along with the husbands name because of love and affection and a Registered Power of Attorney was obtained from the wife. The monies for the properties had come from landed property of the husband’s mother and father. When found that the wife was not behaving in the right manner and went in Christianity without informing the husband and besides that many other unmentionable facts, the husband via the POA transferred the the wife’s share of the property as a Gift back to his mother.
We were married as per Muslim Law. Divorce case is still pending in the Family Court. Wife had run away and filed the case. Besides that for the property there is a separate case filed in the Civil Court.
Custody of the minor son has been granted to the father by the Family Court.
Does any of the above attract criminal charges towards the Husband and his Mother for Criminal conspiracy(Section 120-B IPC),cheating(Section 420 IPC), Rape(Section 376 IPC) read with Section 34 of the Indian Penal Code. This has been filed by the wife besides the other above cases.
Kindly explain does any of the above apply to the case filed and summons sent. I believe a bail has to be obtained. Mother is nearly 80 years and husband is 50 years.
As this is quite serious I will appreciate and be obliged for an answer if possible a little elaborate one.
Anonymous
07 June 2011 at 10:11
As per Indian Law, is forceful intercourse with wife an offence? If yes, under which section,ie. rape,mental cruelty, does it come?
Anonymous
07 June 2011 at 09:54
bank returned the chaque unpaid with memo and the reason is that "Not Drawn Us" what is the remedy ? 138 complaint is maintainable or not ?
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Kindly Suggest 498A
Sir,
I am facing 2 false cases on me, my family members and on my relatives. One is Dv which is on cross examine stage and second is 498A/406/34 which is newly logged and chargesheet yet to filed. Sir the 498A case FIR logged on 26/Aug/10 but I was able to know when my wife filed "affidavit by way of evidence" in dv case, then i filed RTI to know about the truth and on 5/6/11 I was able to know that fir logged last yearly. No one came to my place till 7/6/11. On 7/6/11 IO came to my home and asked me to give bla bla bla of her and some money to him self and he will quash the FIR in High Court as mutual constent( me and my wife)he afraid me he have all the evidance with him but I stright away refused. Sir i have 3days notice period bail by session court before arresting meand other family members. I am very much confused, I dont know what to do. Lawyer ask me for bla bla money for AB. I am from delhi.
1) What should be my next 10 steps?
2) How much time he will take to file chargesheet?
3)Without investegation he filled FIR on me and others members of my family. How come?
4)I had given all the evidence to ACP CAW in month of June/10. She logged FIR directly from Police station. What to do?
5) If i am able to prove her aligation false in DV again i have to prove in 498a?
My life is ruined in these false cases.
The short story of my case is which is very personal still i like to share with u all dont know why. ( I had live-in relation with her, she was 8month of pregnant when marriage happened. My parents accepted her but now she betrated me as a preplaned planned conspiracy with her parents and close relatives. Taj sir i admire you plz give ur kind suggestions.
Thanks in advance.