Ritesh Rathod
30 October 2018 at 21:54
Dear sir, my uncle enter into a agreement with Machine manufacturing company and make a payment of Rs. 500000 by DD now Manufacturers not provide a Machine as per agreement so my uncle demand a refund the 5lacs manufacturer issue a cheque of Rs. 5 lacs which return from bank under endorsements of insufficient balance one more thing i notice there are many victims like my uncle and Manufacturers planning to absconded from country. What remedies i have
Anonymous
29 October 2018 at 11:08
What is maximum punishment to harassing person (s) if the victim who has been harassed commits suicide due to harassment any example precedent of similar case ?
Praveen
29 October 2018 at 05:03
Hi
I am Praveen, aged 30. My query is about the possibility of claim in a job racket case. In Chennai, by 2017, July, a known person of mine(A1), a job racketeer saying Human Rights officer(A2) and his boss saying Joint Director(A3) approached me and seduced for direct recruitment in a department of central government. They have taken me along with others to the concerned office to meet the chief director for confirmation, but we dint meet anyone and later offered me a copy of appointment order and said the original order will be dispatched through post and charged Rs. 4.5 lakhs!
After few days, I come to know the copy was fake and no such recruitment is there by enquiring with the concerned director! When asked for the return of money, the A2 gave me a cheque of Rs. 4.5 lakhs which is bounced and another victim received a cheque of Rs. 6.4 lakhs from A1 which is also bounced! We both filed police complaint together, fir registered and A1 and A2 were remanded, A3 absconded! In this complaint, the other victim who gave Rs. 6.4 lakhs is the main complainant and myself was added as only a victim, not even a complainant! Both A1 and A2 received bail after about 1.5 month by paying, A1 Rs. 3 lakhs and A2 Rs. 2 lakhs!
In the bail hearing of A2, the judge asked to pay 2 lakhs for bail and ordered to settle that amount for two of us each 1 lakh and we received after a month! For A1, the judge asked to pay Rs. 3 lakhs, but not ordered to settle the amount for us!
Later, A3 also arrested in another Police Station for another cheating and he was remanded and bailed! We dont know about A3 that when he was arrested, bailed, or how much money he paid! After some days, the inspector asked for the cheque given by A2 to me and A1 to main complainant, we gave him and he said chargesheet has been filed, you will get call from the court, it happened about six months back, we dint receive any calls from court till now!
Now my questions are, 1. A1 has paid 3 lakhs, do we have rights to claim that money? Our advocate keeps saying some reasons like judge is transferred, the case not reached for hearing since A1 paid, although he is a good lawyer but there is no result or no satisfying explanation and saying am following, possibilities are there to claim. 2. Chargesheet filed, I don't have any idea about this, request explanation. 3. How we can find A3 has paid some money for our case, if he have paid, shall we claim that? 4. Do I want to change my lawyer, if so any NOC needed from the current lawyer?
All accused are free now, we lost our money, out of 10.9 lakhs, we have received only 2 lakhs. All these happened about 1.4 year back and there is no improvement in this case till today! Kindly experts, suggest me what can I do to get my money back! Thanks in advance!
Dhiraj Bar
28 October 2018 at 22:23
Wife got maintenance under 125 CrPC for last 2 yrs. She stay with children separately. 498 is already pending. Does husband file divorce suit?
Uday Kumar
27 October 2018 at 18:10
Expert Sir,
Kindly advise if Appeal against the Acquittal in a FIR is maintainable
If so, in which court it is maintainable and in which section it is maintainable
Regards
R K Gupta
kalyan
27 October 2018 at 11:10
Hi respected experts,
am at final stage of my chartered accountancy course, mostly i will have the knowledge of Income tax act, Goods and service act, customs law, Companies act ,FEMA act, SEBI regulations etc.
but various business sectors will be governed by various central and state acts.
if i got new client in diff sector like chit fund business or co-operative sector like that...
how i will get the information that,,, which act will govern that particular business.... since we have more than thousand act...
kindly help me in this regard .....
Anonymous
27 October 2018 at 10:25
Dear Experts,
Firstly thanks to all of you for providing your valuable feedback on this forum, it has been of immense help for me.
Quick background to the case:
1) I have a CRPC 125 case undergoing, in which my wife has filed the petition stating while she is working, her salary is too less for her to maintain herself. She has claimed for maintenance amount of 50k stating that it is apt based on my income (She has not provided any evidence to this effect)
2) After I submitted my W.S stating the following points:
a) The burden of proof is on her to prove that her salary is too less and she is not able to maintain herself in the salary.
b) She needs to provide evidence to prove my income and how is the said amount justifiable.
3) Their is no application for interim maintenance.
4) After I submitted my W.S the CJM moved the case directly to evidence stage (without listing/framing of issues). In the evidence stage, my wife did not submit any evidence and through her counsel made an application for production of my Salary Slip and ITR for last 2 years.
5) In my reply to the application, I contested that the applicant needs to be rejected based on:
a) The burden of proving my salary is on my wife
b) The current stage of case is Evidence for the applicant, so she needs to submit all her evidences
c) I will submit my income details to the court during my evidence stage, subject to the applicant giving all her evidences before that.
6) Despite my argument the CJM, allowed her application stating that she is my wife and needs to know my income details, and has instructed me to submit the documents.
7) I am planning to file a revision/appeal in the session court for dismissal of the order on the following grounds:
a) The trial court is not following the trial process (Issues not being framed - directly moving to evidence stage - asking respondent to 1st submit evidence (salary slip) and skipping the applicants evidence phase)
b) I being the respondent - production of salary slip and ITR is against the provision of "Immunity Against Self Incrimination". if the information is required then the applicant can move through RTI act or ask court to summon my employer to provide details, but cannot ask me to provide income details.
c) In my reply to the application I have clearly stated that I will provide the documents during my evidence stage, only after the applicant comes to court with clean hands. Thus their is no need for such an order at this stage.
My query to the eminent experts:
1) Can you please provide me guidance/feedback as on whether I am on the right course or needs course correction?
2) I have no issue giving my salary details, but the CJM seem to in favor of the applicant. Thus my fear is he may pass an interim relief based on my salary without considering other evidences/facts (as he has done in this order).
Your feedback would be of great help.
Thanks and Regards,
arunkumar
27 October 2018 at 09:06
my wife has filed no of cases in family court and civil court against me under 498a/dv act/etc though she is staying in my flat along with her parents since last 4 yrs.i am staying in the same flat but having food outside. the flat is registered on my name and my wife jointly.. Her parents are threatening me and giving mental harassment staying in my flat.I want to remove them from my flat legally under which ipc section .House trespass /encroachment etc.She also take tuitions in my house and earning good money about 70 k per month .because of no cases filed by her i can not get a good job and earning about 15 k per month.my parents are staying separate but she still try to involve them in criminal cases by giving false complaints.i have a son of 15 yr old.
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