Anonymous
21 March 2011 at 13:24
hi
At what stage evidence need to be submitted to opposite party.
I have audio and video recording, I want to present at stage of cross examination only. Do i need to make transcript of audio recording.
If i produce this before I think i lose the edge and my ability to prove them liar in cross examination stage,
what is procedure of producing evidence i court for matrimonal and 498a, domestic violence.
at what stage i get to see their witeness list and fir copy
Anonymous
21 March 2011 at 13:14
In a case of NIA 138/r/w 142,when does cause of action start----
From the time of receiving of the notice by the signatory of the cheque or after the passage of the 15 days(in case of non payment by the signatory of the cheque ?
Please specify....
I am confused, the notice sent by us was received by the noticee on 15/02/11, more than 30 days are already past,can we file a case in the court now?
Anonymous
21 March 2011 at 11:52
Sir,
A land owner has filed a criminal case against me and the MD of my company under SC/ST pA Act section 3(i) and 3(v). However in the compalint he had only mentioned that his one piece has been grabbed by the company and on other pieces, dust, waste material and frainy water is being dumped. He has mentioned the date of offence as 08.05.2008.
I want to state that I was not serving with this company at that time and I was in JP Cement which is almost a thausand KM away. I joiuned this company on 12.08.2008 as President. DSP has investigated and submitted his chargesheet. Some of theb facts are;
1. He has not taken my or MD's statement while I pressed him to take my statement and mention in the report about my date of joining. I evven showed him the release certificate from previous employer.
2. In report he cleared us from Grabbing of land. The complazinant and his witnesses has mentioned that waste material and rainy water is getting dumped due to negligence of President and MD.
3. This is also false that waste material is being dumped as we have separat designated land as approved by Pollution Control Department and we have their inspection reports of Pollution department, before and after the date of alliged offence.
4. I am resposible for operation of plant. The land matters, commercial divisions are looked aftefr by other executives repiorting to the owners.
5. My advocate had applied to High Cort for quashing of case before it waqs admitted to SDJM. TH honourable high court passed the order that we should approach local courts fgor releife and if need be we can approach High courts later on.
6. My advocate says that the proof that I was not in the company will get me discharged from charges which will be submitted to Honourable sessions judge in first week of April.
7. He said that problem may be to the MD but MD also sits at Delhi office and not at Plant in Orissa. Moreover the offences are not correct.
8. The case was filed by complainent directly to SDJM in Sept,09, when we refused to procure their land on higher cost fixed by IDCO the nodal agency for land aquisition. As the rates were five times more than the government rates, company refused to procure land through IDCO and the aquisition process is under de-notification.
Kindly advise if I and my MD can get discharged at charge fixing level itself.
As the case is false and with the sole intention of selling land to the company at very high price, the complaint has been iniotiated.
regards
Anonymous
20 March 2011 at 23:52
is
DV case after 7 month of seperation possible.
she has already mention in 498a i slapped her once.
Anonymous
20 March 2011 at 23:50
is
DV case after 7 month of seperation possible.
she has already mention in 498a i slapped her once.
Anonymous
20 March 2011 at 20:37
Section 225 of the criminal procedure code, 1973
In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor. so can we say that the lower court below the session court there are no public prosecutor or what ?
Difference between interim bail, regular bail & anticipatory bail ? which section defines the following bail ?
Thanks.
Anonymous
20 March 2011 at 19:10
Sir,
One person took sign from us on blank stamp paper, blank papers and on blank share transfer forms etc, for his loan given to us by giving trust of not to use it and at the time without our knowledge he is continue to use it.
Now we are ready to repay his loan amount but he is not interested. Asking for 20 times more amount of amount he had given to us.
We had lodged a police complaint against him. Police has taken reply and we have asked the document under RTI,2005.
In the reply of person he has mention that he has given help to us and we are not ready to pay his amount.
We have also asked our document back but we came to know that he has used all the documents and transferred the share on his own name. Payment of share he has shown . He transact that amount before two year in trust and by saying us that this is just a transaction. He didn't mention that he is depositing share payment with 1 rs value only. He also took back the amount from us by self cheque.
He has made one MOU by using our blank signed documents and mention that he has purchased the factory from us with this condition.
He has also asked for forgery against us by using that MOU in court. He is saying that the party has appealed wrong and made wrong affidavit to court as he has already sold the factory to me before 3 years. Party knows well that he had sold the factory before 3 years and now as property price have been hiked party is doing nusiance to receive his factory which he has already sold. He has asked for imprison of us and also he had signed on one letter by giving authority to us for use of land but now he is saying that the party has made imitation of his sign and thus doing forgery.
We are deep in trouble. How can we prove that he has signed that letter? Original is with him.
2nd we had taken only limited loan and he used all signed documents showing we had sold the factory to him.
We were in trust and now he wants to make us prisoner.
What can I do? Fact is he has done forgery with us with very pre plan manner and now we are in trouble.
He is also not allowing us to enter in premises and also not coming for settlement.
What to do? Can we leave the court case against him to save from imprisonment?
Or we should do document cancel suit ?
Or what is the other legal way to get property back and also to save from his excuse of the page not signed by him.
Please reply,
Narinder
20 March 2011 at 18:17
IIII
Anonymous
20 March 2011 at 17:00
R/ Sir
In case of accident injured party approached private medical practitioner who issued certificate that injured got his leg fractured. But original certificate is not filed with charge sheet only xerox copy is filed. Thereafter prosecution called the concerned doctor as witness and doctor proved contents of certificate. The magistrate then assigns exhibit mark.Can exhibit mark be assigned to xerox copy.
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Burden of proving allegation
Hi
in dv and 498a, burden of proving allegation is on person making allegation or the person against whom allegation is made.
If burden of proving allegation is on person making allegation then why do we see so many family in jail for fail allegation.