C S PATANKAR
05 December 2010 at 13:43
This is with reference to my previous query. I really thank all the experts who have taken pains to answer my query.
Actually, this is a case of 'Head of Association of persons' i.e.Head of a Company within the meaning of section 85 of IT ACt using 'Offensive language' the description of such language fulfills the criterion of section 66A of IT ACT, and this instance of person originating such language with other person is during Formal Communication in connection of a business
Will the punishment to the Head of the Company shall be one and a half times of the instance when such offense is committed by the ordinary person, of course if the offense is proved beyond any reasonable doubt, which shall happen in this case as 'Offensive language' has been repeatedly used without any justifiable reasons.
Anonymous
05 December 2010 at 11:48
complainant has filed a complainat on the pretext that a plot was alloted to accused and in order to discharge the legal liability accused a cheque for Rs. 20 lacs only at the time of allotment. The allotment letter placed on record have not mentioned any date. however the allotment was done in the year 2004 and complaint has been filed in the year 2010. how can it be proved that the payment is being demanded time barred debt and 138 of NIAct is not made out.
Mushtaq Ahmad
05 December 2010 at 00:34
I have a question about the time a prisoner spends in the jail. We see that people come out of jail much earlier than their time. For example if a man gets 10 years sentenc, he comes out of jail after six or seven years. Please tell me that how the sentence is reduced.
Anonymous
04 December 2010 at 21:20
Is at inquiry stage u/s 202 cr.p.c. the opposite party against whom the complaint is pending has any scope to appear before the court and bring facts necessary for the just decision of the case .please support your view with Hon'ble High Courts & Apex Court decision, if any.
Anonymous
04 December 2010 at 16:33
“A” is a holding Company and “B” its subsidiary. “A” transferred its goods manufacturing plant to its “B” subsidiary Company. The book value of the said plant was 20 crores. But the manaement of “A” pre-decided to got the plant’s valued at 40 crore from a valuer and was finally able to get the valuation done at 40 crores months after their recorded decision in their Board meeting. Is the act of the management pre- deciding the value before the valuer’s report legal as it effected the profitablity of both the companies (i.e. companies under the same management) and its shareholder. In other words the valuation was got done from the valuer as per the wishes of the “A”’s management. Can the holding company as well as valuer (for conniving with the management) be booked under the provisions of Indian Penal Code for manipulating the price and cheating shareholders of its subsidiary.
Anonymous
04 December 2010 at 14:26
Dear experts
I am working in a law enforcing agency. Often we come across to the situation when during surprise jail search we recover cell phones from the possession of jail birds.These are being smuggled in to jail stealthily through various methods. Is this an cognizable offence under Indian penal code? if an offence the section thereof? What to do in this situation. What can be done against the SIM/ phone subscriber whose set are recovered within jail premises?
Please reply
Anonymous
04 December 2010 at 05:58
i have been married for 3 yrs and since marriage i ahve victim of dowry harrasment and frauds.My husband married me on false grounds of education and job and i was successful software engineer.he and his family looted ,abused me physically ,financially for first year while i gave birth to my daughter.He never had job and after that he forced me tpo move to australia on permanent visa on my name and he as a dependent .After going their he attempted to murder me several times that i had to call police and take out protection orders aginst him.He has been busted by the local police in India for having fake passport but what should i do for the fake passport correspondence to reach Australia.Now iam in India and how would you advise me to file case for dowry harrassment
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USE OF ABUSIVE, INSULTING AND FILTHY LANGUAGE THROUGH EMAIL BY A KNOWN PERSON DURING FORMAL COMMUNIC
This is with reference to my query raised previously and answers of Mr M V Gupta and Mr Arun Kumar Bhagat on whether use of defamatory language can be questioned?.
Agreed that the communication is entirely private, but then when it is shown to others on sufficient annoyance and therefore sharing it with your close group and therefore made public and also in a similar manner made public at the time of being taken to judicial forum for justice, will it not become Defamatory when the communication made public?
Please clarify.