Kumar Krishan Agarwal Advocate
30 November 2010 at 02:38
My Ld Friends,
I have heard from a old Ld lawyer that a long strike would take place in UP for High Court Bench demand for up to to six months and no official work had taken place by the Lawyers and by presiding judge due to this the accuseds list got long and long which makes all daily accuseds were sent to in District Jail by police. This makes jail position over crowed than its capacity.
Now the Question is :-
1. Whether the Jail Superintendent is legally entitled and power in law to release the accuseds on Bail surety to be taken by each accuseds on the application of the accuseds if accuseds want to furnish surety ?
According to my view there is no provision in Cr.P.C that jailor superintendent can take Bail without the orders of [the jurisdiction court or any ordinance State Government] except Jurisdiction SHO, SSP and Commissioner.
2. What is the emblem or stars on Head Jailor Superintendent dress which may be equivalent to the SHO/ ASP/S.P ?
3. Who is the first rank wise superior officer of the jailor who has full control on jailor activities ?
i.e It is Distt.Magistate, SSP, IG ADG, etc
Anonymous
29 November 2010 at 17:32
i have taken housing loan
5000/ were instalmnts
formal possession letter issued by builder
no physical possession till date
my flat sold to other person
my loan cheque was issued in builder's name
builder not giving possession till dtae
one cheque separatly asked by the company on promise that they will help out for possession
amount was 45000/- which is never was a installment
never approched for help
cheque deposited after long period but within time by them
chque was returned
notice was sent under certificate of posting
on this 45000/- cheque they have filled 138
i think there is no liability on my part
and one high court decision of 2010
directing the purpose of 138 act
i.e it is ment only for day to day business transaction failure of payment of those perticular cheques not for housing loan or those cheques which do not involve business transaction (root of the making of the law u/s 138)
what will be the solution
Anonymous
29 November 2010 at 17:21
whether a state or local muncipal transport driver falls within the definition of public servant?
Anonymous
29 November 2010 at 13:33
Hello all. thi s is Himesh ,
regarding my sub I have issued 24 cheques fro a loan taken in an financing com-pany who told me as its for 20 instal ments and other one for pre emi and three cheques fro security.I hv taken a loan of Rs 100000.00on which they hav sanctioned RS 95400.00.now i have paid 12 insatll ments and form then i did payment by hand to an collection execuruve sent by company.from then he didnt give recipt for three instal ment fro which I apid .so since then I stoped the payment of cheque by stop payment. at the time of sanctioned i havent filled any form or cheque.only I have signed over it and handed over to executuves of company who said melater they will show the copies of filled applications and cheque. now they filed an criminal case aganist me (sec188 ni act).and only saying as 24 installments insted of 20.and even they themselves have filled the cheque amount and also loan application.Now what kind of bail can I provide fro this case and they havnt filed in the loan issued city instaed in they have filed at diffarent city.please do guide me regarding this.
waiting
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Anonymous
29 November 2010 at 13:09
Brief History
Every summmer case booked under 498a & compromised at PS at later stage in same year.
The above situation happening last 4 years
Current year too 498a booked and on verge of closing/compromise
Situation
1) She doesnot want husband & but stays with husband based on her relatives/friends words/direction.
2) She wants his finances hence compromising
3) No elderly talks happening as she believes only is her weapon 498a to acheive her small or big things.
4) She is not opting to leave peacefully nor want divorce
Children are getting impacted on studies/mentally too.
On above situation,met several lawyers but no proper solution
on Either to 1) stay together peaceful if yes how 2) Stay separetly or 3) on divorce?
Whats the way out probably any senior or very experienced family expert possibly can give thoughts in good direction!!
Anonymous
29 November 2010 at 12:40
498a is likely to be closed on compromise to stay along with husband.
But can there be any condition on closures, possibly she is demanding
1) To Move from husbands parental home to husbands own flat (bought on home loan) which is on rent ?
2) Any pocket money can be granted to her?
3) Other of hers wish list?
Was there any judgement passed like above?
Anonymous
28 November 2010 at 23:26
There is a delay of two days in sending F.I.R. to court. That two days are working days. What is the effect of delay in lodging F.I.R. by police in Court. Please give citations if any.
gaurav
28 November 2010 at 19:49
sir,
delhi high court has passed one judjement in favour of complainant to complete the trial with in six months. the judgement passed from the court of s.n.dhingra. can you provide me the same as my case is pending for the last 4 years on cross xamination.nw can i filed an application to complete the trial with in six months by quoting the sme judgement?? plz help me
mukund d gosavi
28 November 2010 at 18:55
can a police officer investigate cognizable offense without arresting a person especially he is known personality and is co-operating in the investigation process ---- m.d.gosavi
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138 ni act
i want to examine the age of writing on the cheque because there is a fraud that has taken place , signature are of mine done on blank chq. about 3 years back but other
writing is not mine which is filled on the chq currently.
I want your help in the matter for the ruling under which i can request court for sending it for forensic investigation because complainant has commited in his petition that accused has signed and written on the cheque currently whereas it is not so and difference between these two writings/ ink on the paper is about 3 years, can carbon dating process can help me in the proving the age of writing and age of signature.