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Gurditt Singh Saini   21 November 2010 at 11:12

Payment Stopped

Sir,
In case where employer on one hand issues the cheque against salary and on other hand stopped the payment of this cheque, whether case is to be filed U/S 138 N.I.Act or complaint U/S 420 IPC, what would be better?

SATYANARAYANA K   21 November 2010 at 07:30

NI Act, Complainant died

Complainant filed a case U/s 138 of NI Act, before the court, case is running, complainant died.

My quarries are

1. Now what will be the case position

2. Is legal heir come into existence or not

3. please mention with section of law or citations

waiting for your valuable replies

Anonymous   20 November 2010 at 22:31

498A

whats the chances of bail being denied in case of old parents charged in a 498A case. The husband being the main accused was granted bail after arrest. Parents will need to take bail when the chargesheet is filed.

The opposite side would definately oppose the bail as this is the main chance of harassing and seeking huge sums from the accused. It has been told to us by the Investigating officer that he visits the police station frequently and puts false applications that we have been harassing him and went to his house to throw acid on him and his daughter.

And also he visits the magistrate court and puts such complaints.

I am concerned that these things may result in my parents bail application being rejected. They are old and I do not want them to be arrested at the time of bail application.

Though I know it is discretionary power of the magistrate in such crimes to grant or refuse bail but the main accused is already out on regular bail.

Is any precaution we can take there is no way we can stop the other party from making such complaints in police station.

S.Kavitha   20 November 2010 at 21:20

first accused, then complainant witness after chargesheet.....nw whether can he be made as accused

sir, it is not two different case. its one case wherein the accused was made as complainant witness after investigation and charge sheet.

past 2days i am posting similar problem, but not got satisfactory reply....this is present case of my friend which has 2be resolved by me during his evidence. kindly guide me.

Sumir   20 November 2010 at 19:45

cyber crime

I had asked a question in this forum i.e. Lawyers club India.
I got a rude reply from a member.(name can't be disclosed).
In return I send him an equivalent rude remark.
Now, he is threatening with action under cyber crime.
Please help...

dhanpat   20 November 2010 at 18:59

bank statement

providing my bank statement & details to person other than me without my knowledge & consent.


BANK REPLAY TH MAIL


We wish to inform you that as per the Bank's process, the adhoc / additional Bank statement is only issued basis due the written request or when the customer comes in person requests for the same.

In the instant case, we have investigated the matter, but we are unable to retrieve the request letter.

We also would like to bring to your notice that the staff who seems to have signed the statement (as per the xerox copy of the statement on record), is no more in the service of the the bank.

We have initiated appropriate action against the other staff who was associated with the retreival of the Bank statement as per the Bank's process.

We deeply regret any inconveniene that may have been inadvertently caused to you.


R.P.Sharma   20 November 2010 at 18:33

379/411 ipc

case registered but owner of case prop never appeared before cout can a court convict the accused with out evi.

Anonymous   20 November 2010 at 15:53

crpc 44

please help wife has attached false list of stridhan with high value artiacle in additon to that the fasle list of stridhan is also fabricated with the fasle sign of husband.

under what sec wife can be punished is immidiate complaint to arrest be made to wife by magistriate as under

44. Arrests by Magistrate.


(1) When any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody.

(2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.

Anonymous   20 November 2010 at 15:28

Bail

Is there any procedure that bail may be granted to the accused in a 498A case without being present in court or if presence is mandatory and mere representation by a lawyer would not suffice.

sumit arora   20 November 2010 at 13:31

section 4/25 is bailable or non bailable

dear sir,

i wanted to know that my brother was carrying 20 inch sword and police arrested him and file a case under arms act 4/25 and they told us that it is bailable offence and told us to go to court and in court we filed the bail papers but it rejected and he had given 3 days police custody now i wanted to know that after 3 days PC bail will be given or further pc will be given. kindly let me know

Thank you