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Anonymous   05 October 2010 at 22:50

CBI Cases-discharge

Sirs,
In Cases relating to 13(1)(d) of PC Act,1988,
what is the section for filing discharge?

What is the difference between summons case and warrant case?
Thank You,

Anonymous   05 October 2010 at 22:00

EC Act

one person A was caughts by the police while he was using the domestsic LP gas cylender from his hotel and one police has detect the said cylender and taken over to police station their they have called the civil supply officer and the said civil supply officer has seized two number of gas cylender from the A at police station the said civil supply officer has submitted the fir along with seizure list to court of collector stating that she has seized the cylender from A at police station as he was using the domestic cylender for commercial use.during hearing police IIC told that he was not present their but his staff has seized the said cylender.and the court has ordered in his final order " consification the cylender , the licence for use of domestic cylender will be cancelled and on EC case will be put to court of District and session (special) judge
So advise me what to do and in what manner and what is the plea .
my privious plea is that the A has booked the cylender after one month of booking again another cylendesr which he was using also become empty so he approach to distributor he assured to give on next day on next day he has taken ovesr the twao number of cylneder with the help of one man to near his hotel in the mean time the delivesry man has phoned that he has brought the cylender for him but house is locked so A request him to kindly bring the same near his hotel so after some time the said delivery man has brought the cylender nbear the hotel and returned immidiate after back of delivesry man some person aong with one police constable came and taken ovesr the cylender stating tha they have come for verification so next day they will return the smae on next day agains some people of civil syupply office came and taken the signature of the A stating they are taking the sign as proff of verification and also says that next day A will get back his cylenders but he has not got any cylender rather he has recieved one notice from the court of collector.

Vikas Aneja   05 October 2010 at 20:04

SC & ST Act

I filed a criminal complaint under section 3(1)(x) of SC & ST Act R/w 323 IPC and in complaint I specifically mentioned that the accused belongs to higher caste and the complainant belongs to lower caste.
In Preliminary evidence, the complainant produce his caste certificate to prove his caste and fully corroborate the complaint, but he did not say any word about the caste of the accused and the lower court summoned the accused only under section 323 IPC and not summoned under section 3(1)(x) of SC & ST Act on the ground that none of the witness uttered any word about the caste of the accused, I specifically told the Judge that witnesses has no need to say any word about the caste of the accused as it is the accused who can prove his caste, and in complaint it is specifically mentioned that the accused belongs to higher caste, but the lower court ignore this point.
I filed revision against that order.
Now the question is
1) whether there is any need to specify in the evidence about the caste of the accused?
2) If yes please give some citations
Thanx

N.J. MISHRA   05 October 2010 at 18:12

indian citizen master collided foriegn ship

indian citizen master of the ship collided foriegn registered ship at Singapore. master is absconding, sold his house in chennai. can i file a crminal complaint against the master in india and what criminal action can i initiate, please suggest

ishaq mohd   05 October 2010 at 18:06

sec.378 (4) cr.p.c.

can aappeal be filed in session court against acquital in state case latestes case law please

N.J. MISHRA   05 October 2010 at 16:11

breach of contract

please advice me

a private complaint can be filed for breach of contract punishable u/s. 406 Cr.p.c., because section 405 also includes breach of any legal contract.

Anonymous   05 October 2010 at 15:56

Cancellation of NBW u/s 138 NI act

Court has issued a NBW on 13/9/2010 to accused when same was sent to respective police station.....

after few days we have received police confirmation. that Court has cancelled the NBW. vide dated 30/9/2010....

while next hearing is on 11/10/2010

on what ground Court can cancel such NBWs.

Anonymous   05 October 2010 at 15:48

A matter pending in the Juvenile Court.

Hello,

I have a case pending against me in the Juvenile court in Mumbai.Its a criminal case of forgery of 11th standard marksheet.The act happened on 20th February 2000 (When I was 17 years of age).The case was investigated by the state CID.My lawyer filed for a transfer of case from Kurla court to the Juvenile court.This request was granted.CID were ordered to file a fresh chargesheet in the Juvenile court.CID took 1 full year to do that and finally filed a fresh chargesheet in August 2010.Then the charges were framed and the trail commenced.Since then the CID lawyer regularly remains absent.The CID haven't attended the court date for two consecutive dates.

I need to know as to the probable outcome of this matter.What is the time frame within which the matter can be reasonably expected to be resolved.When can I request the juvenile court to dismiss the case as the opposite party remains absent consistently.

Its been more than ten years since the act was committed.I am now 28 years of age and this case is proving to be a hurdle in my career.

Waiting for a reply from your side.

Thanks,
Anonymous

M/s. Y-not legal services   05 October 2010 at 14:40

experts's different opinions for same problem:

THE GIVEN BELOW BOTH TWO QUERYS FOR SAME PROBLEM.. THE FIRST QUERY POSTED FROM A BOY'S SIDE [09.10.2009].. BUT THE SECOND QUERY WAS POSTED FROM GIRL'S SIDE[16.09.2010].. BUT FROM THE BOTH EXPERTS'S ANSWERS ARE FAVOURING TO THE GIRLS ONLY..IS INDIAN LAW SHOWING ANY DIFFERENTS FOR BOYS AND GIRLS?

SEE THE DIFFERENCE OF BOTH QUERYS.. IN 1st QUERY THE GIRL IS ACCUSED.. IN 2nd QUERY THE BOY IS THE ACCUSED: LAW IS EQUAL TO EVERYBODY. NO PARTIALITY BETWEEN GIRLS AND BOYS.. BUT OUR EXPERTS SHOWING GRACE FOR GIRLS ONLY.. KINDLY SEE THIS TO QUERYS..

1. Love before marriage.


author : allurisivajiraju

Posted On
09 October 2009


Respected Seniors,

A Boy and Girl fall in love and both are enjoying from 2 years with physically and sexually. Now that Girl ready to marry another person without just and reasonable cause.
That Boy is still wants her and disturbed mentally and he is under treatment for mental shok and he also loss his bright carrier.

In the above circumstances what is the remedy available to that boy. What is the procedure to stop the marriage to be performed by that Girl with another person.

Thanking You Sir in Advance.


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Expert : Kiran Kumar

Posted On
09 October 2009
Has the boy got any right upon the girl?

he should be thankful to God the girl has not slapped any case on him for physical exploitation.

"just and reasonable cause" are not the relevant terms in such type of matters.

and to my knowledge there is no law in India to settle such type of matters.



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Expert : charudureja

Posted On
09 October 2009
I agree with Mr. Kiran. what right the boy has on the girl, apart from that they were friends n intentended to marry each other once upon time but that doesnt make a contract between them nor is she his wife that if now she wishes to marry somebody for whatever reasons that the guy wants to stop her. i m sorry there is no such law, when a boy who ditches a girls n marry another girl cant be stopped same is the case with girl.

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Expert : joyce

Posted On
09 October 2009
Actually we had come across with such problem that is boy getting married to other lady, the injunction was taken under sec 151 with inherent power of court, but conveing the court and drafting the pleadings must show the ingridents of injunction. Balance of convience, hardship, loss & damge mentally as well as physically by doctors certificate as to physco factor.We had got stay but it was disposed by 30 days. both got married now leaving happy married life.

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Expert : Sachin Bhatia

Posted On
09 October 2009
The boy has no right on the girl. There is no remedy left for boy.

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Expert : Adinath@Avinash Patil

Posted On
09 October 2009
THE BOY COULD NOT COMPELL GIRL FOR MARRIAGE. THRE IS NO CIVIL REMEDY.


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Expert : STRANGERRR

Posted On
09 October 2009
hi. the first thing with true love is that it must be unconditional ,if we go by law there is no provision under any law which provides any right to an individual over any other.

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Expert : A.P.Manoranjan

Posted On
10 October 2009
Dear Alluri,
The boy does not have any claim over the Girl without any evidence to the fact that both have lived together for more than two years and have physical relationship with the consent of the Girl.



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Expert : Y V Vishweshwar Rao

Posted On
10 October 2009
I agree with Joyce message !

Livig together for Two years with phisical Relation is not with agreement for marriage! Is it not implied agreement for marriage!


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Expert : sarvesh k sharma .0-9258044407

Posted On
10 October 2009
yes, i m also has d same view dt it is not implied agreement for marriage.



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Expert : Shivasurya

Posted On
10 October 2009
Dear Alluri,
Advise the boy to lodge criminal complaint against the girl for offence of cheating and criminal breach of trust before the concerned police and its higher officer, if inaction approach the Hon'ble Highcourt for direction to the police to register the case against the girl for offence u/s.406 and 420 I.P.C. the boy will get some relief


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Expert : RAKHI BUDHIRAJA

Posted On
10 October 2009
I do agree with my ld. friends.


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Expert : ritu bhadana

Posted On
10 October 2009
I agree with mr. kiran


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Expert : tom.advocate

Posted On
16 September 2010
i agree with experts.. even just think from otherside.. if this same problem to that girl and, this query posted by the girl mean all of your answers will be the same only? no one will advise her to go with a police complaint?

i have to say one thing. I can't control me.. For leaving this query.. Your friend may be face a case under section 302 of ipc. Mr.kiran forget one thing.. That he didn't made sexual relationship with out her concent. Then why she going to slap him..


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2.before marrige relationship:


author : Anonymous

Posted On
16 September 2010

Respected sir/madam,

my friend and her boy friend fall in love and both are lived togetherly from past 2 years with physically and sexually.[not yet married] Now her lover ready to marry another girl without just and reasonable cause.
she still wants her lover and disturbed mentally and she is under medical shock treatment.. also she loss his bright carrier.

In the above circumstances what is the remedy available to my friend. What is the procedure to stop the marriage to be performed by that boy with another girl.please sir/ madam give any solution to my friend's future.

Thanking You Sir in Advance.


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author : Anonymous

Posted On
16 September 2010

any police complaint possible?


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Expert : sudhir sharma

Posted On
16 September 2010



the girl will have to file suit for permanent and mandatory injunction against her boy friend along with prayer to restrain him to mary with another girl. the girl shall succeed her case


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Expert : sudhir sharma

Posted On
16 September 2010



ya, she can lodge a FIR in police too


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author : Anonymous

Posted On
16 September 2010

Thank you sir.. Complaint before whom?


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Expert : Amita Chaudhary

Posted On
16 September 2010



well lodging a FIR immediately narrating the entire facts...
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Expert : Parthasarathi Loganathan

Posted On
16 September 2010



Girl can also simultaneously bring all these facts to knowledge of boy's parents / relatives / friends and proposed bride's information

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Expert : s.subramanian

Posted On
16 September 2010



I agree.Now the Indian Courts have given recognition to live-in relationships even without formal solemnisation of any form of marriage. What you have stated amounts only to that. Hence you can approach the courts for reliefs confidently.

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author : Anonymous

Posted On
16 September 2010


thank you to all..




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Expert : Sanjay Gupta

Posted On
16 September 2010



Please do all above-mentioned but you should keep in mind that there is no law restraining a major from marrying and you also did not mention that whatever relation was in between your friend and her bf is under any commitment and or force rather it is mutual and with consent.

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Expert : Devajyoti Barman

Posted On
16 September 2010



Moreover sex on the promise of marriage amounts to rape.
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Expert : Ajay Bansal

Posted On
21 September 2010



AGREED WITH DEVAJYOTI.

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N.J. MISHRA   05 October 2010 at 11:30

private compliant

please advice me


master of the ship was appointed on contract basis executed in mumbai.
ship not registered in india collided at singapore due to negligence of indian master. master is absconding his whereabout are not known, infact he has sold his house. notice was served at the master's parent's house at pondicherry. still not received anyy reply. can i file a private complaint against the master, still if is not available then will be the remedy