Arvind Singh Chauhan
28 September 2010 at 22:44
'A' left last two signed, blank cheque and request attached in last of cheque book to issue new cheque book, for his family's use. Wife lost the book. 'A' Inform police about this, and requested bank to stop payment. 'B' finds the cheque and present to bank along with request to issue new cheque on adress filled by 'B'. After dishonour 'B' has resorted to 138 N I act. 'A' has collected the information from postal dept. that new cheque book has been received by brother of 'B' at 'B's address. 'A' wants to file FIR against 'B'. Which sections of IPC are appllicable and aggainst whome.
Anonymous
28 September 2010 at 22:32
Please let me know what ever my wife says under FORM 1 or FORM 2 is it under the affidavit as told in Form 3.
Am I eligible to file for perjury under crpc 340 if my wife has lied under FORM 1 or 2 intentionally.
Can I file for discharge of summon under 258crpc for DV as soon as I recieve the DV summon.
If an IA is pending in
DV can the court pass interim orders.
Anonymous
28 September 2010 at 14:00
Pls someone advise me the procedure in mediatin center in allahabad HC. The case is under ipc 498a; 323 ; 3&4 DP act.We have already taken stay arrest from Hc.
and is applcable til mediation center gives theer report to HC
Is it face to face discussion with other party in presence of mediator or
Should we take service of some lawyer in mediation.
Who can attend the medation from husband side. only husband or all family members?
Any other tips ?
Parvez
28 September 2010 at 12:46
This is a case of failure of “Swiss Aqua” brand mineral water bottle sample(No.5538/ASR) taken by Chief Health Inspector of Northern Railway from pantry car of 2926 Up Paschim Express on 15Jun97 from Mr. Gulab Premanna ,Bill Issuer of Pantry car no.94192(CPT62).
As per the sample report of mineral water bottle “The sample was not found contaminated however was found not having properly labeled and therefore it was taken as “misbranded” (Batch/lot/code no of the product were not given).
In this case, Mr. Gulab Premanna, bill issuer and Mr. Shabbir Shaikh, CCTRI Dinning Car, Mumbai Central have been made first and second party while the firm M/s natural Food Products, Borivali (W) Mumbai (Supplier of Swiss Aqua brand mineral water) has been made third party.
The case has been filed in the court of Judicial magistrate, First class at Amritsar and since then hearing has been going on at a regular interval.
Unfortunately, the two staff of Western Railway, Mr. Shabbir Shaikh CCTRI/Dining Car & Gulab H Premana ,Bill Issuer have been implicated in the prosecution in case no.55/99 in the court of JMIC-Amritsar. It is pointed out that Mr. Shabbir Shaikh-CCTRI has been made party in the case being in charge of Dining Car at Mumbai Central though not traveling in the pantry car.
The two of the Western railway Staff have been implicated for none of their fault.Hon’ble Court had issued a Warrant against the employees.
Strictly speaking the case should have been registered against the manufacturer/s Natural Food Products, Borivali, Mumbai and Railway staff could have been witnesses, if required. The staffs so charged have undergone mental, physical and financial agony. The contract was discontinued in 1997-98 itself whereas the case was registered after 2 years.
As per section 186 of Indian Railways Act, 1989 “No Suit, Prosecution or other legal proceeding shall lie against the Central Government, any administration, a railway servant or any other person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules or orders made there-under. This was completely ignored by the Hon’ble Court and warrants were issued.
Neither Mr. Shabbir Shaikh CCTRI/Dining Car nor Gulab H Premana ,Bill Issuer was guilty as Food and water is directly supplied in the sealed boxes from the store in the Train and there is no way that these staff can have a Quality Control.
Tenders are allotted to the contractors at a higher level by the Railway Administrative authority and staff is supposed to use the material supplied by the contractor which the staff did in a good faith. It is a Contractor/Supplier responsibility to ensure that material supplied is as per the terms and condition set by the Railway.
It is also pointed out that no sanction of Western railway was taken or proper advice was given by Northern Railway at any stage to prosecute the staff.
My Father (Mr. Shabbir Shaikh) has already retired in Apr10 and suffering from Hypertension and Diabetes. It is very inconvenient for him to travel all the way from Mumbai to Amritsar on all dates for which he is not at all responsible.
I have been given to understand that the trial is near completion.I wanted to check say God forbid if my father has been convicted by the court how can I proceed with the following:
What's the process to challenge the decission in Session Court?
If he is sentenced for imprisonment then how much time will it take to bail him out?
Is it possible to take a anticipatory bail?
Any other legal process by which I can avoid his arrest?
Your Truly,
Parvez
insaniyat
28 September 2010 at 12:29
Dear Experts,
She filed false 498a and DV last year and mentioned that she has no source of income. She lied to court while she is the owner of property fetching handsome monthly rent.
I had collected certified copies and EC of her property. Can you advice me how to make use of this documents?
Thanks and regards.
Anonymous
28 September 2010 at 10:15
w.p.decided by hon'ble high court orer to comply ordedr within eight weeks .date of orer is 22 july 2010 accordingly eight weeks period complete on 22 sep 2010 .we proceed to Hon;ble supreme court to challange the order my question is
1)can apposite party file contempt proceeding after eight weeks or after 3 months from date of order(limitation period)pls reply urgently
Thanks and regard
Anonymous
28 September 2010 at 09:30
Hi,
I have obtained an expartee decree of divorce in 2007 and my wife has filed a petition in high court for stay and it is in the final hearing and please let me know what could be the result from your experiences.
I have been married in 2002 and I have stayed with her still 2006.
She has filed a 498a case after decree of divorce and we have applied for a discharge in the court how much is the rate of success. We have also filed a fir against them because they have assulted us and can please let me know how to get rid of this 498a case as it a false case and should I have experienced lawyer for this because the lawyer right now is just 3 years experienced.
Please provide me some experinced lawyer number in bangalore and even economical.
Anonymous
28 September 2010 at 09:18
as we have a plot , the owner of the plot is my grand mother for past 25 years.She died six monthe back. She made a registered will & registered gift deed on the name of my father three years back and my father also paid the stamp duty in the front of sub-registrar.My uncle doesn,t know about the situation of the plot and he presented a fraud un-registered will in the front of the court that is (the thumb mark of my grand mother is six years old &the will date is eight months old).We the possession of the plot for past three years .Now we apply for the injuction case ,then we take the pictures of the plot to show the possession of the plot .Next day my uncle goes there and broke our locks and put his own locks and also put security gaurds.then we complaint in the police station .The sho also seen the registry of our plot & my uncle denied to show any documents regarding the plot .now sho is not co-operating with us .the sho of police told us that i, am busy in common wealth games .So you are requested to give us the right direction that whether we can wait for the games to finished or move to higher authority for complainting the sho.
Anonymous
27 September 2010 at 20:00
I HAVE ISSUED BLANK SIGNED CHEQUES TO A PRIVATE FINANCER AND HAVE BORROWED RS 1.5 LAKHS. I HAVE ALSO EXECUTED BLANK PROMISSORY NOTES. AT THE TIME OF TAKING LOAN I HAD TAKEN XEROX OF MY SIGNED BLANK CHEQUES FOR MY REFERENCE. IN THE MEAN TIME I HAVE REPAYED 80,000 AND HAD DELAYED PAYING INTEREST. NOW THE FINANCER IS THREATNING TO PAY THE FULL 1.5 LAKHS AND 80,000 IS ADJUSTED TOWARDS INTEREST. I HAVE PAID ALL THE MONEY BY CASH. HE HAS NOW PRESENTED THE CHEQUES FOR RS 3 LAKHS AND IS HARRASSING ME WITH SEC138. IS IT NOT POSSIBLE TO PROVE THE MONEY I HAVE Actually borrowed. WILL THE BLANK XEROX COPIES WONT HELP ME AS EVIDENCE THAT I HAD GIVEN BLANK CHEAUES. THE HANDWRITING OF THE AMOUNT FILLED IS THAT OF THE FINANCIER.
PLEASE ADVICE
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maintenance
my sister has four daughters and my brother-in-law have now decided to marry another girl. so my sister want to claim maintenence for her four daughters but my brother has no standing source of income(we dont know how he earns for living but he is living a good life)...in this situation can she claim maintenece from him.