Anonymous
25 September 2010 at 16:06
so can a person secretly record their conversation with another person without authorization of teh police with intention to submit teh tape as evidence later to substantiate tehir complaint of an offence committed by that other person or intention to commit offence in the recorded conversation? wud that b illegal?
M. Jayalakshmi
25 September 2010 at 15:10
It was in the common interest in 2005 then executive committee of our flat owners’ association decided to file a consumer dispute before the State Consumer Commission against the builder for deficiency in services etc. Twice letter were sent to all the flat owners. In January 2006 about 20 flat owners gave their consent to file the case. The necessary resolution was passed and the sec-retary filed the case.
My husband got elected as secretary in March 2006. His appointment was duly informed to the state commission. In January 2007, on personal grounds he resigned from the post of the secre-tary. The out going committee President in the annual report (Feb. 2007) did not mention about the resignation of my husband as secretary. He requested all flat owners to cooperate with the new body elect in related to the case.
The same person as President formed a Care Taker Committee (March 2007) with a group of flat owners, without bringing amendments in the bye laws. The committee wantedly avoided passing new resolution or revoked the earlier committee’s resolution (in my husband’s name) related to representing in the consumer dispute on behalf of the association before the state commission.
As per the instructions of the standing counsel my husband named as one of the complainants in the case filed affidavit and continued to handle the case till the pronouncement of orders by the state commission in July 2009. The Care Taker Committee ignored the consumer case, but, went a step ahead joined hands with other association in the area and filed two writ petitions in the High Court against the builder. As the reliefs sought were not proper, under the instructions of the standing counsel my husband as secretary of the association forced to file a writ in the High Court to avoid damages to the existing consumer dispute. The court and other expenses were borne by my husband (March 2007 till July 2009).
In Jan 2010, elections were conducted and my husband was re-elected as Joint Secretary. The case details and expenditure accounts were presented to the present President of the committee. He was also requested to call for a meeting of all flat owners as the builder failed to comply with the state commission orders. As there was no response from his side the degree holders again authorized my husband and an Execution Application was filed in April 2010 against the builder before the state commission.
During the end of May 2010, all the degree holders received notices and order from the National Consumer Commission of the First Appeal filed by the builder against the orders. The National Commission had awarded an amount to the respondents to appear before it in Sept. 2010. It was a condonation of delay petition. Before the expiry of the stipulate time, the builder came to hand over the amount to the association President. He informed him that, he is not interested in receiv-ing the amount and sign any receipt for the same.
My husband immediately informed the national commission about the non receipt of amount in time. But in June 2010 at a later date the present President accepted the amount and issued re-ceipt, without the knowledge of the executive committee or the respondents. A day later issued a letter to all the respondents to collect the amount in the meeting (date fixed was a month later) July 2010.
As per the summons of the State Commission, the builder’s counsel appeared before the State Commission (June end) and filed a memo along with the national commission order. But, on the same date through another counsel he filed a false private criminal complaint in another court against my husband and another flat owner under IPC sections 419, 420, 469, 448, 506 & 34. My husband and another person were forced to apply for Anticipatory Bail. This was later awarded by the court.
The present President had issued a letter to the builder with true and false information, which he utilized and filed the private criminal complaint. Due to implication in the false case my husband as the authorized person did not accepted the amount awarded by the national commission from the present President.
The builder appealed before the National commission about the summons issued and obtained an interim stay and the same order was submitted before the state commission in July 2010.
The false complaint matter was informed to the State and National Commission by my husband. But, the builder has not disclosed the same before both the commissions. The investigation by the police is pending.
The national commission in its latest order says as follows; “No one appears for the respondent-association despite the appellant having complied with all the directions contained in the earlier order, which is also acknowledged by the respondent-association. Heard. Admit. To be listed on (March, 2011) before the Registrar for fixing a date of final hearing. Interim order to continue.” The State commission has also adjourned the case to April 2011.
After the false criminal complaint filed by the builder, the co-degree holders and other flat own-ers have not come to the rescue of my husband. They are remaining aloof.
My husband has been put to mental agony, harassment and financial problems. In this matter I need help as my husband is cheated and intimidated want to bring the culprit to books as well as make others feel the responsibility (as most of them are government employees).
I hope that, experts will give their advice and the same will be placed before all the flat owners as notice.
Anonymous
25 September 2010 at 14:53
A quarelled with B at noon. in the evening Mr B came to the house of Mr A and attacked him with a sword ..Mr A sustained severe injuries when the incident was reported to police they register the case under Sec;326/506/34/IPC...i want that the accused may be charged under 307 IPC.. so how can i alter the charge...is this possible to re-register the charges
Anonymous
24 September 2010 at 22:38
Dear Sir,
one of my client had filed complaint under section 138 of N.I.Act. at the time of filing complaint simple authority letter was annexed that "he is authorised on behalf of the company to file complaint".It is important to note that complainnat compant is pvt. Ltd company. even in the affidavit of evidance board resolution is not filed, but averment has been made in the affidavit of evidance that here is annexed and marked as Exhibit-A isthe original true extract of board resolution, but instead of board resolution authority letter is nexed, now the cross examination has already been stated. Pl. i want to know how i can exhibit the original board resolution on record. and pl. also give me whether there is any supreme court /high court judgement on that issue that complainant can file board resolution at any stage during the course of cross examination.
Thanking You.
Anonymous
24 September 2010 at 19:18
a lady moved a Complaint under Section 406 IPC against her husband in which the husband and his family members have been summoned. The lady earlier filed a complaint under Section 406 IPC against her husband & his family which was dismissed on the ground that the lady was absent on the date and material available on records does not disclosed any offence punishable under Section 406 IPC so the complaint is dismissed under Section 203 of Cr. P. C. then again this lady file another complaint on same facts in which summons have been issued against the husband and his family members. Now husband moved an application before High Court in 482 of Cr. P. C. and got stay. Now husband wants to quash this complaint filed under Section 406 IPC on the ground that the essential ingredients of Section 405 IPC is not made out. So kindly provide me latest ruling of Supreme Court on this point.
TR Madhavan
24 September 2010 at 18:53
1. National Consumer Commission awarded to we 20 named respondents a sum as travel and allied expenses which has to paid to our flat owners welfare association within four weeks from the date of order. Before the expiry period the complainant came to hand over the draft. The present President of our association was not interested in signing the receipt. The complainant took back the draft. Nearly fifteen day after the expiry of the date mentioned in the order, the present president of our association accepted the draft without the knowledge of the respondents and the executive committee. He issued a letter to all the respondent to collect the amount a month later. Due to various reasons the amount is till with the association. Is it right as per the law? If wrong what is the next step should be taken by the authorised person of the respondents?
Mohammed Vaid
24 September 2010 at 17:21
My cousin is booked u/s 323 & 353 of IPC and at third attempt of bail application he got cash bail of Rs. 10,000/- after serving 3 days in Arthur Road Jail Mumbai (Judicial Custody). He was booked for harassment and stopping public bus conductor for discharging his duty, which is false.
However, he got first date from court, after getting bail, of 23rd Sept 2010. But when he went to his advocate;s office he asked him to go home and said that "when court will sned you summon you come to me with that letter and I will check it".
Here I want to know that: -
1. What is SUMMON?
2. Also does issuance of summon mean that the bail can get cancel?
3. Is there anyway to settle the case amicably? if yes, how to proceed and whom to approach?
Please do advice it would be great help.
Mohammed Vaid
24 September 2010 at 17:19
My cousin is booked u/s 323 & 353 of IPC and at third attempt of bail application he got cash bail of Rs. 10,000/- after serving 3 days in Arthur Road Jail Mumbai (Judicial Custody). He was booked for harassment and stopping public bus conductor for discharging his duty, which is false.
However, he got first date from court, after getting bail, of 23rd Sept 2010. But when he went to his advocate;s office he asked him to go home and said that "when court will sned you summon you come to me with that letter and I will check it".
Here I want to know that: -
1. What is SUMMON?
2. Also does issuance of summon mean that the bail can get cancel?
3. Is there anyway to settle the case amicably? if yes, how to proceed and whom to approach?
Please do advice it would be great help.
Anonymous
24 September 2010 at 15:17
An Indian accused is in USA and he received a show cause notice (at Indian address) from passport officer and later his passport has been impounded? As far as I understand, impounding of passport means seizure of passport means "to seize and retain the passport in legal custody by Passport Office".
Now as the person is not in india, how can his passport be impounded?
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condole delay petition
hallo sir
my brother died in an accident 10 years back. in sessions court that case was started and awarded 1 lakh compensation. we appieled to high court for 5 lakhs. in 2005 we entered condolne delay petition. till today that case is pending. the status is notices. we are regularly checking in online case status system. how many days will condolne delay petition is come to bench. please tell me the procedure.