vinod bansal
22 September 2010 at 20:35
R/Experts
I am representing accused persons ina case u/ss 323/506/148/149 IPC.Matter has amicably settled and now case is fixed for framing of charges,but now i want to move an application for dropping the proceedings on the basis of compromise deed,but problem is that 148 IPC is non compoundable offence,kindly suggest me what way i have to adopt in Magistrate court (Trial court)to drop the all proceedings at this very stage.Regards
artabandhu
22 September 2010 at 18:05
the cheque is returned due to insufficent balance, then i send a notice to pay the same with in 15 days, then he approach me to give the money on sept/oct with out mentioning specific date through a letter by speed post after due sign.is it a good thing for me to wait with out filing a case.
Anonymous
22 September 2010 at 12:32
I FILLED A SUIT UNDER 138 NI ACT.BUT I DID NOT ENCLOSE TALBANA OR PROCESS FEES WITH COMPLAINT.THE MEGISTRATE WHO ISSUE THE GOT TRANSFERRED AND MY COMPLAINT GOT TRANSFEERED TO OTHER ONE.WHEN I WENT TO DEPOSIT PROCESS FEE HE WILL TAKE IT WHEN NEW ORDER WILL BE ISSUED.AND ON THE DATE HE DISSMIS THE COMPLAINT FOR5 NON DEPOSIT THE PROCESS FEE ON BACK OF ME.I I DEPOSITED WITH THE APPLICATION TO DEPOSIT ON THE SAME DAY.AND HE PASSED THE ORDER'THAT THE RESTORE APPLICATION IS MOVED AND FIXED FOR ARGUMENTS ....ON THE NEXT DATE HE GOT TRANSFERRED AND NEW ONE SAYS THAT HE DONT HAVE POWER TO RESTORE .....KINDLY TELL ME WAT TO DO NAOW
Anonymous
22 September 2010 at 11:54
n an Private Complaint, the JMFC has passed an order under 156(3)and submit Report of Investigating Officer (Police). The Complainant is claiming to be an Officer bearer of a Society registered under the Society's Act 1860 and Bombay Public Trust Act, 1950 and as per the Schedule I the Complainnt name is not at all appearing. Perhaps a Change Report is pending before the Charity Commissioner. The Accused are the bonafide Office bearers or Executive Body who are required to espouse the cause of the Society.
1) Is it not required to know the legal status of the of the Complaint before passing the said order 156 (3)?
The Complainant has relied upon the bogus documents claiming membership and acting as an office bearer?.
2) Is it not the complainant is impersonating himself ?
3) Can the Accused approach High Court under section 482 to quash the FIR though this is not filed yet or set aside the order of the JMFC passed under 156(3)
The experts openion this regard may please be given at the earliest as the matter is urgent? Many thanks in advance.
Anonymous
21 September 2010 at 23:05
HELLO ALL EXPERT
ON MY MOBILE NO MANY TIME PHONE OF SOME PERSONS COMES FROM THE DIFFERENCE NUMBERS WITH THE INTEND TO HARASS ME
REGARDING THIS MATTER I EMAILED TO IDEA COMPANY FOR THE KNOWING THE DETAILS OF THE PERSON WHOSE NAME THE SIM IS REGISTERED BUT COMPANY TOLD THAT THEY CAN NOT DELIVERED FOR THE PRIVACY OF THEIR CUSTOMER
CAN I APPROACH UNDER THE RTI
rajesh
21 September 2010 at 22:46
A woman, who has married to a man, pending her earlier husband's appl. for divorce under Sec. 13 of HMA, which was converted in appl. under Sec. 13B of HMA, and the decree of disolution was awaited, while agreement made on stamp paper before the notary regarding the intention of their divorce, can the new husband sue her for bigamy under sec. 494 IPC? What grounds?
He has already filed for declaration of nullity of such marriage as she was found to have immoral character and had married for money only, and had lodged 498, 114, 420, 406 etc. against earlier husband. Later, after 7 days with the new husband, she left and lodged 498, DV etc. against him also. In case of 498, B-summary was done by police. She applied for interim maint. under sec. 24 of HMA and the court granted her Rs. 5000/- during his matter of declaration. She possesses rs. 5 lacs balance of alimony of earlier marriage, and also has job in govt. undertaking having Rs. 3500/- fix pm, with regular salary after 3 years. The same is pending for review in the same court on our appl.
Pl. sugget the course of action to meet the ends of justice.
Since she married while her one husband was living, can the nullity be taken for granted? Can the victim marry again before the declaration comes? Otherwise, she has been wasting the time of the man forcing him to undergo litigations. A Delhi HC judgement on denial of declaration by family court says; according to law, there is no need of declaration. jdgmnt attached herewith. Also it denied maintenance. Maintenance is observed to have been granted in fake marriages also, but those are the cases when the fake marriages have lasted for many years (17) with children out of this marriage. Pl. suggest how to discourage the cheater and to get rid of her soon.
s.loganathan
21 September 2010 at 21:16
When a person under the guise of talking about a third person, discloses that he has contacts with criminal elements to do away with people, and that he will not rely on the slow adjudication by law to resolve problems. Is this kind of insinuation illegal in the eye of law? If so, what sections does it attract?
Anonymous
21 September 2010 at 19:44
Whether enquiry officer have the power to arrest?
raghavendra
21 September 2010 at 18:42
sir,
can anybody please tell me ,which section of Crpc provides police to some portion of magistrate power,
how extent police can lay the fine for offence.
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criminal record while appointment to a govt. job
I had read in News paper that there was a mumbai HC judgement that a person to be appointed at a magistrate's post, even when failed the police inquiry, was declared to be fit for the appointment by the High Court, as he was not convicted, and the criminal matter was sub-judice or like that.
Kindly help me to get that citation, if anyone is aware of it.
Thanks in anticipation.