modassir nasim
29 August 2010 at 23:35
1)IF THE NOTICE OF 138 (OFFICE COPY) IS LOST BY THE LAWYERS ASSISTANT WILL THE OPPISITE PARTY WIN THE CASE ONLY ON THIS GROUND?
2)THE ASSISTANT OF THE LAWYER IS ALSO CONFUSED THAT WHETHER HE HAS SENT THE OFFICE COPY OF THE NOTICE TO THE ACCUSED WHILE SENDING THE SUMMON ALONG WITH THE XEROX OF COMPLAINT PETITION.WILL THE ACCUSED WIN THE CASE IF HE HAS GOT THE OFFICE COPY OF THE NOTICE .
3)THOUGH THE LAWYER HAS THE XEROX OF THE OFFICE COPY OF THE NOTICE IN HIS FILE.
Anonymous
29 August 2010 at 23:17
A Summon was issued by the JMFC, Navi Mumbai to be served at Uttarakand. The party is managing the authorities by not receiving the summon. No postal acknowledgement Due is received. Two attempts have been made. How and who should serve the summon and what is the mode?
s.loganathan
29 August 2010 at 22:27
My wife and I were served summons u/s 138 of NI Act. I appeared and my wife's appearance was dispensed with u/s 205. After the second hearing, I was still not served the complaint copy and subsequently I made a copy application for the complaint, the cheque, pronote, partnership firm registration and also copy of order on 205 application. It was returned after 3 days as 'exhibits not marked, hence returned'. Rule 339 of the Criminal Rules of Practice clearly stipulates that "copies of any portion of a record of a criminal case must be furnished to the parties concerned ...." Is there a provision in law for them to return my CA on the above pretext? Is this act extra-judicial? Even the copy for order on 205 was not considered.
Chetan
29 August 2010 at 20:58
In the Domestic Violence Case the Court awarded Rs. 1200/ p.m. to the applicant
The Applicant filed application for recover of that amount u/s 125 CrPC
Whether it is tenable ?
Whereas there is specific provision in DV Act to recover such amount
Pls guide and provide citations
Regards
Adv. Deepak
29 August 2010 at 20:57
Resp. Members,
Would you please guide me from where I can get model form of complaint under section 138 of NI Act. Regards.
Anonymous
29 August 2010 at 14:17
The facts of the case are as under:
1. A Complaint was submitted on 08.08.2009 (Saturday) at 9.30 PM by the Regional Manager of SBI and was registered as crime under 409 of CrPC.
2. Written statements are taken from four members of staff on 08.08.2009 that the accused has misused the passwords of three of them and another officer who forwarded the complaint to the SHO and the SHO has registered the case and prepared FIR and sent to the jurisdictional Judiciary, in the present case, Prl. Sub.Judge on 10.08.2009 (Monday) at 10.15 a.m.
3. Bail petition in the District Court was dismissed at the instance of the PP (as per the information of the Bank) on the grounds that the accused also might be having pass word of a particular account as an Assistant Manager, since the accused is mentioned as an Assistant Manager in the complaint, though the accused has been promoted as Assistant Manager, he was assigned duties of his promoted designation only after he has been transferred from the Branch of complaint.
4. Bail was granted on 21.10.2009 by the Hon’ble High Court of Andhra Pradesh, with a condition to the Investigating Officer to focus the enquiry on certain facts.
5. The Police authorities who registered the case did not enquire/investigate into the case either before or after the accused is enlarged on bail on surrender.
6. On 08.08.2010 SHO has filed Charge-Sheet and was submitted in the Prl. Sub. Judge on 11.08.2010 enclosing the four statements obtained on 08.08.2009, i.e., the date of the complaint/FIR. The accused was not even enquired/investigated either on surrender on Bail i.e., on 23.10.2009 or later.
7. In the mean time, the Bank has arbitrarily got vacated the accused from the leased residential accommodation contrary the conditions of the lease deed with the land-lady.
8. Though the Bank has placed the accused under suspension on and from 22.07.2009, did not even enquire into the details of the case even after one year. But the Bank has reduced the salary of the accused drastically prior to placing the accused under suspension and continued to calculate the subsistence allowance on the salary so reduced. However, the Bank has stopped the payment of Subsistence Allowance for and from the month of January 2010. All the certificates for claim were simply not acknowledged and kept pending. The subsistence allowance should have been enhanced to higher amount w.e.f. 22.07.2010 and was not done so far.
CAN ANY BODY PLEASE HELP;
a. whether the charge-sheet filed by the SHO without any incriminating evidences, and without any enquiry of the accused is valid?
b. any other help in the light of the above facts including against the Bank.
Anonymous
29 August 2010 at 13:26
sir, under the hc orders a fir was filed against the cilprits under section 448/355/341/323/506/34 IPC. and its now enquiry is being done by crime branch of police. the fir is against the 12 members of the family. who had thrown out a widoe out of her home. sir now the culprits are asking directions from the high court to register a fir against the widow. there application for cancelling the fir has been already disposed. sir can a fir b loged against the fir . when also a case under domestic violence act is there.
Arvind Singh Chauhan
29 August 2010 at 13:20
What is the provision for releasing a person from jail in U.P. and Uttarakhand.
Jail authority received the released order at 8 pm but refused to release person, and released on next day.
What it the clear position. This step of jail authorities is legal or illegal.
GIRISH AGRAWAL
29 August 2010 at 12:26
1. MAY 2009:- FIVE ACCUCE CHEATED MORE THAN 24 PEOPLE
2.SEP 2009 :- POLICE RETISTERED FIR U/S 420 IPC ONE ACCUCE NAMED AND SENT COPY
OF FIR TO COURT.
3.JAN 2010 :- POLICE ADD U/S 406,409& 34 IPC AND ADD 4 ACCUCE NAMED BUT DO NOT
INFORM TO COURT
4.MAR 2010:- AFTER 3 MONTHS POLICE AGAIN
REDUCE U/S 406 409 & 4 ACCUCE BUT DO NOT INFORM TO COURT
MY QUERY ARE:-
1. CAN POLICE REDUCE CHARGE
2. WHAT CAN WE DO FILE COMPLAIN OR WRIT
IN H.C.
3. PLEASE SUGGEST BEST REMEDY FOR JUSTICE
4. CAN I FILE COMPLAIN IN COURT & WRIT IN
HC BOTH @ SAME TIME IN THIS CASE
THANKS ALL
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Proceedings by Advocate without authority
In some criminal proceedings , Mr. A wanted to move to High Court for proceedings stay against charge sheet . He discussed the matter with an advocate, paid some amount and provided him the papers. He also said to advocate to discusss the papers before submitting the papers and then he will sign the Vakalat nama/ Power of attorney. But the advocate filed the petition to High court without discussing with Mr. A and also without Power of attorney / Vakalat Nama. The pertion was rejected by the High Court. Now please advise how the order of the High Court is binding on Mr. A. Whether now Mr. A can file the fresh petition through another advocate without disclosing the filing of first petition , which he never authorised advocate to file.