anant kumar
23 August 2010 at 14:10
husband is phyiscally challenged ie.deaf n dumb & aft marraige humaliated badly by wife, he filed divoce suit after which she filed complaint u/s 498A agaist entire family membersn
nw cognizance taken by lrnd crt below
i hav filed quashing petion against said order
sugest any judgment of sc havin implications of handicapd point of view & wt r the effect of divorce petion on complaint petion
Anonymous
23 August 2010 at 11:15
Dear Sir
My self and my family members has been falsly implcated in 498a; 3/4; 323 ; 504 ; 506 .We have got stay arrest from Allahabad HC in first wk of August;
We still not got date of mediation as case has been sent to mediation cell by HC. We live in new delhi and case is lodged in ghaziabad. pls advice how can we get the date of mediation.
As per Stay arest notice it will be served thru CJM court to repodant (wife side).Pls advice
Puneet Advani
23 August 2010 at 11:02
Hi, i just got a legal notice from one of my collegue who use to work with me.
i will start off with what happened first:-
we were a group of 3 collegue who ised to play card game in our terms juuaa and normally it use to be a healthy game. about 4 months ago a game which at the end changed into a disaster was we were playing normal and the bet amount which normally use to be 5000-10000 went upto 20 lacks, till this time northing was serious. but then it turned into a disaster as my other 2 collegue started to ask for the money as i had lost.
i got presurised and signed and gave them a document which stated that i have taken a loan of 20 lacks from them and will reply them.
i also gave them 2 pdc of 10 lackh each.
Now after the entire thing was over, they called me up and tried to sort it out but did not help.
i did a stop pay on the 2 cheques which i had given them.
now today i got a legal notice which states :-
i know the person from 2006-2009 and had taken a loan of 20 lackhs in cash from him for opening up a new businessand also given him 2 pdcs. it also mentions that i have 15 days to pay them back.
i am not sure what to do as i am in big trouble. i trusted wrong people.
Please help!!!!
Ajit
23 August 2010 at 10:31
A police officer facing vigilance enquiry in punjab in 2007 submitted his statement before enquiry officer that he send his son to Austria from there he went to england at his own level.He got good job over there and sent Rs 1650000/- to him through western union money transfer which was credited in his salary account.But he never submitted his son's passport with visa stamp of austria and england sponsership documents,work permit,address of his employer,residential address in UK to enquiry officer.The amount of Rs 1650000/-was sent by differnt person except his son.Actually he went UK illegally and worked illegally in UK and later caught by UK police and imposed fine and deported to India in 2005.His son got married with US girl in Jan,2009.His son got fresh passport at new address in 2009 and went to USA.What offence a police officer and his son committed by not producing relevant document with vigilance bureau and supressing fact of his previous passport.Whether both are liable for punishment under passport act and IPC.To whom complaint can be made?
Anonymous
23 August 2010 at 09:15
I have given my property to a company for a period of time after which they left my property and made severe damages to it. The company filed a civil court case for the security money, which i have not refunded because of the damages made by them. Then, they wrote something on the blog on internet against themselves and then filed a case of defamation against me. what step should i take in order to teach them a lesson? As, told my many experts that i should go to the court and take bail and then file a case against them for wrong case, but the main problem is that they have filed a case in kanyakumari, where the company's head office is situated and i live at kanpur. If i go there and defend the case,it will cost me above 50,000/- and i will lose a lot of money by the time,the case is solved. What should i do?
Anonymous
22 August 2010 at 23:02
Expert please quote some good citation on "prosecution to proove its case beyond all reasonable doubts"
Anonymous
22 August 2010 at 10:24
Hello,,
I am having matrimonial dispute with my wife, various case(s) pending at court.
Charge-sheet just been filed under 498a/406.
There are some bills which my wife have submitted during investigation of IO. Now we have the certified copy of all that bills.
Now, the thing is these Bills are fake & projected, as various statement(s) given by the shop owners on their respective bills. All the shop owners have written in there hand-writing that "THIS IS NOT OUR BILL".
My question is:-
1] How can I trap my wife, as she has submitted false bills in court.
2] Under which section(s) my wife can be procecuted.
3] Procedure for filing 340 CrPC perjury. Do perjury applicable.
4] Should I give my complaint to the local police station or directly in court.
Kindly help me
plz. provide me point wise reply
G.S.ROYAL
22 August 2010 at 08:36
When the criminal law ammendment act came into force?
As per the said ammendment sec 324 bailable or non-bailable?
Prior to the ammendment the offences which are compoundable can be compounded presently?
s.loganathan
22 August 2010 at 02:37
Haunted by episodes taken place more than 3 years ago. A nasty experience with an incorrigible banker whose conspiracy of yesteryear is being revisited as nightmares of today.
I received a legal notice for dishonor of cheque drawn on my account. I send a reply notice disputing the issue of cheque to the complainant and put them on notice that action will be taken against their misadventure. I lodge a police complaint against the complainant and the former bank manager( to whom I had at that time given the cheques for the loan arranged by him at the bank ) and also the bank. That episodes took place 3 years ago. When the police station did not take any action, I complained to the Commissioner of Police. Soon after, I made a newspaper publication through my lawyer exposing the criminal misadventure and the police complaint and warned punitive action against, in the event of, any other cheques in this nature cropping up. My account with that bank had been dormant for more than 3 years, after the scandal perpetrated by the manager then. At that time I had made numerous complaints to the management of the bank and as a result the manager was transfered abruptly. When there was no steps taken by the Commissioner, I made a private complaint u/s 156 and was ordered accordingly for the police to investigate and register a case, and report within a month. Its been more than a month and there is still no action.I have been served summons by the JM Court for having taken cognizance of a complaint u/s 138 of NI Act. My wife (an ailing heart patient having undergone several surgeries) has been also served with a summon to appear when she is not a signatory to the purported cheque. The account is a joint-account but it is not a company or firm to attract section 141. I have seen many judicial writtings that forbids exercising provisions of 138 on non-signatory. On the day of summons, I attend and for my wife, her lawyers forward a dispense petition u/s 205 alongwith her vast medical records & 317. The magistrate practically threw the 205 application back to my lawyer and refused to hand my complaint copy and insisted that my wife should be present & reposted appearance to 3 days later. My lawyer advised that we move the High Court u/s 482 for dispense and quash for my wife as there were numerous precedents by higher courts for the same. The next day, my lawyer asked my wife to sign High Court vakalats (though memo of appearance filed by advocate is enough). This made my wife anxious and discomfortable. We had got the Cr. OP numbered & listed for the same date as summons appearance. My wife's BP raised alarmingly and had been taken to her cardiologist whom after examination admitted her into the CCU immediately. After two days during the appearance in court, I had been present and my wife's presence was requested to be dispensed with again u/s 205 and 317. Even as my lawyer was handing over the applications the magistrate retorted shaking his head and voicing that he is going to dismiss the 205 application. Simultaneously, my law was crying out that she is admitted in CCU and the hospital certificate is produced. Within the blink of the eye, the complainants counsel defied in open court that he himself had seen my wife in public(heavenly impossible). My advocate instantly made an outcry that the counsel should be moved for perjury for making such an outrages claim. Surprisingly, the magistrate shouted at my lawyer, "..brother, I cannot dance to your whims and fancies" and passed over the proceeding. I am ordered by the court to go wait outside. While waiting outside the court hall, I could see all the lawyers talking among themselves and soon after they step out onto the corridor opposite to where I am standing and have further talks. Thereafter, my lawyer comes to me and tells me that the other parties are going to plead no-objection to the 205 application. I'm surprised and utterly shocked at my lawyers statement, who immediately walked back into the courthall. I immediately sent a sms to my lawyer, telling him to leave the 205 application to the magistrate's prerogative and pursue the charge of perjury and contempt against the counsel of the complainant and the complainant himself under vicarious liability. We had already fastened fraud and forgery on the complainant viz-a-viz our legal notice and police complaint and private complaint in court. Further, we had already made application in High Court to quash the proceedings against my wife by the failed appreciation by the magistrate when taking cognizance against my wife. More alarming is the fact that, at the first appearance the magistrate whilst throwing back the 205 application told my lawyer that "if his wife does not want to come to court, then ask him to approach the complainant and settle the amounts". After the blatant lie made in open court exposed the criminal conspiracy orchestrated by the complainant and his nefarious lawyer, I was again called into court,(only to find my lawyer and the opposite counsel missing except their juniors) and this time the magistrate without making any hue and cry allowed the 205 application. He called me to the front and again told me that "why don't you settle the matter with the complainant, when your wife is a sick person and she need not be troubled". That is all that he spoke and he did not even ask me whether I plead guilty or not guilty, lest pronounce the charges. I feel that I am being subjected to pressure by reason of the unilateral comment by the magistrate,and the 'overtures' by the magistrate to "settle the amount with the complainant" and that pressure is of a kind that raises a serious prospect that I will be denied justice by means of a fair trial. When contempt of court had been committed (perhaps even perjury), it is unbelievable that this court has remained a mute spectator without taking any action against the perpetrator. Also alarming is that the opposite counsel, a judicial officer in his order, is capable of resorting to unethical conduct in as much that he actually interfered with the administration and due course of fair justice.
It appears my lawyer is reluctant to pursue the contempt/perjury angle as it would be an onslaught onto his fraternity.It also casts aspersions on the ability of my counsel to discharge his duties loyally and properly, I guess thats all for duty of care.
Should I file a complaint? If so, Which forum to approach? Will human rights help? Should I move to get my case transfered? If so what is the procedure? Pls help!
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Indian Penal Code
case is that....i am the complainant.. as per the registered agreement in respect of the flat which i have purchased a specified area and have paid accordingly to the builder.. but at the time possession i got measured my area of the flat through registered valuer and found that 50 Sq. Ft. were falling short as against what was mentioned in the registered agreement... i initiated complaint against the builder... magistrate thought fit to take police report... in police report... builder admitting that not exactly 50 Sq. Ft. but some area is falling short..i still don't have possession of that flat... can magistrate issue processes in this circumstances... guidance needed for argument.if possible any case laws which would support my case???