tahesin khan
17 June 2010 at 14:08
Whether comromise can take place after conviction in case of sec.138 of N.I.Act and also whether the JMFC having the power to admit the comromise application of the party after conviction has been upheld by the High Court.
Anonymous
17 June 2010 at 14:05
Dear Sir,
I have convert my car balance in ECS monthly payment and close my card. My 2 ECS bounce due to insufficiant fund. Now i got Legal Notice from that repayment of amount or banker will file case under section 25(1) of the payment and settlement system act 2007.
please help me regarding this.
Anonymous
17 June 2010 at 09:15
sir
in my earlier query i ws replied that i cant file defamation case after my aquital from 498a which was filed by my wife.my wife accused us of physically and mentally torturing her for dowry, forcing her to leave her job and instigating her to commit suicide.(my wife is undergoing psychiatric treatment).since i am a government servant i am unable to join my duty before taking bail.all her allegations are a blatant lie.since i have transferred money to her account (1 lakh),included her name in my salary account,as well as in mediclaim.but she and her parents have left us nowhere and all our reputation in my place of doing job has been shattered.i may even not get promotion.sir,please tell me categorically whether i can file defamatin suit and what are the chances of winning as we are deeply shocked at their blatant lie. they have filed 498a after i filed divorce suit.i shall be highly obliged for a comprehensive reply.
Anonymous
16 June 2010 at 22:48
my father along with 7 other persons was falsely implicated in a case U/s 147, 379,506 IPC in the year 1984. My father got bail from the Hon'ble Session court in that year. Thereafter, nothing was heard about the case. The then police advised my father, the case has been closed.
Suddenly, now in the current month of June 2010, police informed that an arrest warrant has been issued against my father & other 7 persons relating to above mentioned case.
with the assistance of locals moharer, it has come to know that due to prolong absence i.e non-appearing in the Hon'ble Court, such warrant has been issued. The date of hearing fixed on 22nd June 2010.
I cannot understand the basis of the arrest warrant.
Please advise the steps to be taken to avaoid arrest by police.
What action can be taken by the police??
what is the way out??
Anonymous
16 June 2010 at 22:42
Respected Seniors and Friends,
Query Details as below:
My friend and his dad, uncle are being charged by a person/owner of the land for tresspassing in to his land and also accused of climbing the trees of coconut with a purpose of stealing.
Plaintiff and Defendents belong to same village and have fields in close vicinity.
My Friend has claimed that he was not present on the spot when that incident took place and his name is purposely added in FIR to defame him.
my friend wishes to file a suit on the plaintiff for defamation.
Please advise, will be highly obliged.
Thanks in Advance...
VIJAY K. TEOTIA
16 June 2010 at 14:07
In a complaint case, if accused are summoned by the court, can the accused appear through advocate to challenge the summoning, or is it mandatory to appear in person and get bail first before filing objections. can the accused appear through advocate before summoning and on the date of arguments on summoning, if it comes to knowledge to accused about the case.although criminal revision is another alternative but practically it is rarely allowed. pl reply with provisions.
Anonymous
16 June 2010 at 11:03
1. I had stopped a cheque as I did not believe it to be my liability.
2. Subsequently I received court summons where I appeared and pleaded not guilty.
3. I was asked by the court to appear on June 14th for next hearing.
4. I went to the court on June 14th and my matter was not listed.
5. Subsequently the officers in court checke d and gave me another date in July. I asked for the same in writing which they refused to provide.
6. Should I appear before the court again in July. Is it not necessary for the court to in writing give a date.
dipankar
16 June 2010 at 10:39
Thanks MAKKAD SIR AND ARVIND SIR ,FOR YOUR ABVICE ON BINDA RAMS CASE,BUT CAN YOU PLEASE SUGGEST THE SECTIONS UNDER WHICH HE CAN FILE FIR IN POLICE STATION.AND WHAT FIR WILL HE FILE.
My friend Binda Ram , Resident of Jharkhand,dhanbad who belongs to scheduled caste has been implicated in a false criminal case.THE fact is he was employed with BCCL,COLIERY, but due to non submission of BDO papers he was asked by the co. to sit idle until bdo papers are submitted.(his father who was an employee of bccl died in an accident in colliery so in that case bdo papers need to be submitted for his son to get the job).During the period of his service binda worked under sd singh.sd singh promised to reinstate him in job and took Rs. 30000 from him.but on unable to reinstate him till 6 months binda asked for his money.sd singh started threatening him and even went to bindas home and humiliated and threatened his wife and ailing mother before some of his neighbours. In a planned approach by him sd singh sent 2 of his sons to call binda so that he will return his money .that time was 10’o clock in the night.that time electricity was not in there in the area due to load shedding..Binda and his brother unaware of his plans went to his house. On reaching his house sd singh brought out a lathi and tried to hit binda on his head. He even tried to lock them up and then call the police .In defense binda slapped him and SD singh hurt his lip. In a planned approach sd singh went to the nearby police station and lodged a weired FIR U/S 341,323,325,448,384.In the FIR report he stated that his younger daughter aged 23 is studying in koderma 100kms from dhanbad and binda with some of his friends had gone to koderma and asked his daughter to leave studies and binda has asked her to do court marriage with him.When his daughter refused to do so he and his brother in order to take revenge has come to his house that day.But the fact is they have gone to his house empty handed with no weapon and it was sd singh who brought out the lathi.sd singh’s neighbour has also given same statement to the police that the lathi was brought by sd singh only. Moreover binda is already happily married and have 2 daughters.The real fact is I have married his daughter 2 years back, I have a marriage photograph and two witnesses to prove my marriage.Now the girl is denying of the marriage and her parents are also not ready to accept as it is a intercaste marriage.Now to hide this fact and to present the matter in a different way so that their reputation is not marred in society sd singh has registered this kind of FIR as he could do nothing to me as I am in pune doing job.
Now my question is whether binda can lodge a counter FIR being a member of scheduled caste.Or it is better to go to the court and lodge a case against him.How will he frame the case in a scheduled caste way.i.e. Under atrocities to scheduled caste. Next my question is how will he present his case so that sd singh gets implicated in maximum unbailable sections.What unbailable sections can be charged against him.Or is it better for his wife to lodge a case of humiliation.Will it prove to be more stronger.Please guide as binda is very poor and unable to hire a lawyer.Your valuable suggestions will be highly solicited.
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Section 138 INA
Respected All,
I sent a legal notice through a lawyer to a builder on 2nd JUNE 2010, who is not paying my amount, & his cheque has been bounced three times.
Now even after passing 15 days since receiving notice , still he has not paid me any amount. Now as per law, a case can be filed against him in the court.
MY QUESTION IS :IN HOW MANY DAYS A CASE CAN BE FILED IN THE COURT AFTER PASSING 15 DAYS OF TIME OF NOTICE PERIOD. HE IS COMMITTING TO PAY MY AMOUNT FINALLY BY 30TH JUNE. CAN I WAIT TILL THEN OR GO FOR FILING CASE ?