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Anonymous   24 May 2010 at 10:47

498 a

i have filled a498a/406 against my in laws and husband due to continuaous demands of money at various occasions. i dont have much proofs because it was normally given cash in hand.any way police didnt helped me for that , I had filled a written complaint on 13 th june ,my statement is due on june in court for fir.i want to know is it a right procedure to file it in the court, if police doesnt complies as been bribed by my husband.subsequently my husband has filled divorce .and asking me to withdraw the cases and settle with certain amount,i will not withdraw the cases and will contest for divorce also.thet say we have enough money we will buy the judge also. is it possible in india.RG

S.D. Singh   24 May 2010 at 09:44

Final Report

Whether I.O. / police is bound to give information to Complainant if they decide to forward F.R. to the court.

legaljoe68   23 May 2010 at 19:14

defamation under section 499, 500 501 etc

Sir, ,My commissioner C Ex from the day harassed me on fictitious inquiries and interfeered in my personal life. He transferred me every now and then and inquired officially from police about a police case iI had with my neighbour. When his harassemnt increased I complained to CVC and highehr authorities about protection given by him to corrupt and harassement to me in office on my personal sub judice matters. He in official records has called me "mentally unstable and paranoid" Sir can I file defamation suit against him . I have alrady sought permission from the President of India since he is working in Centrall Excise Tribunal as Member .
Sir can I initiate legal procedings without presidents consent. please guide . sir before resigning from commr post for deputation he removed me from my job. I am jobless . please help

Anonymous   23 May 2010 at 18:16

Section 138 Case

Actual Story of My Company
1) My Self “A” Founder member of the Public Limited Company, By the Name “ KP Limited” founded in the year 2005, Myself Chairman, Other Two Directors - Resigned
2) From Last one Year Myself alone is the Director, I “A” is the Authority Signatory on the Bank Cheque book
3) Duly signed cheque book was always kept with “B”, to make it easy, to handle day to day activities, as I was looking technical activities & I was always out of station for technical problems & bringing the business for the company.
4) 01/05/2009 – Appointed “B” as a “Chief Executive Officer of the company” handle the Day to Day Activities of the company, Accounting, Commercial Matters etc.
5) 18/05/2009-“B” Issued the purchase order to “C” Proprietary Steel trading company, situated at Mumbai. For supply of SS Sheets, at our factory Address Pune. PO having Forged Signatory of “A”
6) Where “B” & “C” knows each other from last 2 Years, Their previous company relationship. Myself “A” Don’t know “C”, Never seen to “C”
7) Material Supplied by “C” as per the instructions of “B”, Directly at Mumbai but not at the delivery address maintained in the PO which is at Pune.
8) Delivery Challans of “C” are not signed by any authorized persona of The Company KPL Limited or by “B” Or “A”, Challan has signatory of unknown person ”D”, the third party. without knowledge to “A” & without consent of “A”. The Party “D” is Fraud & Hidden today, I Tried to find out him but, he has run away.
9) Myself “A” kept the duly signed cheques, with “B” for the better day to day operations of the company, “B” Cheque of Rs 4,09,000/- which was bounced, in the month of Nov 09.
10) Again “B” Issued another 9 Cheques of Rs, 1.00 Lacks x 8 Nos & 81000 x 1 No, write one request letter to return the previous cheque, of Rs 4,09,000/- & take the signatory of “C” on it.
11) 1st Cheque of Rs 1.00 Lack was returned un paid on 3/12/09, The DD of the same amount was issued by “B” to “C”, from companies account. In the month of Oct also one 1.00 Lack payment By DD & 1.00 Lack cash was issued by “B” to “C” from company account. ( Total 3.00 lack is issued to “C” By “B”.
12) At the time of collection of DD on 9/12/2009, “C” come down to pune, Company office & Forced & Threatened to “B” to issue the Single cheque of Rs 8,05,000/-, & “B” Issued the cheque of Rs 8,05,000/-.
13) The FIR at the local police station was registered for Threatening & Forcefully taking the Cheque of Rs 8.00 Lacks & Non returning of the previously taken 8 cheques.
14) Mean while, I was out of India for @ 1 Month, Notices were send by “C” to Company, Accused No 1-“A”, Accused No 2-“B”. I come to know this fact in the month of Jan 2010, & I received the Summons, for the 1st returned cheque, of Rs 4,09,000/-& others too.
15) “C” has filed complaint in the court Mumbai, for all Cheques, except Rs 8,05,000/- showing that after issue of this cheque of Rs 8,05,000/-, I have issued the cheques of Rs 1.00 x 8 Nos & 80,000x 1 No. to him.
16) After this I Myself study the whole case & observed that “B” & “C” have done the complete story to get the money from the Company “KPL Limited” & From “A” and cheated “A”. Neither the material was supplied to the company, no where the stamp is. No where the work order is prepared to deliver the material Directly to other place. The PO issued also is fraud. I sacked & Terminated “B” from the company. Now he is not working with the company.
17) All total 9 cases are in the Mumbai court, Cross for all is going on. I am getting pressurized to settled the matter, by Both My Advocate & also the complainant.
What Should I Do?
I Or company don’t have money to pay such heavy amounts, today.
I am at very critical finance situation.
Pl Advice

padmarao   21 May 2010 at 22:59

307 or 324

Sir/Madam,
When ever ther is a fight between individuals with weapons like sticks or rods and one party gets injured,usually the injured would like to file case U/s 307 IPC to harass the other party.How police will decide weather its 307 or 324?any citations?
regards
padmarao

saurabh kaushik   21 May 2010 at 22:37

can appoint a privat advocate in state case

Looking at the current state of our Society, Its becomming difficult to trust a Public prosecutor.
Can appoint a privat advocate in state case IPC 354).
pls give ur ans. with cases

ESTHERPRIYA   21 May 2010 at 22:12

Procedure in Metropolitan Magistrate Kolkata

Hello Kolkata Advocate Friends

One of client received summons from Metropolitan Magistrate Court at Kolkata under Negotiable Instruments Act. Can any one please help me with the procedure and necessary petitions to be filed to defend the case.

1) What kind of memo need to be file or vakalath to be filed?

2) I am a practising advocate in chennai can i appear before the said court or i need to engage the concerned bar persons alone

3) any special rules or regulations to be adhere to defend the case in such court

Kindly guide me friends

If possible kindly give your contact details (interested persons who can help me)

Sumir   21 May 2010 at 15:29

Corruption

While sec 13 of prevention of corruption act states that no public servant can allow to take advantage in money matters(to himself or other person), why does an act of not levying fine by State Information Commission on Public information officers, in case of gross violation of RTI act not corruption?

putta shanthi kiran   21 May 2010 at 14:38

Section 451 Cr.P.C.

Sir,
The Vehicle is involved in Criminal case. Owner is not available. the vehicle is hypothecated to a Registered Company as financier. the Registration certificate of the vehicle is having endorsement of the registered company as hypothecated. the Financier is going to file Petition in the court to get release of the vehicle. Please send the advice and the Decisions i.e. Judgements in this regarding.
Thanking you sir,

Yours truly,

P. Raju

Rima   21 May 2010 at 12:23

Binding force of HC judgment of other State

Whether any order passed by Bombay HC is binding on Lower Court of other State??
Can a Magistrate refuse to consider the Judgment passed by the HC of other State?
In a point of law where there is no SC rulling.