Parthasarathi Loganathan
16 March 2010 at 06:50
Rape Laws to be made gender neutral and IPC is proposed to be amended where the term Rape is to be substituted by Sexual Assault thereby benefiting society Gays in particular. By enlarging the definition of Rape which is covered under Section 375 of IPC. I want the experts to share their experience in this regard and analyze the social consequences that would emanate from this amendment. Will it pave way for reduction of sexual crimes in the country?
TARUN
16 March 2010 at 00:32
One customer filed a false complaint against 2 out 3 directors of pvt limited company accusing them of selling their flat without his will. Later on we produced the resignation letter signed by him before his flat was sold. At that point he withdew his complaint in writing and gave a written letter to the SHO of the concerened police station and matter was settled. Now after 10 days we came to know that a FIR is filed on that complaint, I want to find out
1) if a FIR can be filed inspite of the fact that complaint was withdrawn
2) since the flat were built by the company,which has 3 directors so is it possible that a FIR can be filed only against 2 directors and not the third one.
Tapas Mukhopadhyay
15 March 2010 at 22:45
There is two investigation in first final report tendered as mistake of fact and in second filed charge sheet. question whether the accused has a right to get all the relevant copies of both investigation ? Is there any Suprement Court judgement in that regard ? and when the matter of non supplying copies of both investigation is to be agitated before the Court.
Anonymous
15 March 2010 at 20:08
In 2005 complainant deposited one of the ten blank cheques in its custody and the cheque was returned with the remark 'Account Closed' and complainant initiated proceedings u/s 138. The proceedings are still under process and the same complainant has now again deposited second blank cheque in 2010.
Please advise how to proceed in above matter. What can be done about this
Thanks
Parthasarathi Loganathan
15 March 2010 at 18:40
A story received from my colleague which is similar to the scene from Tamil Film "Ramana".
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Readers to check up the genuineness as the same is shared only on legal perspective. This is posted as a Case Law only
Quote:
One of my friend, wanted to do Master check up to her mother.
Though she was quite healthy (No BP, No sugar or No general weakness), my
friend wanted to do as she was in 50s.
So he took her to a local hospital in the morning 8.30 AM on Feb 20, 2010. She was admitted in the hospital for Master Check Up.
After some few hours, he was informed that she has the possibilities to get
heart-attack or heart block.
In the afternoon(2.00p.m) he was informed that the blood is getting arrested and have do a operation immediately
and asked to sign papers.
My Friend was afraid & he accepted for that. He or his father were not allowed to go near her also. They said she is unconscious and anything can be said after 4 hrs.In the evening, around 4.30 p.m they said that she is no more.It was really a shock for my friends & family.
It didn't stop there, the people in the hospital were not ready to give the
body till they settle the hospital bill which was around Rs.2.4 lakhs. Then they gave her body to them @ around 7.00 p.m...The highlight was that they her body as a cotton bundle. As all her parts were removed...As My friend & family were in deep shock and pain they didn't question them.
He took her to that hospital for master check just because he will get back
the money as medical insurance/ reimbursement and this was one of the
hospital which was listed in the insurance company and moreover near to their home.
I have heard that heavily charge, even if you go that hospital for minor
sickness like fever, headache, stomach etc...But this is heights of height!!!
I guess this is not the only hospital which is like this. May be many of
you might come across these type of incidents...I thought of sending you this incident to create awareness.
Unquote:
Whether the facts of this case is true or not, let us analyze the legal recourse left to the victims. I want the experts to be specific in designing the legal framework to enlighten the masses as to how to deal with such cases as per statutory provisions. In the interest of Public, please share your expertise to deal such situations when one of your clients refers such cases.
sivasankar
15 March 2010 at 17:40
I have given a sum of Rs.1,00,000 to raj. I have written a pro-note signed by both,
in that accepted by him to pay 18% interest.
After repeated request to return the principle amount, Last month he has given a cheque for Rs.75,000. I have submitted it to bank, and it's bounced back.
Also, in pro-note, he has given a address. And now, I learned that, he shifted to another address.
Now, my problem, is I don't know where he is residing. So how can I send a notice? And in future he can argue, that he has not received the notice in time??
Another question, This N.I Act is for the cheque amount Rs. 75000. He has to pay another Rs.25,000, for which he has not given any cheque. So how can I approach it, to recover the whole Rs.1,00,000.
Please clarify. Thanks in Advance
Arati Gawde
14 March 2010 at 19:58
If no one is present in house (including the accused of the case) to receive summon of the case then in that case is it binding on that accused to remain present in court on that particular date if he unofficially know the date of case? What will be consequences if he not present in a court ?
Sumir
14 March 2010 at 19:39
I am referring to corruption matter in state of maharashtra,i.e. misuasage or misappropriation of money or govt. fund which are the authorities that can be complained, e.g. ACB, EOW, lokayukta etc? plaese give complete list
Anonymous
14 March 2010 at 16:46
suchana ke adhikar ki first appeal ka koi form hai,ya apne point no vise dalkar,type karakar apeal laga du. income tax dep se third party ka income tax return manga tha,jo kharij ho gaya,ab informasion officer,income tax commisnor ke appeal lagegi,yadi koi format ho to pls.....send me
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Ex-Parte Conviction of Husband in 498A
Que.1.IF 498A is Filed against Husband and Police filed their Charge sheet as usual and Husband does n `t want to contest and ready for the conviction of 3yrs of Jail even though he is innocent ,instead of Roaming around courts and wasting his own time and money and Public prosecutor Time in Such a Scenario can the case be Judged Ex-Parte in Favor of Wife?