Whether a Principal Session Judge (PSJ) can impose a cost on any applicant,who moves transfer application before him u/s 408 of Cr.P.C.?
In the abovesaid case,a transfer application was dismissed and despite it,the said case was transferred to other session Judge on "administrative grounds"and while dismissing the said transfer application,a cost of Rs.5000/- was imposed on the said applicant for "making wild allegations" against the session judge from whose court the said case was ultimately transferred by PSJ.
In the light of the above,since there is no provision u/s 408 to impose cost and under what authority and or section,the said cost was imposed on an aggrieved party?
To challenge this harsh order,what remedies are available and case laws or authorities,if available with any esteemed experts,shall be highly appreciated.
Amar
Can the police, vigilance or CBI conduct investigation before registration of case?
HI FRIENDS
I LIKE TO HELP PEOPLE AS A SOCIAL WORK WHEN I AM FREE FROM MY WORK.
C IS A POOR FARMER. C PURCHASED SECOND HAND TV STARCITY BIKE IN THE MONTH MARCH OF 2009 PAYING CASH RS 26000 IN INSTALMENTS TO B AND THEN TRANSFERED BY NAME OF C AS PER PROCEDURE AT RTO OFFICE AT AURANGABAD, MAHARASHTRA.A WAS FIRST OWNER OF BIKE AS PER THE RECORDS OF RTO AND A WAS TRANSFERED BIKE TO B AND THEN FROM B TO C.
RTO RECORD SHOWS BIKE BELONGS TO C TODAY.
ON 29/01/2010 2 , when C was at taluka place with his PREGNANT wife and two year old daughter, a team of recovery of HDFC bank forcefully taken possession of above said bike at public place.witnesses are also there. C moved to police station to register FIR at taluka police station.Instead of registering FIR, police officer on duty has taken his complaint application without giving 'received' to C and also[ RS 500 as gobar].
police officer advised C TO MEET OFFICERS OF HDFC BANK.when C approached to bank maneger at Aurangabad with original RC book of bike,BANK OFFICERS TAKEN RC BOOK FOR VERIFICATION AND NOT RETURNED TILL TODAY.
2 DAYS BEFORE I GOT THE KNOWLEDGE OF SAME. WHEN I APPROACHED TO POLICE STATION AT TALUKA PLACE ,EVEN POLICE WAS NOT SERIALED THAT APPLICATION. ON 25 TH C HAS GIVEN FRESH APPLICATION TO POLICE WITH 'RECEIVED' BUT POLICE IS NOT TAKING ANY ACTION AND NOT REGISTERED FIR TILL TODAY.
ACTUALLY A WAS TAKEN VEHICAL LOAN FROM HDFC BANK . BANK DOCUMENT SHOWS BIKE OWNER IS A AND ALSO ITS DEFAULTER. BUT TODAYS RTO RECORD SHOWS OWNER IS C.
WHAT TO DO NOW? POLICE HELPING TO BANK OFFICERs intentionlly.C NEEDS UR HELP.PLEASE GUIDE.
issued notice U/s.138(B) of the N.I. act to the accused, where he was running business. the notice returned with an endorsement, door always locked. does it amounts to service?
U/s.3(1)(X)of sc and st act, it is stated that the occurance should have taken place in public view in any place. My question is when an official abuses a co worker or sub ordinate inside his official cabin, is it a place of public view?. what is the exact meaning of public view?. In the instant case 3 staffs have been roped in as eye witnesses. But in the complaint, he has only stated that the accused abused him by calling by caste, he never told who witnessed the occurance. only in the 161 statement and while deposing in the court he developed theory. when few staffs alleged to have witnessed the occurance, whether they will be treated as public? or Private?
regards
sai suresh
A teacher of an unaided school punished the students studying III standard. The teacher asked the children to stand on their knee for one hour and thereafter to suck the floor of the class.The matter is brought to the notice of CWC and they have taken evidence. What all actions are to be taken against the teacher who had assaulted the children? Who is to take action? CWC? The provisions under JJ Act or CrPC? A detailed advice with the provisions of the Acts may be furnished.
Sir
I have received two cheques worth Rs.35 laks from one private limited company against the supply of materialin March 2008. Both the cheque got returned due to 'insufficient funds'. I filled the cases in 2008. Due to this, i strugleed both financially and mentally. Since i took bank loan for my bisiness i became defaulter and bank issued the notice under 'surface act'. I could manage to organize funds at a cost of 36% pa. Some amount i converted my business loan to Martgage loan and i am paying monthly instalments. All these things are there in record.
These NI act cases are expected to come for trial in next 3 to 6 months and the final judgement may come at the end of 2010. Almost 3 years of the default. I dont see any issue to prove since all the documentary evidence is availanle. My intention now is to get the compensation to the extant of double the cheque amount since i suffered the loss to that extant which i can prove very well.
Can i get the compensation to an amount which is double the cheque amount? What shall i focus to make the claim? Can the judge award this compensation? Pl advice?
Dear Experts,
My wife false dowry harassment complaint 1year back.All the family members got AB from High Court.They attended HC mediation only once so mediator send failed report to court(July,09)
In the mean dowry prohibition officer gave clearance for filing FIR. Since I have no time to attend enquiry(Oct'09). Police saying wife side is asking them to wait and see, and not to register FIR for time being.
Now we are planning to send legal notice asking her to return if no positive reply then for divorce.
Is it possible for them to register FIR after a gap of 13 months? Is it valid in the court?
misconduct of court staff
I would like to draw attention to the recent act of misconduct by the typist of the warangal cout by throwing the footware on the honourable judge in the court. I would like to know what action would be taken by the authorities concerned.