Anonymous
27 February 2010 at 19:12
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?
anckoora
27 February 2010 at 16:52
dear sir,
we are dealers' in gold/silver/diamond ornaments. our employee take ornaments on approval basis to a dealer-and bring back the same from time to time. We do proper documentation for this transaction.
To avoid in-transit hassel , say by police, octroi, s.tax etc dept, we have given them our authority letter on 100 rupee stamp paper (duly notarised)and also affidavit pertaining to his job of carrying the valuable ornaments.
pl let us know(1) the validity of this affidavit and letter of authority(2) we understand that it is for six months only-as validy of the stamp paper itself is six months. We are confused.
seeking your advise.
thanks
anckoora
Anonymous
27 February 2010 at 14:52
Is the settlement possible after the appellant is convicted in a lower court?
AMAR RANU
27 February 2010 at 13:41
Section 2(9) of the CPC defines a judgment" to mean the statement given by the Judge of the grounds for a decree or order.
(1999 (8) SCC 396), it was inter-alia held as follows:
"There is yet another infirmity in the case which relates to the "judgment" passed by the single Judge and upheld by the Division Bench.
"Judgment" as defined in Section 2(9) of the Code of Civil Procedure means the statement given by the Judge of the grounds for a decree or order. What a judgment should contain is indicated in Order 20 Rule 4(2) which says that a judgment "shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision". It should be a self-contained document from which it should appear as to what were the facts of the case and what was the controversy which was tried to be settled by the Court and in what manner. The process of reasoning by which the Court came to the ultimate conclusion and decreed the suit should be reflected clearly in the judgment."
In the light of the above,I would like to know the opinion of the esteemed experts here as to whether such a similar provision is available in Cr.P.C.also,which may be applicable to orders passed in criminal cases.
If yes,please let us have similar provision in Cr.P.C.Kindly pinpoint where it is available.
If not,kindly throw some light on some case law in support of above said contention.
Amar
M Ravinder Babu Advocate Parka
26 February 2010 at 23:48
Bar u/s 125(3) 2005(2)ald(crl)370(sc) held not applicable-original appication filed with in stipulated period one year subsequent applicationfor arears for subsequent period-do not amountbar of limitation u/s 125(3) crpc.
Act u/s 125 (3) is specific. payment and liabulity are different issues,
WHEN ACT IS SPECIFIC AND NOT AMENDED /ALTERED CAN ACT PREVAILS OR JUDGEMENT PREVAILS.
PLEASE FURNISH ANY CITATIONS THAT ACT PREVAILS
Anonymous
26 February 2010 at 23:44
I have a problem in a case that Some person committed a fraud relating to a big plot of Land. Accused created a false fabricating manufacturing document by a person in the plase of original land owner . Original land owner at present residing in U.K. When he come in india a hear a rumar that his land was sold by the caretaker of his property by false fabricated power of attorney of original land owner , then land owner filed a police report at police station then police started investigation U/S, 468, 469, 471, 420 , 34 (B) I.P.C.and arrest some accused and put then in the court. Court orderd for detention of the accused person . after some time accuseds file bail petition and take bail from D.J. (Patna) . After bail he submitted an application U/S. 239 cr.p.c. on the ground that this case nature is civil because a civil suit filed by the land owner. So Please help me and give some caselaw for disallow the petition of discharged .
manish
26 February 2010 at 23:19
Hello everyone,
whether the girlfriend of husband can be oprosecuted for offence of dowry death.
Recently the hon,ble supreme court has held that girlfriend does not come under the purview the word'relative'.
Similarly word relative is also used in section 304b of penal code.
So, whether she can be prosecuted, if anyone knows any caselaw please reply
bhavin
26 February 2010 at 22:29
dear sir
after metropolitan court judgment which court liable to appeal
chiranjib mukherjee
26 February 2010 at 20:19
in a case, the complainant is the step mother of the accused person and she lodged a complaint in the police station alleging that she was beaten by the accused person brutally but there is no dowry demand and the charge sheet was submitted u/sec. 498(A) I.P.C. can the accused person be charged with u/sec. 498(A)/323 I.P.C.
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Negotiable Instruments Act
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?