yogesh bawiskar
17 February 2010 at 20:28
In the absence of original notarised document, whether a xerox copy of such document can be used as a secondary evidence in N.I. Act as a proof of consideration? and if yes ? how?
Anonymous
17 February 2010 at 20:26
In the absence of original notarised document, whether a xerox copy of such document can be used as a secondary evidence in N.I. Act as a proof of consideration? and if yes ? how?
Sujit J Pathak
17 February 2010 at 18:29
I am in need of urgen advise form all Ld Experts in my case, I am praticing advocate having 2 years experience. I am appearing for accused in case u/s 138 of N.I Act before Magistrate court Dadar Mumbai, On 11th Feb my maater was kept for futher cross of the complainant but due to ill health i couldn't attend court and magistrate rejected adjournment application filed by accused and even closed the evidence. Now the matter is for recording statement of accused but i want to cross examine, Is there any way to re open the evidence. Thanks and regards Adv Sujit Pathak
Adv. Mohan Chandra
17 February 2010 at 10:54
The Ld. Metropolitan Magistrate has closed cross examination of the complainant due to his absence over a long period, the Ld. M.M. has also refused to review the order on an application by the complainant, the complainant has now filed an petition for revision in the higher court.
The revision application was time barred on 11th December (3 months) yet the same has been filed in the higher court on 21st December and have made allegations against the lower court that the application has been filed late because there has been delay of 29 days from the office of Ld.M.M. to issue a copy of the order I have verified the court records but there is no such application filed by the complainant for copy of the order so how the complainant/petitioner can claim there has been a delay. The complainant/ petitioner has filed a copy of the petition now in the lower court and the lower court has also taken no objections against this false allegation.
Further the complainant has tried to play truant by not giving a copy of the petition to the accused/respondent and informing the lower court too after two hearings had already happened. When verified in the higher court it was found that the petition is pending for order on next hearing due to the absence of the respondent. The complainant/petitioner has done this purposely for a favourable order from the high court in the absence of the respondent.
Please advise how to handle this tricky situation.
Dr G V Rao
17 February 2010 at 08:41
I have been collecting information under RTI from an Central Govt Organisation from the year 2006. The last information which I received was in August 2009. The offenses are continuing still since 1999. After collating all the information I have made out a good case of misappropriation of Rs 70 Crores by 17 officers of the department. I filed a private complaint in the local CBI Court. The Hon'ble Court returned my complaint stating that I have delayed in filing the compliant. My submission that the offences are continuing and that I had to collect nearly 60 correspondences to prove the guilt of the accused and that I received the last information implicating the accused in August 2009, has not convinced the Court and it has set it aside. Further I received CAG reports pertaining to the organization from the years 2000 to 2008 and it was voluminous to study and corroborate it with my complaint. Please advice whether their is any time limitation to file a criminal complaint u/s 405, 409, 418, 420, 465, 466, 468, 471 r/w 120 B, 477 A, of I.P.C.
I feel that I am right and that their is no such thing as delay in filing the complaint since all the officers are still in service. Please help me with citations so that I can appeal in Higher Court.
Swami Sadashiva Brahmendra Sar
17 February 2010 at 01:09
Is a magistrate required to go through case diary ignoring the remand application of IO ? does rejection of remand application amounts to interference in investigation ?
SAJAN ANTONY N.
16 February 2010 at 22:12
A elopes with his girl friend. A used B's sim card to call the girl. now B is under the police custody. what are the remedies available to B. UNDER WHICH ACT THE OFFENCE COME. here B is the injured. so pls think for B
Anonymous
16 February 2010 at 21:49
Husband has filed complaint against his wife as accused no.1 and Mr.X asacused for the offences u/s 494 and 497.On report of IO,the court came to conclusion that accused no.1 is discharged but summons be issued against Mr>X that primafacie case is made out. So my question is that when wife of the complainant is discharged,whether complaint against Mr. X is maintainable.? If not where to go to quash the complaint ?
Anonymous
16 February 2010 at 21:46
Husband has filed complaint against his wife as accused no.1 and Mr.X asacused for the offences u/s 494 and 497.On report of IO,the court came to conclusion that accused no.1 is discharged but summons be issued against Mr>X that primafacie case is made out. So my question is that when wife of the complainant is discharged,whether complaint against Mr. X is maintainable.? If not where to go to quash the complaint ?
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N.I.ACT
zyZ Company wind up as per the order of high court.Official liquidator appointed. The necessary legal consequence was discharge of all the employees and officers from the services of the company including the Board of Directors. Xyz company before wind up has filled case against a EFG company under N.i.act.What will be the legal status of the case filled by XYZ company :
1. Who will pursue the case viz Ex board of Director or Official liquidator
2.If ex board of director, in what capacity.
If EFg company is also wind up , whether such type of provision are covered under N.I.act/ companies act