can u give me decision of supreme court regarding cheque given as security which is subsequently bounced in N.i. act
R/Members
in a crl case accused has move an application for calling a witness in his defence on govt expenses as the case is state case not pvt complaint but magistrate has given him direction to deposit expenses of witness first,kindly advice what i have to say to court.Vinod (Haryana)
sarvotham
26 January 2010 at 20:01
what is latest rule position on personal search U/s 50 of ndps act. is search of bag comes under sec 50
Anonymous
26 January 2010 at 17:18
A 340 CrPC Application has revealed that a Permission of Custodian (Court) mentioned in a Registered Document was called Permission of Custodiand of Evacuee by the concerned Sub-Registrar in a Sworn Deposition. The Plaintiff / Defendant and the Executant/Claimant are Hindus of this suit. The then IIIrd Senior Civil Judge without questioning how it is applicable for Hindus kept quiet and continued the sworn statement.
Now can that Judge be impleaded in the 340 Cr PC application?
Sarbjeet Seth
25 January 2010 at 19:08
Its really helpful to read and get information , I must say job well done by sharing and helping people who do not know where to go.
I am also in need of your good advise so that I can come out of crises with a fight back, I want to fight for injustice done with me please show me and guide me what to do..
Some facts of my case
1) Got married on 3rd May 2009, just after one month due to her Ego and high headedness she moved from my house and had taken all her belongings with her , even shampoo from Bathroom without informing that she is leaving.
2) I and my family tried our level best to patch up but failed on all fronts. She alleged that I am Impotent and degrade my image everywhere in society this thing hit me very badly. Failing at all fronts I gave an application with RED CROSS SOCIAL HEALTH to help me bring her back.
3) Instead of coming there on given date she filed false complaint with police under Sec 498 & 406.
4) Our Society tried hard again but failed and they demanded 10 lacs to settle things out and after discussion it was settled on 5 Lacs.
5) On given date we returned whatever gold and other things they gifted to us on marriage and Draft of 2 Lacs as advance and it was verbally decided that reaming will be paid after Filling of Divorce in front of MLA and our society and Friends I have witneses of the same.
6) They did not returned our gold and belongings amounting Rs. 1.5 Lac.
7) They even did not gave us any recipt and signed any deed, they said it will be done in two days but till date they have not given any receipt and signed the Compromise Deed.
8) They are now demanding more money from us and are also not giving our gold back.
Please suggest me what to do at this juncture. My father did all this so that his son can be free from this mess, we don’t even have that money its being paid by way of taking loan. I am always against paying money cause I am not at fault at any point. Please guide me what to do.
I have some question:-
1) My wife is Govt Teacher earning around 17000 pm for last 2 years. Can she claim anything from me under CRPC 125
2) All her allegations are false and they can be counter.
3) Can police file FIR after knowing all the facts till date.
4) What if I say to them Do what ever you want I am not going to pay you single penny now.
They are very much harassing me on every front both Mental and social, I can’t describe What I am going through.
Please tell me what options are there for me and how can I attack cause I want to fight for my self respect. Please suggest
Regards
Sarbjeet
siddharth
25 January 2010 at 12:01
Note:- after "brief description" in next para i have mentioned my current query regarding the same.
phone- 94255-35935, 98271-02807
BRIEF DESCRIPTION OF OLD QUERY
sir actually matter is that my mother & father are practising in high court of chattisgarh, bilaspur.
one petitioner has given a case to my mother .initially he made affidavit in front of oath comissioner for his own WP (criminal ) matter.
as a result my mother filed an WP (criminal) and also a suit for declaration and injunction before the civil court against the respondents B.
Thereafter petitioner changed his attitude and denied that he has not given any power (vakalatanama) regarding the above said case & he also denies filing of any petition before the said court. When my mother appeared in the civil court , petitioner denied and engaged another counsel regarding he same . before the civil judge class iv ,matter was heard in absense of said petitioner and newly engaged counsel as a result,court dismissed the petition due to non appearance.
Now after few days petitioner of the above said case filed a complaint before JMFC, that we have taken money 2,50,000/- RS for the court fees and we have not filed the case suit,in addition to complaint it is pertinent to mention that petitioner told in their complain that they have drawn the amount by self cheque but in police complain they told about cash payement to us.
in police investigation it is mentioned that cheque is drawn as self cheque by
the petitioners itself.
but now JMFC has registered section 420,467,468-34 of IPC and summoned. sir now what to do prevent from warrant . is there any danger of arrest.which court to be approached
current query:- after court has summoned on 20th january 2010 and next hearing is on 24 february, can police trouble(arrest) us before 24th february 2010, and on day after tommorow i.e. 27th january we are filing revision in the court of DJ against above mentioned sections.
now question arises do we still have to appear on 24 february i.e..., next hearing.
Now what action we should take against the complainant petitioners i m very much worried.
sir please reply and question any imformation you require sir its urgent
my mothers & father phone number are
9425535935
9827102807
siddharth
24 January 2010 at 15:22
sections are 420,466,467 along with 34 of IPC.
That the cheque issued to my client is dishonour, whereas my client provide me 3 addresses of the accused and I am sending the 3 notices at three different places
Now, the remark of post Dept. on 2 notices is as "addressee left" & "Unclaimed"
And about the third notice I had not received the acknowledgment yet I had make complaint to the postal authority they told me that shortly they will confirm..
My question shall I wait for their reply or to proceed further on the remark of Unclaimed ////
Pls reply & provide case laws
Vijaya Kumar
23 January 2010 at 21:22
Sirs,
As the Courts would not, normally, intervene in the domestic investigation,
Can any body enlighten me whether a Charge Sheet issued to an employee by a Public Sector Undertaking be challenged in the Court of Law basing on the closure of FIR by the Police Authorities?
Brief details about the below mentioned case
Hello everyone....
i wanted some brief information regarding the case STATE OF MAHARASHTRA V. DR. PRAFULLA K.DESAI (2003) 4 SCC 601.
And i also wanted that how can i relate the above mentioned case with Article 21. of the Constitution Of India.