shweta Verma
14 January 2010 at 11:24
Sir,
please advice me, can a private advocate can be hired if the case is State V/s respondent and State has provided Public Prosecuter in the case, if yes, plz give some citation, specially with reference to case u/s 304B.
Pramod Kumar Dubey
13 January 2010 at 21:24
Dear Sir,
I have purchased an irrigated land (approx 5 acres )from a person of my own village(UP),since he resides in Gujrat & been 65 years old he sold off his property to me & i have made full cheque payment to him, since he with his entire family is settled in Gujrat , he sold the property to me with his consent to me.
One of the reason of selling his land to me is the seller has family dispute with his two sons, both the sons have not taken care of his father after death of mother.
Now both the sons(age is 40 & 35) have filed a case against me that the registry which i have done should be cancelled.
The person from whom i have purchased land is inherited from his ancestors, he had sold the land to me in his proper health & with free will.
His two sons had filed allegation on the basis fraud, kidnapping,non payment which is totally baseless & wrong which i can easily prove as the seller was in a healthy state of mind plus i have done entire payment through cheque
Please advice on what grounds should i work againt the cased filed against me, I have paid all my money to him.
since his son has framed a baseless allegation of fruad siting non-payment, kidnapping & some words which cannot be used for a social person, i am willing to file a case of DEFAMATION against them, please advice.
Rgds,
Pramod Kumar Dubey
vijeta
13 January 2010 at 17:22
difference between pre cognisance stage and post cognisance stage
Anonymous
13 January 2010 at 16:43
I persue two notices of five cheques.
I file one compliant of this two notices.
but court is asking this is not maintable and find any citation of this problem.any ciatation is available.
S Shah
Amit
13 January 2010 at 13:25
Sir , My best friend get married two year ago, but behavior of his wife & her parents so bad with my friend from the first day. In Two years his wife stays with her parents more than one year now she is also with her parents from more than seven months. She has a son of three month. His wife not wants to live with my friends. His wife and her parents & brother in law say to my friend that they will file a case against my friend’s family U/S 498A for dowry. Can my friends and his family protected from a false case of 498A? Please advice
Anonymous
13 January 2010 at 12:56
wether having red sand boa is an offence
vijeta
13 January 2010 at 00:34
WHERE POLICE INVESTIGATES THE COMMISSION OF A COGNISABLE OFFENCE UPON THE INFORMATION OF CREDFIBLE THOUGH INFORMAL INTELLIGENCE THEN IN THAT CASE WHETHER SUCH INFO IS REDUCED TO WRITING ,AND THUS TREATED AS FIR OR NOT?
M.V.krishnarao
12 January 2010 at 22:57
Please clarify the status of the Asset in a DA case
Two gifts of thatched house comprising 90 Sq.yds each (side by side) was received from the paternal aunt (father’s sister)of the (AO) in two spells one in the year 1988 and another in the year 1989 by the father (AO) and his third son with life interest to the (father) AO and absolute interest to the (AO’s) third son being minor by the time the gift was executed. Rents though meager in amount were received by the father (though the father has right to enjoy the fruits during his life time) and the same were used for the welfare of the third son by father being Natural guardian.
In the year 1999 the father who worked under A.P State Govt. applied for house building advance of Rs.2/- lakhs and it was under process and pending without any endorsement till a case of DAwas booked by the ACB in the year September 2002. Charges were framed in the year 12/2006.
The father approached IOB Guntur for finance & sanction of loan for construction of house building and the Bank requested clarification on the gift deeds Dt.16-03-1988 and 08-05-1989 of the rights of the applicant to enjoy only fruits of the property during life time and where as the vested interest lies with the minor 3rd son.
The father of the minor approached the IV Additional District Judge, Guntur and the court in its order G.W.O.P.No.84/98 Dt.15-09-1999 permitted the petitioner to pledge or mortgage by way of deposit of title deeds with any financial institution or Bank for securing loan for construction of a house in the schedule property under section 8 of the Hindu Minority and Guardianship Act.
The IOB Guntur sanctioned a loan and advanced Rs.400000/- basing on the order of the court of the IV.Addl.Judge, Guntur. Construction was started in the month of May2001 and completed in the month of March 2002.
The Minor 3rd son attains majority and become Major on 03-03-2003
A ride was conducted on 21-09-2002 and a DA case was booked and charge sheet filed in the spl court for SPE & ACB cased Vijayawada on 18-12-2006. The case is now on trial.
The prosecution in addition to other charges framed charges on the three items on which a clarity is requested as detailed below.
1) Possession of vacant site of 90 Sq.yds.
in 12th line, Arundel pet, Guntur, in the name of Ao 18,000-00
2) Possession of vacant site of 90 Sq.yds.
in 12th line, Arundel pet, Guntur, in the name of Ao 18,000-00
3) Possession of double storied building at
14th line, Arundel pet, Guntur in the name of Ao 10,94,000-00
(A double storied building was constructed in item.1 & 2 above)
Please clarify with case laws if available how the above 1and 2 items registered gift deeds received from the paternal Aunt with (limited) life interest rights to the father and absolute rights vested with minor 3rd son was attributed to the father (AO) and in his possession by the prosecution.
If the gifts are not attributable to the father (AO) then the expenditure incurred for cost of construction by pledging title deeds to the Bank and from other sources may also be not attributable to the AO Am I correct or not?
Please furnish legal position in view of PC Act.
My opinion is that these items which are received as gifts with (limited) life interest to the father and absolute interest vested with his 3rd son could not be attributable to the AO and not comes under Assets and further construction of a two storied building in the gifted items 1 and 2 of the schedule property after obtaining loan from the IOB, Guntur and by raising funds by receiving sale proceeds of ancestral properties and pledging gold articles of AO’s wife and by receiving loan from father and a doctor friend and from rent advance from the tenant of the same building during check period. All these funds and finances are legal and having supported by documentary evidence and not acquired from the resources of the Govt.Servant were also not attributable to the AO in view of the following two paragraphs.
A Government servant is not required to give notice to the prescribed authority or seek
prior permission from the prescribed authority for acquisition or disposal of immovable properties by the members of his family, if the immovable property in question is not acquired from the resources of the Government servant concerned.
“A public servant charged for having disproportionate assets in his possession for which he cannot satisfactorily account cannot be convicted of an offence under S.13 (2) read with S.13 (1) (e) of the Act unless the prosecution disproves all possible sources of income.”
Please comment
Your valuable reply together with case laws is highly appreciated.
With reqards.
Rima
12 January 2010 at 22:17
Ld. Magistrate dismissed the S.125 CrPC application on the ground that the petitioner failed to prove marriage.
The petitioner filed Criminal Rivision in High Court (Cal).
Honble High Court issued Rule calling upon the State and O.P no.1 and to show cause "why the order should not be set aside".
Please tell me how to file an opposition. That is in this case whether AFFIDAVIT or OPPOSITION is to be filed?
What should be the Heading?
"AFFIDAVIT SHOWING CAUSE BY THE OP NO.1"
OR
"OPPOSITION SHOWING CAUSE BY THE OP NO.1"
Seniors please guide..
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Quashing of Charge Sheet/FIR
Sirs,
Please enrich me, whether a Charge Sheet filed in the Court of Law by IO in continuation with an FIR can be quashed? Or Can any one pray for Quash on the grounds of false complaint/FIR after filing the Charge Sheet? This doubt has arisen, in a case, where exact evidences in respect of complaint/FIR were kept secret by the complainant and the SHO and not made known to the accused and Charge Sheet has been filed against the accused in the Court of Law.