Anonymous
03 November 2009 at 14:06
A newly merried husband filed fir against his wife along with two person one meadator second brother, u/s-420,406,after few days of marriage.
that she take 50,000/=Rs.before marry ,and after marriage she take jwelary go to her father's home and breaching the crimnal trust.
However originalty is this that after marriage husband is not maintaining the conjugal right and fals case has imposed over her.
one person (brother)is in jail.
police has filed chargesheet .
wht is d difence?
wht will d bail point?
Anonymous
03 November 2009 at 10:22
What is a procedure once a bail is given or rejected in sessions court.If the appealent moves to HC, can the police arrest him in between? Can he seek relief under any circustances to avoid arrest?
What could be the time frame of judgement in sessions court Or HC for A /B?
The complain is under sec 467, 468, 407, 420 112 - B etc.Today is he 40th day since the complain is been lodged.
vinod bansal
02 November 2009 at 20:14
R/Members
my client vehicle has impounded by the police in a case of section 420/467 etc & challan has already been file in the court,i want to get release impounded vehicle on supradari,is it necessary to obtain police report regarding no objection in releasing the vehicle on supradari bcoz police has filed challan & no case or investigation is pending with police .Regards
vinod bansal
02 November 2009 at 20:10
R/Members
Can i obtain a copy of status report of crl case as per rules or provisions which has filed by spl investigation team & case is still under investigation & spl investigation team has not filed challan of this court before court.Thanx
anckoora
02 November 2009 at 19:10
dear sirs,
One of our customers has issued us a cheque against our old outstanding of more than 3 years old. That cheque bounced. Legally, how old dues are legally acceptable by court for proceedings under N.I.Act ? We understand that if your dues are more than 3 years' old, it does not stand for legal proceedings. Is it true ?
thnx in adv.
regards
anckoor
RENJITH
02 November 2009 at 18:27
Hi Friends one of my relative was working as a Branch Manager for a prominant finance company in Mumbai and he is now accused of forging the signature of a Director and cashing a client cheque and also misappropriation of money.He is now in Judicial custody...he says that the documents are fabricated and that he is innocent.Now I have few questions
1) Is there anyway to prove his innocence...a silly question I know..but I am asking this coz all the related documents are with the company and the bank and the employees support the management coz they are mighty..ourside doesnt have any document to prove our innocence...
2) Our lawyer is saying an item in FIR concerns a NON-BAILABLE offence..can that be fact ? forgery/fraud amounts to non-bailable offence ? My relative is never involved in a litigation before....
3) If there is no other way can we go for out of court settlement..ie paying the money he is supposed to have taken ???
Please help me here...
Anonymous
02 November 2009 at 11:08
Dear Sir,
We are a small firm providing consulting services based at Mumbai. I landed up in a dispute with one of our customers when she wanted to terminate the contract with us (as she got a cheaper alternative) in the midway of the services being imparted and wanted the advance money back. The customer filed a police complaint against me based on baseless allegation to make it look like a case of cheating (Prima-Facie). An FIR was registered under section 420 leading to my arrest in 2006. I got bail soon. The charge sheet has also been filed.
Presently the case is under trial in Metropolitan Magistrate Court for more than two years. My problem is that the complainant is not coming on the dates despite summon being served and serviced. As the allegations against me are baseless, she cannot prove the same in the court and that’s why she is not coming. I have been regularly going to the court on all dates hoping that she may come. I just get a new and long date every time, that’s all.
1. I was advised by an advocate to file an application under section 256(1) of the Code of Criminal Procedure. Does it apply cases under section 420?
2. I want to know that whether there is any provision in the law against such frivolous or malicious litigations?
3. Is there a way that can bring this complainant to the court?
4. Whether there is any possibility to get discharge from this case keeping in view that the charge-sheet has been filed?
5. Can you please advise me with a practical solution/ roadmap for a faster relief and justice?
Request: Kindly treat this as confidential.
rsagarjain
01 November 2009 at 10:22
Should a undertrail be handcuffed when being produced in court? The general answer would be 'No'. However, an accused would generally be an undertrail in a henious offence. What (1)if he runs away if he is not handcuffed (2) attacks the escorting police party (3)If the accused is not handcuffed and runs away, why should the escort policeman be suspended (4)undertrail if not handcuffed attacks the judge (5)not handcuffed, runs away with the weapon of the escort policeman.
So, is it mandatory that undertrail should not be handcuffed when produced in Court. Case Law?
Anonymous
31 October 2009 at 17:28
498a filed in 2003, wife falsely alleges that the husband beat her in a paying guest apartment where she was staying , police size the articles like fridge washing machine etc form husbands house and book a case, husband sent to judicial custody for 6 days. The IO ( police ) registers the false case.
Husband wins the interim custody of articles by producing credit card bills and the wife does not challenge the interim order.
Wife also files a false case of divorce citing the 498a case where the address of the PG is given.
Now all complainant witness examined and the defense witness is the owner of the apartment where the alleged incident took place. In fornt of the court the apartment owner says he never ran any PG accomodation, he does not know the police filed a case and his house address is used and he does not know the complainant ( wife)
Final arguments are pending.
Questions:
1) Is it malicious persecution, giving false evidence, common intent etc?
2) criminal conspiracy by the wife, witnesses and police against the accused
3) As the address and the events of assault at the apartments have no standing because the apartment owner has come to court and said they are false.
4) Does IPC 120. Concealing design to commit offence punishable with imprisonment apply
5) Does Section 182 in The Indian Penal Code - False information, with intent to cause public servant to use his lawful power to the injury of another person apply
6) Does Section 196 in The Indian Penal Code - Using evidence known to be false apply
7) Does IPC 201 Causing disappearance of evidence of offence, or giving false information to screen offender
8) Does IPC 211 False charge of offence made with intent to injure apply
9) Does IPC 218 - Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture apply on police
10) Does IPC 327 - Voluntarily causing hurt to extort property, or to constrain to an illegal to an act.
11) Does IPC 347 - Wrongful confinement to extort property, or constrain to illegal act.
12) Does IPC 355 - Assault or criminal force with intent to dishonour person, otherwise than on grave provocation apply
13) Does IPC 420 - Cheating and dishonestly inducing delivery of property apply
14) Does IPC 424 - Dishonest or fraudulent removal or concealment of property.
15) Can IPC 500 - Punishment for defamation.-- Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
16) Does PIC 343 - Wrongful confinement for three or more days.-- Whoever wrongfully confines any person for three days or more, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
17) Does IPC 177 - Furnishing false information apply
Please help if you have any judgments and what relief can I ask for to the court as the trail ran for 6 years on this false allegation which can be proved beyond reasonable doubt by the strength of the flat owners statement. I just need your expert second opnion.
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cancellation of membership from awas vikas GHS U.P.
I WAS A FOUNDER MEMBER OF GROUP HOUSING SOCIETY AND DEPOSITED APPX 5 LACS AGAINST THE PROPOSED COST OF 7.5 LACS FROM TIME TO TIME. THE PROJECT WAS DELAYED DUE TO CERTAIN PROBLEMS WITHIN THE MANAGEMENT COMMITTEE(CORRUPTION CHARGES & INFIGHTING)
FROM 2004 TO 2008 MANY MANAGING COMMITEES WERE FORMED BY THE COURT/REGISTRAR. IN 2008 THE NEW COMMITEE RAISED THE RATES OF FLATS AND DEMANDED MORE MONEY.
DUE TO MY CRITICAL ILLNESS DURING 2008 I COULD NOT REPLY TO THEIR RAISED AMOUNT AND ON THIS GROUND THEY CANCELLED MY MEMBERSHIP. THEY DID NOT REFUND THE DEPOSITED AMOUNT.
I HAVE SENT 2 LEGAL NOTICES BUT THEY HAVE NOT RESPONDED.
WHAT REMEDY I HAVE?
I AM GIVEN TO UNDERSTAND THAT SUIT CAN BE FILED ONLY IN LUCKNOW. CAN THE CASE BE FILED IN DELHI AS I AM NOT IN POSITION TO GO TO LUCKNOW OFTEN DUE TO MY ILLNESS.
CAN YOU RECOMMEND ANY ADVOCATE'S NAME WHO IS WELL VERSED WITH THE PROCEDURES OF AWAS VIKAS SAMITI UTTAR PARDESH.
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