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Rajesh Palande   17 October 2009 at 19:01

Robbery and threat to life

We had employed a driver, and dismissed him from service due to misbehavior with proprietor who is a lady. After few years the same man came and demanded Rs.7000/- which he claimed as unsettlled dues. He also signed on a promisory on 100/- non-judicial stamp paper mentioning that he would not harras any of family members, and he does not owe any dues with us. 3-4 days ago he stole 2 batterries and 2 car tape from buses owned by us. Police had formally arrested him recovered batterries. However the are not recording our complaint and have released him. Police say that we would catch him once they record our compliant. Every time we go to launch a complaint they avoid telling some or other reasons. We feel that police have co-operated till now by arresting him recovering the stolen batteries but why so delay in criminal proceedings. Please guide us what can be done in this.

Rajesh Palande   17 October 2009 at 18:59

Robbery and threat to life

We had employed a driver, and dismissed him from service due to misbehavior with proprietor who is a lady. After few years the same man came and demanded Rs.7000/- which he claimed as unsettlled dues. He also signed on a promisory on 100/- non-judicial stamp paper mentioning that he would not harras any of family members, and he does not owe any dues with us. 3-4 days ago he stole 2 batterries and 2 car tape from buses owned by us. Police had formally arrested him recovered batterries. However the are not recording our complaint and have released him. Police say that we would catch him once they record our compliant. Every time we go to launch a complaint they avoid telling some or other reasons. We feel that police have co-operated till now by arresting him recovering the stolen batteries but why so delay in criminal proceedings. Please guide us what can be done in this.

AC MAINI   17 October 2009 at 18:43

Adultery

In the present electronic age Pl. tell me if the E mails exchanged between two conspirators are admissible as evidence.

Similarly in adultery whether recorded Telephone conversation having illicit relation talks can stand to prove the offence.

ramjishyamji   17 October 2009 at 17:16

N.I.Act138

Accused issued post dated cheque as Chairman and managing director. against maturity of debentures.Before the due date he resigns.Consideration against MOU under which resigns not paid.

pls advise with favourable case laws

Ajay Kochar   16 October 2009 at 17:41

House Breaking

There is an house robbery and theft at my residential address as on 11/07/2009. I filled a FIR in a manpada Police Station and mentioned the name of House Maid in FIR.
But even after 3 months police not taken any action against her. Laxmi only knows on that date we are going to outside of Dombivli. She even worked on that day by taking keys from the neighbour. She only knows where my wifr took Money and ornaments bcoz she worked at our home from the last 5 yrs. Even I given a seprate letter regarding Laxmi is the main suspect in this case. But police not taking any Investigation, not even visit after 13/07/09 for a single time. No finger prints, No photos, no dog scod, nothing is doen No charge sheet is filled against laxmi. Pls advice what to do?

Preetam   16 October 2009 at 11:59

Is giving bribe an offence

Hi,

A perusal of the Prevention of Corruption Act and the IPC reveals to me that 'accepting bribe' is an offence, but 'giving bribe' does not appear to be an offense. In other words, a government official accepting bribe can be prosecuted, but the law does not provide for prosecution of a person giving the bribe. However, most prominent persons (includng the PM and the Lokayukta) seem to be a of a view that even giving a bribe is an offense just as much as accepting a bribe. If giving bribe is really an offence under Indian laws, can you please direct me to the relevant provisions or a particular case law in this regard. Thanks.

Legal Fighter   16 October 2009 at 10:36

Wife went abroad after filing false 498A and DV Case.

Wife has fled to abroad after filing false 498A and DV case. Now her counsel takes date on one pretext or the other and the cases are not progressing. I want to finish off the cases as soon as possible as I can disapprove all of her false allegations with sufficient proofs.

What should I do so as to conclude the cases as soon as possible? Kindly suggest?

Grace   16 October 2009 at 09:22

FIR withdrawal - consequences

Dear Mr.Kiran Kumar,

Thank you for your very prompt reply. It is very helpful and gives us hope and courage to take the next step.

In the last sentence you mentioned SC judgements? What are they? And where do I find them? (Excuse my ignorance)

Thanks again.
Grace

amarendra   16 October 2009 at 07:16

bail

is there any case law of the apex court or high courts as to how bail petition are to b disposed of if an accused surrenders in a nonbailable case, like it should be heard in the 1st hour to enable accused to approch higher court.

Grace   16 October 2009 at 07:14

FIR withdrawal - consequences

Dear Law Experts,

I have just come across this fantastic website where you are helping people like me who know nothing about legal matters, but are unfortunately caught up in legal battles. Thank you so much.

My friend with the advise and pressure of her lawyer, and unfortunately not knowing any better and not having anyone better to advise her, filed an FIR against her husband. While her allegations are true, she doe not want to go ahead with the allegations. However, she has been advised that now she cannot withdraw the FIR. If she did, her husband can file a defamation case against her. I read in one of your answers that such cases can be quashed with mutual compromise. The lawyer is not willing to go down that path. We dont understand why.

My questions are:

1. If she, or someone on her behalf, initiates a dialogue for compromise, will it go against her?

2. Will there be any other adverse consequences? What other charges can the husband bring against her?

3. What precaustions should be taken while coming to this compromise? Can this be done with a mediator and without the presence of the lawyers?

We are so much in the dark, Please advise.
Thank you very much.

Grace