Sarvesh Kumar Sharma Advocate
28 September 2009 at 13:05
a person name-x,issue cheque of his firm (propriter)to my client ,because his account is firm name.
i file case by x'name, whenever that cheque was firm name,
court want to setisfy that the account holder is x.
how i can prove?
Nitin
28 September 2009 at 04:22
A files divorce case against B in India. B appears in the case requesting interim maintenance (but not against divorce). However B also files and gets ex-parte divorce in USA after the pparance in the Indian case. A prefers no appeal against the foreign decree and the decree is final. A remarries after the mandatory period in the foreign divorce decree and withdraws his case in India *after* the re-marriage.
Can B accuse A of bigamy if she has acquired divorce on her own? Can she claim to be divorced in USA and married in India? Doesn't the law of estoppel prevent her?
venkatesh
27 September 2009 at 22:57
Party entered into Compromise before Magistrate and agreed to pay the cheque amount in two installments, judgment was passed accordingly, now accused had preferred an appeal, whether compromised judgment can be appealed
Dipak pritam
27 September 2009 at 12:15
Police registered FIR and note Statement of Eyewitness.
According to Police investigation Report There is 4 eyewitnesses.
And Cross examination in Fast Trail is under going now can possible for Re investigation against Fake witness.
How identify witness is Fake. And can be Investigate outside Police.
Or collect proof of lying
Dhiraj A Rajhans
27 September 2009 at 11:05
filed a complaint against proprietor firm under sec. 138 of N. I. Act. The name of the proprietor is typed correctly but the name of proprietor firm is typed wrongly both in complaint and evidence affidavit. the said mistake was recognized at the time of cross examination. can such mistakes be rectified??? if possible please provide case laws.....
Dipak pritam
27 September 2009 at 04:52
Sir,
Once the police has been registered the FIR on 06-Mar-2005, and Submit charge, police authority has been to file charge sheet in court, on 30-Jan2009.
Accuse has charge in FIR IPC 302/448/149/148/147/27 ARMS ACT and
According to FIR he is member of mob.,
Please clearly me that person if eligible for Government jobs. That case He can face problem in getting Government jobs. Or not. What is law Government jobs for that condition.
Shujath Khan
26 September 2009 at 13:58
Hello Sir,
I am a student of Medical College while coming back home on my bike where one boy from the lane where his house is come out suddenly on a bike where I and the person in other direction both applied the sudden brake without hitting the boy who came suddenly we both fall dawn.
The other person as soon as he got up abuse the boy who came suddenly in front and hold the collar of the shirt, where people around the street separated them with that he took his bike and left.
During that time I got up taken out my helmet, collected my belongings which got scattered like my medical apron, books and about to lift my fallen bike the boy who came in front suddenly from the lane where his house is 2 to 3 more boys came whom he was referring as his big brothers started hitting me
One Big Boy given a Blow on my Eye, a hard punch on my right ear and suddenly one more came with Iron Rod from the house and hit on my head which started bleeding badly – If the rod had hit an inch away I might have died with the brain ham rage.
About 100 meters away there is police station from where cops came by then and boys who hit me left the place soon after that. The 2 constables took me to the police station from where I call my family members where my house is about 2 kms from the place of incident they came immediately and took me to the hospital where I got about 5 stitches on my head and big bruise on my left eye and below the right ear on the neck.
One of the cop visited the hospital and took my statement and promise that he will find the culprits who did this, but its past 24 hrs police has not done anything and when inquired they said they are not able to find who did that, but everyone on the street the shopkeepers, and people residing there they knew well who did that and who are the ones. I am very sure Police also knows who did that but keeping the eyes close.
Please guide me what steps I can take and whom all I can approach to make sure the people who injured me get punish by the law and next time dare not think of repeating this incident to anyone else.
Appreciate your reply ASAP
m.v.prabhakar
26 September 2009 at 11:51
Sir,
I Shall be glad to have your comment/opinion on the following facts.
A special judge – CBI ( ACB) was hearing on the argument on charges against the discharge petition of an accused. There was no pecuniary loss/gain on the date of sanction to any parties. Instead of either discharging/framing of charges, he had added one more person (A company thro its authorized representative) as an accused and given a new date. That company is already under BIFR and not function for a long time. Prosecution had informed that court that the factory is not functioning and no one is available to serve the notice. Incidentally the CMD of the company is one of the four accused and got exemption through HC for non appearance before the spl. Court.
My questions are.
1. Can the judge is correct in including a new accused at the time of framing of charges. I believe that the judge, at the time of framing charge has to see prima-fascia any case is made out against the accused or not, based on the charge sheet made available to him. If he is not correct pl. support me with any case laws. If he is correct also pl. proved the relevant case laws.
2. Can a Company under BIFR (Closed/Locked/No Operation) or its authorized representative be made as an accused.
3. Since the CMD of the company is already an accused and obtained exemption from non appearance from HC, can the Spl. Judge invoke the exemption and ask the CMD to appear Him for any further clarification.
4. There is one directive from HC ( against the petition u/S 482) obtained by one of the accused that the case should be disposed off on the next hearing date. The above development had taken place after the directive from the HC.
Shree Kamat
26 September 2009 at 11:39
I got married in November 2007 and my wife left my home in December 2007 we never forced her to leave home she stayed at my home for only 8 days in that also she abused me and she had fight with my mother and my sister after leaving home she started sending threatening SMS and she created scene at my workplace but I never entertained her. After three months she filed complaint in police station and police arrested me, my mother, my sister and my brother in law. She filed s.498a and section 3 and 4 of Dowry Prohibition Act. (Stated mental and physical harassment and demand for dowry) against all of us. And s.323, 325 and rape charges on my brother in law. We got bail on the same day and charge sheet is presented within three month after that she filed defamation case on my sister and my brother in law and s.125 on me. She is a MBBS by profession. And she has demanded share in my mother’s property and my sister and brother in laws property. We never demanded any dowry or single peny from anyone. In fact after leaving home my wife came at my home in the absence of us and took all the Jewelry which was gifted by us to her. She had also stated in the FIR that all the jewelry have been forcefully taken by us from her.
I don’t understand what should I do because of this my family members are very disturbed are depressed and I am not getting proper guide from anyone.
Please guide me. Can I apply for quashing of this case if yes then kindly explain.
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Sir,
When a lady lodged a complaint and after 14 months she wrote letter to her office authority that she lodged an FIR number/year dated so and so the contents of this fir are false and fabricated due to acute pressure of my husband i do this.
in defence witnesses three Gazatted officers stated yes she wrote two letter regarding above said statement.
Ld Col for the accused submitted this letter truly attested by one of her office Gazatted officer as DW she say yes I attested this letter.
Now case is on final argument on next date of hearing.
What is the decision by the MM in the above case.
Please give me your opinion.
Thanks,