naresh
07 September 2009 at 16:05
A director ofa company retires and board of directors passed his resignation. Form 32 also filed with ROC at the same time.After one year company while working with other directors bounced a cheque.Third party issues legal notice against the company as well as directors.and also includes the name of the director who resigned one year earlier,all knowingly.what remedy lies with that director who resigned almost one year earlier when the company did agreement with third party and then bounced his cheque.Third party malafidely trying to intermediate the director who has resigned.Can they be stopped from moving the court against the resigned director.pl comment.riven
Sumit Lal
06 September 2009 at 20:14
A proprietorship firm represented through its law officer, a power of attorney holder files the complaint U/s.138 of the Negotiable Instruments Act. The said power of attorney happens to be an Advocate who has not surrendered his licence.
My query is
(1) whether the power of attorney is valid?
(2) Whether can the power of attorney holder represent the proprietorship firm as a complainant?
(3) Whether the complaint will be maintainable?
Rajneesh Madhok
05 September 2009 at 22:11
Atrocities Act being misused in Phagwara, Punjab
Post Master urged the NGOs to intitiate a compaign
The Scheduled Castes and Scheduled tribes (prevention of atrocities act, 1989, commonly known as the SC/ST atrocity act, has become a tool in the hands of an official of Post office to settle score with adversaries detected on checking the daily accounts of Sos under Phagwara on 18th Nov 2008. As per the statement of Postmaster Phagwara Mr. Baldev Raj Arora he detected the anamolies in the funds and complained to the authorities regarding the anamolies. What reward he got with performing his duty, the complaints of atrocities made against him /the said Post Master Mr. Baldev Raj Arora by Mr. Santosh Kumar Sub Post Master Bilga SO In account with Phagwara Head Post Office and his father Mr. Kaila of V&PO Samrai. While disclosing the tale he says though the complaint made against him under Atrocities act has been withdrawn by the complainant even though the officials of the department are presurrizing him to go to the concerned parties and apologize them and after furnishing the written apology take the compromise letter from the concerned persons and submit it. As Post master is going to retire on 30th September. The concerned officials of the department are pressurizing him that if you failed to submit the compromise letter then your pension and all the related documents will not get proper attention. He says that the misuse of the act has been made against me. Mr. Baldev Raj Arora Post Master, Phagwra has urged the NGOs to intitiate a compaign in this regard and he should be saved from misuse of Atrocity Act.
He says that this is a matter of great concern as the misuse of SC and ST atrocities Act has been made. The false case has been filed against me. He appeals to the Central and State Government for speedy investigation of SC and ST atrocity cases and unnecessary harassment and mental torture to the concerned officials should be avoided.
The Govt should invite suggestions from all states and make this act more stringent and the case be registered after proper investigation in the matter. Hon’ble Union Minister for Social Justice Meira Kumar is being requested to kindly look in the matter of this law and the misuse of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Protection of Civil Rights Act should be avoided.
Hon’ble Madam is being requested that there are some shortcomings in the act so the act should be amended in consultation with the Nation Commision for Scheduled castes.
Our goal is to make India Atrocities-free and Untouchability-free. This can be achieved with the help of all the concerned friends, bureaucrats and the ministers.
STATEMENT OF POSTMASTER PHAGWARA
1. From Postmaster,
Phagwara.
To
The Senior Superintendent of Post Offices,
Kapurthala-144601
No: PM/Con/I/08-09 dated at Phagwara. The 20/11/08
SUB: IRREGULAR RECEIPT OF RS 5,00,000/- FROM PARTABPURA, SO BY SHRI SANTOSH KUMAR SPM BILGA ON 14/11/08.
Sir,
When I checked the daily accounts of SO under Phagwara on 18/`11/08. It was noticed that a sum of Rs. 5,00,000/- (Rs. Five Lac only) has been received by Shri Santosh Kumar SPM Bilga from Partabpura Sub Office on 14/11/09. I immediately made a phone call to Shri ------SPM Bilga asked him at least he should have intimated me regarding transactions at your own accord without intimation to Phagwara H.O. You might have remembered that the department has issued instructions circulated regarding security and remittance of cash from one Post office to another within limit etc. on this he became irritated and disconnected the phone.
Thereafter some reliable source informed me that this SPM Bilga has said that he will frame me in a false case in atrocity act against SC/ST. I have only asked the said official about his irregular transactions in th
s
05 September 2009 at 21:28
I am working in defence. My brother-in-law's wife has filed false dowry harassment charge on my in-laws, my wife and self. she has filed this as counter blast to divorce petition which my brother-in-law has filed. i would like to know is can defence personnel seek exemption from attending courts everytime the case comes for hearing. It is quite difficult for me to attend the court regularly as leave cannot be granted to me. secondly what would happen if i get posted out to different place? presently i am posted at the place where the case is filed.
Rishi Ahuja
05 September 2009 at 15:35
Respected sir,
I filed an application for request to register the FIR in PS Lajpat Nagar on 24-09-2009. The copy of the same was submitted to the Hon'ble Commissioner of Police,Delhi, DCP South-East as well as to the Secretary, Min. of Home Affairs. As no action has been taken by the SHO Lajpat Nagar. Then after a week , I filed a complaint u/s 200 and 156(3) of Crpc in the Hon'ble court of Delhi on 01/10/2008 and The Hob'ble court was pleased to pass the direction to the concerned SHO to file the ATR on the same day(01/10/2009)and asked to submit the report on 21/10/2008.
On 21/10/2008, I.O did not submitted the report and asked for another ten day to submit the report and Next date of hearing of fixed on 31/10/2008. On that day I.o. submitted the report though it was incomplete, but the Hon'ble court accepted and and kept for consideration on 10-11-2008. On 10/11/2008, Hob' P.O. was on leave and next date of hearing was fixed obn 19/12/2008 for the argruments.ON this day, during arguments Hon'ble court asked for the copies of the judgement mentioned in the complaint and ask to submit the same on 27/1/2009.
On this day, we submitted the copies of the order/judgements and also arguments were heard and next day of hearing was fixed for the order on 10/2/2009, but the order could not be prounsed. and on 24/2/2009 hon'ble court told that he has gone through the file and found that status report was incomplete.Hoble court pleased to pas the direction to concern I.O. to submit the status report in person on 6-4-2009, but the I.o. didnot submitted the same , even after 4-5 summoned were also issued to ensure his presence. Lastly today 5-9-2009, I.O came
and submitted not only the false and fabricated ATR but allegation made by him are totally false which hurt me a lot. When I prayed the hon'ble court to permit me to protest the ATR submitted by I.O. As the arguments were also going on , I hope that he has not listen to my words and gave the next date of hearing for order.
Now tell me , how can i submit the written statement/reply along with evidances and other evidances to prove myself innocent in regards with ATR filed today. I want to file the papers before 3-102009, the order of Hoble court.
Secondly i want to file an application before the Hon'ble Commissioner of Police and Jont Commissioner of Police, Delhi regarding personal grievences, as the intentionally false and fabricated status report submitted against me by I.O , which hurt me a lot.
Request advice for further action.
with kind regards
aanal
05 September 2009 at 07:08
i have been suffering from last 3 years by not getting maintenance regularly..my husband is a businessman and earning best.but he is intentionaly not giving me mntnce for harrasing me..untill i dnt make an application of 125/3 , he vl not pay me at the end of every month...and after application made by me and sumons get by him, he is paying in small installments in every long one month hearing..finaly at the end of 6 months i get that full payment by installments..during this 6 months another 6 months maintencace are becomes pending..
1) he is doing contempt of the court though honbl.judge dont take any strict steps against him.
i am fed up by paying lawyers fees and mental harrasement..i got frecture also thats y i cant do any job.
what should i do ??? is there any way or law to bind my husband to pay me regularly without making any 125/3 application??
plz kindly help me.
murli
04 September 2009 at 19:13
sir
If ATM of Banks delevers forgery of false currency, can that bank or manager of that perticular area be punished. Because they deposit the currency and check the currency No.
Jatin Sapra 9312223345,Delhi
04 September 2009 at 18:48
Is dere any advocate from Ghandh Dham , Gujrat.
I am an advocate practicing in Delhi wants to engage a local counsel dere .
Is dere anybody from that place den contact.
AMIT KARIA
04 September 2009 at 15:35
Hello,
In a case of State v/s the Accused against whom we had filed a complaint in Crime Branch & Chargesheet was filed by the Investigating Officer,
Q 1
although we cannot appoint a lawyer to directly fight the case, but can we hire a lawyer to assist or support the public prosecutor ?
Q 2
What other steps can we take so that the Public Prosecutor remains loyal & does'nt accept bribe from the other party ?
Waiting for your kind replies
Thanks
Amit Karia
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Cr.P.C.
Sir,
suggest me some citation of higher courts that " Investigation done by I.O . in absence of any order authorizing him to invesigate particular case" is illegal.riven