Legal_Query
26 November 2008 at 17:45
Dear Sir,
A foriegn company, not having office in India issued a cheque to an Indian Company, which bounced due to the reason account closed, can the company be prosecuted under the N.I.Act. What are other remedies available.
Thnks & Rgds
Nishant Singla
26 November 2008 at 16:52
My questions are all around about the significance of Crpc in the cases relate to panchayat act in Haryana.
Que: - One of a person of my village complained to DC of my District YNR about the misappropriation of funds in the tenure of my Father (who was a former surpunch of village at that time.) After doing inquiry the Department asks us to submit 96301/- due to some mistakes in the maintaining record. My father after received the notice from DC submit the said amount. Then the DC has filed the inquiry report in his office and no criminal was sued against my father by the DC. But the aforesaid person due to some political rivalry made a complaint to court U/s 406,420,467,468,471 and the court ordered the local police station for register an FIR and investigates the Case as per law.
My question is that apart from the Distt administration and the district panchayat department a individual person has a legal right to get a case register in the police station against the former surpunch besides this if the distt administration has no other objection and do not find any suitable base to get register a fir against the defendant.
So, is it a wrong order of the respectable judge as per legal proceedings of panchayat department?
allurisivajiraju
25 November 2008 at 21:19
Respected Seniors,
In a cheque dishonour case which was posted for trial, on that day Complainant and his advocate are not presented to the Court due to unavaidable circumstances.
Then the Court passed an order as "Complainant called absent, No representation, Complaint dismissed for default".
In the above circumstances the complainant whether file a petition for restoration of the said Complaint before the District Court or High Court.
If it is possible for restoration before the District Court please refer some citations to that effect.
Thanking You Sir.
vinod bansal
25 November 2008 at 20:46
Sir
I filed a complainant us 138 of NI Act after dishonour a cheque of Rs. 5,00000/- Court allowed my complaint & in addition with fine & one year imprisonment ordered for compensation of Rs. 5,00000/- now plz tell me how can i recover this compensation amount from accused.Thanx
bhagwant
25 November 2008 at 15:40
One mechanicaly defected truck was parked on highway without having indicators blown, one Maruti Car collided with it and persons in car got injured.
What will be legal position, under what sections offences will be registered and against whom they will registered
how chargesheet will be sent.
Answer query in respect of criminal law and not in respect of civil liability for compensation.
Raja
25 November 2008 at 14:28
I know an Indian company who sends employees to foreign countries on tourist visas and make them work at client locations.
Sometimes the employees are permanent full-time employees of the Indian entity.
At other times the Indian company has registered a separate company in the foreign country and employees have been transferred to this foreign entity (employees are still on tourist visa but working on local projects)
What is the procedure to report this? Can I do this by staying anonymous?
Apurva Kumar
24 November 2008 at 21:32
Jogendra Nahak V St Of Orrisa, A.I.R 1999,pg-256,vol-ii. What was exactly held in this case? its relevency? Any D.B decision.
Rajan Salvi
24 November 2008 at 10:30
STIGMA OF RAPE
In an appeal against conviction for the offence punishable u/s 376(2)(f) , I have taken some novel grounds . The Appellant is convicted for 10 years R.I. and all evidence points towards his guilt. I would be very much indebted if the esteemed Advocate members/law students express their LEGAL OPINIONS [preferably supported by citations. General discussion please excuse ]. Boldly I have taken the grounds, but I do not know if I am right or wrong. Please comment and help out. [ I am convinced that there are absolutely no grounds for defence ]
[e] In the alternative and without prejudice it is submitted that the Ld Judge ought to have convicted the Appellant / Applicant for offence punishable u/s 376 and 511 of the Indian Penal Code. This would have been right and proper in view of the stigma attached by the society to a rape victim. By doing so , the Ld Judge would have prevented further stigmatization of the victim from being branded as a rape victim causing her serious psychological harm. [ as a damage limiting exercise , this would be just]
[f] That a person whose s*xual feelings are aroused by small innocent children ought to be looked at as a person with low self esteem with a deranged mind. [ which is a product of an abused childhood] and while sentencing , psychological counseling of the accused ought to have been ordered so that after completing the sentence , the accused person is let back into the society , not as a pervert but as a normal human being. This is necessary because after sentencing , by coming in contact with criminals there is a likelihood of more serious harm being caused to the accused’s mental health. Life is too precious to be allowed to wither away because of an impulsive incident by an under privileged accused. No soul is unredeemable.
[g] Under section 376(2)(f) :- whoever commits rape on a women when she is under 12 years of age shall be punished with rigorous imprisonment for a term which shall not be less than 10 years but which may be for life and shall also liable to fine.
Definition of rape u/s 375 , first explanation ‘ penetration is sufficient to constitute the s*xual intercourse necessary for the offence of rape.’ Various High Courts have consistently taken the view that even slightest penetration is sufficient to make out an offence of rape. In Madam Gopal Kakkar v/s Naval Dubey , the Hon’ble Supreme Court has held that ‘ even partial penetration in the labia Majora or the vulva or pudenda which in the legal sense is sufficient to constitute the offence of rape’.
It is respectfully submitted that construing strictly the word ‘penetration’ in section 375 of the Indian Penal Code, it strictly denotes that considering the female anatomy, it is only the hymen and no other part of the female anatomy which can be penetrated. Hence the offence u/s 376 ought to be considered established only when the hymen is penetrated and the male organ enters the v**gina. Superficial attempt to penetrate the v**gina would amount to outraging the modesty / knowing the women carnally and would fall short of rape. Such an interpretation is in the interest of child victims so that no stigma is annexed to them through out their life.
[ while arguing orally I will say ‘maximum sentence may be imposed but stigma should not be there on the child victim. Coming from the appellant side I know it is strange , but then this topic needs discussion.
Member (Account Deleted)
23 November 2008 at 10:15
My client has been wrongfully made a party to a dishonoured cheque issued by someone and my client has been served a summon notice u/s 68 of the Code of Criminal Procedure. Now my client wants to teach a lesson to the notice serving party for mental harassment and for monetary compensation for advocate's fee etc. What could be the best way to fight against the opposite party ?
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respected seniors i am briefly stating facts of a 138case in which i am appearing for the accused. accusedtook a loan from the complainant bank and issed a cheque in the name of the bank. in default of payment of loanamount bank send the cheque for collection and get it dishonoured and hence the complaint.now complaint was filed by the manager but decision to file complaint was taken in a meeting of the board of directors of the bank but no letter authorising the manager to file complaintwasproduced.whether the complaint is maintainable.kindly provide any highcourt or s.c. judgement favourable to the accused. thankyou