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naresh   18 July 2008 at 15:36

seeks advice and judgement on accutial

respected experts. the case is iam running a institute for last 30 years which was registered under socitey regestration act it is a private body we have taken NOC From govt also we conduct a examination of 10TH AND 12 CLASS like u heard HINDI SATIYA SAMELN PRAYG & RAST BHASA PRASAD VERDHA like this we given certificate to students who appear in our examination still our institution is not regognized from any govt deparments but thousand of student get govt job or like settle her and there we were in tuch with govt deppt for recognization and time to govt deppt has inspected our institute and lot ofcorrespondence between govt and us but some time mosetly we face problem if a student not get any admission in college or 11th after getting certificate of our institute they lodge FIR U/S 420, 468.471 ETC police does not under stand our documents we say if the institution is not regognized it doesnot mean certificate is fake fake means if we given some other institue certificate but they compare us with C.B.S.E. ur not affilated with C.B.S.E. WE SAYS CBSE IS ALSO A UTONOMISE BODY why we take affilation from cbse and he has no power pls tell any judgementsimilar to my metter and advice how we stom criminal activity to harash us we never write in our admission form we r recognized even student also before filp fourm knowas very well
harish kumar and ors

naresh   18 July 2008 at 14:56

seeks advice and judgement

respected all the expertas

i have file criminal complainat under section 420 and 406 in place of N.I Act for cheque Bounce whether the complaint is maintanabel pls suggest any judgement which support that a criminal complaint under 420 and 406 is maintanabel against cheque bounced

thanks in advances

harish

Joydip Mukherjee   18 July 2008 at 00:29

498A IPC Jurisdiction

Is there any recent ruling by SC regarding lodging of complaint Us 498A/406 IPC the matrimonial home jurisdiction would be considered for filing complaint,not the parental home jurisdiction?if any then let me know the details quoting the ruling please.

ravikanth   16 July 2008 at 14:52

a case study

1 International Bank opened a saving bank account in the name of Mr. R Singh and at the time of opening of the account handed over to him the copy of rules and regulations for conducting the account which also provided that the cheque book should be kept under lock and key and for loss if any arising from not complying with requirement, bank will not be responsible. The customer kept the cheque book in drawer and one of his office colleagues took off one cheque leave and by forging the signatures of Mr. R Singh withdrew the money from the bank. The customer claims the refund of the money:


can you tell me what all points can I argue in favour of Mr.Singh and International Bank............
please at the earliest............

ravikanth   16 July 2008 at 14:52

a case study

1 International Bank opened a saving bank account in the name of Mr. R Singh and at the time of opening of the account handed over to him the copy of rules and regulations for conducting the account which also provided that the cheque book should be kept under lock and key and for loss if any arising from not complying with requirement, bank will not be responsible. The customer kept the cheque book in drawer and one of his office colleagues took off one cheque leave and by forging the signatures of Mr. R Singh withdrew the money from the bank. The customer claims the refund of the money:


can you tell me what all points can I argue in favour of Mr.Singh and International Bank............
please at the earliest............

arunprakaash.m.   15 July 2008 at 15:39

special executive officer

What is the procedure of apponting Special Executive officer in maharashtra and his duties and responsiblities?

Sukhija   13 July 2008 at 21:59

138 NI ACT

In a criminal complaint filed by complainant the name of Accused is wrongly mentioned and summons are also issued to the accused by the court at his address , but the name is not correct.Address is correct.The cheque is signed by proprietor of company,name is not mentioned.My Query is
1)If NBW is issued against Accused, can the person living at that address be arrested in execution of warrant? I think ,no
2)Can the complaint be amended afterwards? correct name of Accused will be allowed to insert in the complaint?
3)Should Accused go for revision now against issuance of process?or wait and go for trial?
4)Should Accused himself appear and face trial?

lawyers friend   13 July 2008 at 21:39

The judgment of the Supreme Court and High Court "no matter for banks"

hi,
one of my friend give me this "judgment of the Madras High Court"

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The judgment of the Madras High Court quoted in the news report below could help you in criminal cases.
_______-

Keep off civil disputes, HC tells police



It Will Only Result In Huge Pendency Of Cases: Judge


A Subramani | TNN / TIMES OF INDIA, CHENNAI 13 July 2008


Chennai: Can criminal proceedings be initiated for issues concerning credit cards, personal loans, housing loans, hire-purchase schemes, default in payment of instalments and cheque-bounce cases?
No, is the Madras High Court's emphatic answer.
Neither the judicial/metropolitan magistrates shall entertain any private complaints from corporate firms in this connection, nor shall the police register criminal cases against persons concerned to please their corporate complainants, said Justice R Regupathi.
Not stopping with that, the judge directed the high court's registrar (vigilance) to compile state-wide statistics on the number of private complaints lodged for these civil disputes, and the orders passed by the magistrates concerned.
Narrating the novel system adopted by private financial institutions/banks, the judge said they file private complaints before magistrates and secure an order directing the jurisdictional police to register a criminal case and carry out investigations under Section 156(3) of the CrPc. Despite the fact that the dispute is civil in nature and the police are under no obligation to register any case, police personnel contact the persons and intimidate them to repay the credit card payment or personal loan or hire-purchase amount due to the bank.
Citing two specific cases that came up before him, Justice Regupathi said in both cases though there was nothing to investigate, the magistrate concerned, "with oblique motive to convert a civil case into a criminal case," directed police to register a case and probe.

CURBING ABUSE

Magistrates asked not to entertain private complaints

Police not to register criminal cases in such complaints

Erring magistrates warned of stringent action

HC registrar asked to compile statistics on number of private complaints

Also asked to report on the orders passed by the magistrates concerned

Banks using police to harass defaulters: HC
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also in "judgement of the Supreme Court" wherein it has been decided that the NBW could not be issued at the first instance. It had to be preceede by summons and a bailable warrant.
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Kindly advice if this Judgment is there then how could the Banks had issues Warrants and filed cases on me under Criminal Law from the lower court,can I get those cases and warrants/summons cancelled on basis of this judgment and can we take action against banks and sue them for mental harassment.can i file PIL for this.

Member (Account Deleted)   13 July 2008 at 20:54

Re: Anticipatory Bail

Can someone please enlighten me as to how can courts grant anticipatory bail to those accused who have gone into hiding?

Is such an order of the court granting anticipatory bail to absconders justified?