Anuj Dayal
29 August 2011 at 20:54
Respected Sir, My name is anuj dayal and i have just enrolled my self in U.P. State Bar Council. My query is that the daily i am witnessing the cases of FIR Quashing but i am unable to understand the logic behind this and why court gives the relief in the form of filing of report by Police under Section 173 of Cr.P.C. If possible suggest me some Supreme Court ruling or High Court rulings so that i can understand the court's approach relating to these types of cases.
james
29 August 2011 at 20:12
Police seized computer hard discs related to a criminal case.Upon the request of the police these discs were sent to Expert for decoding.Expert filed report and discs in one sealed cover in the court office. On the next day accused filed application for certified copy.Magistrate opened the sealed cover without intimating bothsides and issued certified copy to the accused.Is the magistrate right in doing so?why?
Ashok Mehrotra
29 August 2011 at 18:30
Sir,
I am a Consultant for the Pharma Companies, residing in Delhi
I have worked as a Consultant to a Pvt. Ltd. Pharma Co. in Delhi and having a agreement for my Services. Apart from this I am also 2 % Share Holder in the same company. The Company is having Two Promoter Directors only.
The Directors (2 No.) went into for division of their business and made a MOU and I have signed the MOU as 1st Witness. The same MOU having condition in which they shown as the both the Directors having 50% Share Holding in the comapny. As I have signed as witness in the MOU and one of the amendment too on good faith as they promise to settle my issue also in due course.
I have not sold my 2% share to any one of the Directors nor taken any money as price for the share not sign any Share Transfer Deed at any time. But one of the Director got Transfer my share in his name and also filed the Annual Return with the ROC shown over their that my share got transfer in his name.
The singing as witness in the MOU in which I am not shown as a Share Holders of the Company means that I have sold my share or deemed as as I have sold my Shares ??.
The same Director is not willing to pay the cost of my shares nor he is ready to registered again my share in my Name as he explain to me that you already witness the MOU & Its amendment as we both directors are 50%, 50% share holder in this company if you go to any of the Court / CLB then I will show that MOU that you signed as Witness.
Kindly suggest, can I have the matter to file a Case against the Beneficiary Director and to what extent my witness goes against me in the court of Law.
Kindly suggest me the appropriate remedies in which court and what kind of case I can file against the Director of the company.
Thanks & Regards
Ashok Kumar
Anonymous
29 August 2011 at 13:40
Dear Sirs,
My whole family trapped in false 498a and DVC cases. In my 498a Case charge sheet is framed 2 yrs back charges are not yet framed.In DVC Affidavit is filed by girl side. I have documents with me to prove they have filed false cases on my family.My question is Can I go for 340 CrPC before trial start? is it possible to file 340 crpc in dvc case as affidavit is filed by other party? is it possible to file 340 crpc before charges being framed in 498a ?? plz answer...
jitender
29 August 2011 at 11:49
dear members,
i require your advice on a case where my client gave loan of Rs ten lacs to Mr Ram now Ram in order to pay back his loan gave 4 cheques of Rs. 2.5 lakhs each all dated 17 july 2011 and he wrote on back side of the cheques that these are security cheques and the amount will be sent to you by pay order earlier than the date of cheque , now Ram payed 3.5 lakhs back to my client but the balance is still unpaid,my client presented the 4 cheques all were returned unpaid for insufficient funds,
i issued a notice to ram demanding the money but he replied that since cheques were given as security no liability under 138 b is made out, and also that he has already paid 3.5 lakhs back
My query is that 1.can a complaint under 138 b filed before magistrate? as i am confused coz in ICDS Vs Beena Shabeer the sc has held that security cheques are covered , but there are also judgements to the contrary .
2. can a case be still filed for those 4 cheques when he has partly paid the amount ?
kindly suggest relevant case laws to suuport my case..
thanks in anticipation!
Anonymous
29 August 2011 at 11:25
If the accused does not receive the legal notice of cheque bounce case, is it possible to send the legal notice from some another lawyer.
Anonymous
28 August 2011 at 22:29
Fervent appeals made on behalf of the accused who have been sentenced hanging in Rajiv Gandhi assassination case pointing out(a.the mystry about the making of the bomb used in the blast b. The failurte to identify the person who made the belt used for the blast by Dhanu)the questions yet to be solved; and the sympathy of eminent former judge V.R.Krishnaiyar towards this is genuine? Linking the abolition of death sentence in tune with the IInd optional protocol of the ICCPR to this is appropriate?
Anonymous
28 August 2011 at 21:33
who is the authority to issue orders for missing person u/s 107 & 108 of evidence act
Anonymous
28 August 2011 at 19:48
S.304A of IPC reads - "Whoever causes the death of any person by doing any rash or negligent act....."
I am not sure about what 'Negligent Act' means. In case of an accident where the person behind the wheels, fails to take the victim to hospital, does it amount to the act of 'Neglect'? and if so, what is likely to be the verdict in such cases? Considering the penalty being imprisonment up to 2 years or fine or both.
and what if the person surrenders to the police at his/her own will?
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Supreme court/ high court precedents u/s 308 ipc
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