S Das
18 July 2011 at 09:33
Dear Sir,
By profession I am a secondary school teacher(govt.of Assam)residing in Karimganj
district.That sir,in Jan'2009 two person looking very smart(introduced themselves as engineer from Idea Cellular) came to our place and asked in a professional manner whether I have any land measuring 2500 sq ft. to setup mobile tower and in return I will get not only monthly rent but also two nos of Gr IV employee will be provided. As I don't have any land they left. But on hearing the offer one of my friend's (business person) customer residing at Hailakandi Dist. who became very much interested and requested me to introduced him with them.I thought if somebody get benifitted with a little help I shouldn't
loose anything. So after a few days when the so called engineer visitted once again I told them the willingness of the person about set up of a tower and consequently they visitted the site of that person, of course I was with them for identification of the place. After that both the parties
discussed the terms and condition and on march'2009 an agreement paper was signed between them where I put my signature as a witness. After that as per my knowledge he was in touch with that engineers becouse
once I was contacted and asked the engineer about the position of agreement, he replied that it is the matter of the party concerned and not me. So I dont made further enquiry till then.
That Sir, few days ago I was reported by my friend taht a FIR has been submitted to the Police Station(Hailakandi Dist.) against mysef and my friend describing we have taken 1 lakh from him to setup tower and cheated him. On receiving the message I am verry much surprised and mentally disturbed as I am a techer and a well known in my locality.If police person arrest me it is matter of prestige concern for me and my service. In this circumstances what should I do in a legal way Please advise me. Thanks.
Anonymous
18 July 2011 at 09:21
I am Rajesh Kumar. I belongs to AP.
Actually my wife filed 498a 1 year back after separted for 2 years. they wanted to extrat huge money from me.. before they were going to file 498a.
they asked 40 laks as a settlement with mutual divorce.
We didn't agree for that. So, they went to PS and filed 498a saying that husband demanded addtional dowy.
So, CI filed 498A & DPAct 4. they gave the reason Cruelty by demanding additonal dowry demand.
There was no DP3 registered on me..
because there was no dowry takes place eventhough she mentioned in her complaint saying that her father ( did she see giving dowry?? ) had given dowry(40 laks cash) at the time of marriage.
here they didn't submit any shreedhan list and no bills for dowry(which they were complained..)
after 1 week later, they started mediation using police for outof court settlement (we didn't agree for that.)
after 1 year later... she filed for divorce on the grounds of cruelty without informing to me.
summons were sent to my parent's house by registered post.
my father received them and kept with them because they can't read/understand those papers.
actually i am staying in another state which is different from my parents state.
now she got ex-partee...
they filed 498a in one town and divorce in another town courts. both are not in same town.
To extract huge money from me... she comeup with more & more false cruelty alligations.. those alligations mentioned by her even one also doesn't tally with 498a complaint/FIR...
her statements are fully different and fabricated with very cruel TV serials.
she can't get huge money from me if she get ex-partee. To extract huge money from me, she prayed the magistrate to pass an order to return back her dowry(40 laks) and her gold 10 tula gold(never submit any bills/list).
for that she produced 3 witnesses all her family relatives and family friends. there is no paper evidance for them..
how to solve this fake dowry claim??
does the court support extract huge money in 498A & DPAct 4?
does it possible to pass an order without any material evidance?
here their motivation is extract huge money.
Anonymous
17 July 2011 at 20:37
A person died in his own house by hanging himself, Informant lodged FIR against his own family members on the allegation that they killed in the greed of porperty. And named two eye witness, who were declared hostile in the case, during post mortem report after more than 14 days of incident doctor found and submitted his report as strangulation. Only on the basis of statement given by informant who is not the eye witness on the basis of heresay evidence the court convicted accused by life sentence. whether it is correct? give judgments
Vijay Kumar
17 July 2011 at 17:23
An accused is discharged by a criminal court.
Whether he can be prosecuted again on the same set of facts?
VINAYAK HIREMATH
17 July 2011 at 15:17
Dear Sir,
Facts of the Case:
Cheque dated 05/10/2008
Dishonour Intimation receipt date 14/11/2008
Bank Remark - "Required Signature, Alteration in Deed"
Notice dated 16/12/2008
Notice Receipt Date 19/12/2008
Date of filing case u/s 138NIA not known
Summons issue date 10/03/2010
Summon date 23/04/2010
Query:
My relative who stays in Pune has been charged in this case filed before JMFC Indore (MP).
Whether the above case meets all the dates within limits specified in the section?
Can a case under this section be filed after more than a year from serving of notice?
We observe that the complaint has not been signed by the complainant and is signed by their Advocate and we feel that the counter sign by complainant is forged.
Kindly advise in the matter. Also, I will be grateful if reference of a suitable Advocate in Indore be provided to us.
Regards,
Vinayak S Hiremath
Anonymous
17 July 2011 at 14:56
CAN A DYING DECLARATION DICTATED BY A LINK AND EXECUTIVE MAGISTRATE TO THE INVESTIGATING OFFICER AND WRITTEN BY I.O & NOT BY MAGISTRATE IN HIS OWN HANDWRITING , WITHOUT GIVING EXPLANATION OF THE SAME BY MAGISTRATE AND I.O. IN CROSS EXAMINATION ONLY SIGNED BY MAGISTRATE AND NOT ATTESTED BY DOCTOR OR NURSE OF HOSPITAL OR BY INVESTIGATING OFFICER OR ANY RELATIVE OF DECEASED WHILE ALL WERE PRESENT AT THAT TIME AND ONLY HAVING THUMB IMPRESSION OF VICTIM AND NOT HIS SIGNATURE ON DYING DECLARATION, NOT MENTIONING TIME OF RECORDING AND FINISH BUT STATED THAT STATEMENT RECORDED IN 15 TO 20 MINUTES IN DELHI AREA HAVING GIVEN DIFFERENT TIME OF RECORDING BY I.O. AND MAGISTRATE FOR RECORDING (i.e as per Magistrate he dictate statement to I.O. in morning at about 12.00 noon and as per I.O. he scribe statement on the dictation of Magistrate at about 10.30 p.m. on same date, HENCE TIME DIFFERENCE REGARDING DICTATION AND WRITING THEREOF BY BOTH S.D.M. AND I.O. ON RECORD . WHILE THE STATEMENT IN QUESTION HAVING THUMB IMPRESSION OF DECEASED AS PER MAGISTRATE PAD USED FOR TAKING FOR THUMB IMPRESSION WAS TAKEN FROM A NURSE OF HOSPITAL WHILE AS PER I.O. THE PAD USE FOR TAKING THUMB IMPRESSION WAS ALREADY WITH HIM .. MOREOVER, WHEN THE SAME STATEMENT IS RECORDED THE F.I.R. WAS NOT LODGE F.I.R LODGED THEREAFTER ( ABOUT 3-4 HOURS LATER) PRIOR TO IT A D.D. ENTRY WAS RECORDED 3 DAYS BEFORE IN THE SAME CASE AND THERE IS NOTHING ON RECORD THAT THE SAID D.D. WAS ENTRUSTED TO INVESTIGATING OFFICER TO INITIATIVE OF PROCEEDING BY S.H.O.. NOW , MY QUESTION IS THAT IS THIS KIND OF STATEMENT IS TRUSTWORTHY AND CAN BE RELIED UPON AND CAN BE SOLE BASIS OF CONVICTION IN A CASE?. AND IF YES ON WHAT BASIS IN DELHI AREA. PLEASE CLARIFY. THOUGH THE O.I. IS NOT EXPECTED TO SCRIBE THE DYING DECLARATION IN DELHI AREA. WHAT IS THE EXACT RULE FOR RECORDING OF SUCH KIND OF DECLARATION?
 
Anonymous
17 July 2011 at 12:05
Also there is bit confusion actually what does regular bail & interim means? It has been said that after getting the interim bail The accused has to also apply for the regular bail also. Also if the accused gets the anticiparoty bail the accused has to apply for the regular bail also why not understood because when the interim or anticipatory bail has been granted then why again apply for regular bail. Actually what is the concept of regular bail, interim & aniticipatory bail which one will come first or what is the process of getting bail & after getting the bail why regular bail.
Thanks to member.
Anonymous
17 July 2011 at 12:00
Request to the expert to pls answer the below 8 query :can give opinion & case also.
It is mandatory to surrender for getting bail. But here bail means which bail (Interim Or AB Anticipatory Bail)?
What actually surrender petition means?
Surrender petition is necessary in both Anticipatory Bail & interim bail?
When a accused is "PO" (proclaimed offender) then he can only get the Anticipatory Bail & interim bail is not given?
If the accused is not "PO" (proclaimed offender) then also he/she has to submitted the surrender petition with the Anticipatory Bail Petition?
During the Anticipatory Bail the accused has to remain in the court? If not then when the accused is compulsory required to remain present in the court?
During the Interim Bail the accused has to remain in the court? If not then when the accused is compulsory required to remain present in the court?
Anticipatory Bail is applicable for how many period & interim bail is for how many period.
thanks to all of them.
Ms Liberal
17 July 2011 at 11:10
My sisteR petition was dismissed by CAT ON 20.02.2011 and then she filed the Review Petition which was dimissed on 01.06.2011
Now she wants to file the writ petition against the order. Whether she has to challenge the final order of CAT THAT IS 20.02.2011 or Order in Review Petition that is 01.06.2011?
If any limitation is there, what is the optimum time to file the writ petition before the High Court that should be reasonable
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how to get back my Computer Hard-Disk taken by poilce in 498a,406, 420 CASES
Wife filed the following cases on me 498a,406 and 420 just 1 month back.
She has given FIR that i have lot of Blue films, and abusive or adult chats and emails, lot of girl frneds pics in my Hard Disk.
Police caught me while i was in some funeral function and kept me in jail.
parallely the police taken my flat keys and went to my flat with my wife and her parents and taken aways my hard disk and all her belongings including my marriage gifts. they had taken the signature of the Appartment's secretary as evidence.
Now what to do? How to get my harddisk back. as i have lot of my office related files and other income tax related documents in it.
Would i get it finally or not? if so whats the way to get it soon?
Respected Lawyers, Please help me on this.