Anonymous
07 June 2011 at 15:56
In a 138 case ,lower court gave judgment of 6 months punishment(imprisonment)plus if the complaint amount remaining 467000 not paid by accused then another 6 months imprisonment.
My question is if i files an appeal then the court (district) can impose penalty.
How much penalty did court impose in this case?
I heard that court will impose 20 % or 50 % amount.Did this true?
kv vijayan
07 June 2011 at 15:47
Hi,
I request the experts opinion as to when a notice is sent under section 138 of NI act to the accused, is it necessary to specifically state that the said notice is issued under Section 138?
2.If it is not mentioned so, can that notice be considered as notice under Section 420 of CrPC.?
Thanks,
kv vijayan
Anonymous
07 June 2011 at 15:37
Greetings !
I am another victim of 498a. Hereby putting the incidents and request for your kind guidance to get rid of this and if possible use the same against my wife.
1. I was marrined in Mar 2008. In Feb2009, my wife with her mother-father threatened me that they file complain under 498 if I do not remove my mother out of house and add her name on the property(flat), which is taken by me on Home loan. At the time my one sis was in advance stage of pregnancy and other sis was just married(1 month). Due to apprehension, I filed anticipatory bail application. The said application was rejected as my wife opposed the same. She also got the resedential ex-party order under DV act in Feb 2009.
2. As relation were over and my wife had terated me with lots of cruelity (also marriage wasnt consumated). I filed a divorce petition in Mar 2009.
3. She kept filing one or the other application under DV and delayed the case. In Mar 2010, she tried to kill my mother and an offence was regeistered under 324. Considering the same Session court was pleased to cancel her residence order and asked me to pay her 5000 for rent as&even she was earning 25000 pm.
4. After that, She filed a 498a in Jun 2010. The case is yet to start.
Please guide and help.
Tina
07 June 2011 at 14:22
DEAR SIR'S
AS MY HUSBAND USED TO MAINTAIN MY INCOME TAX FILE WHICH IS NORMALLY DONE IN EVERY HOUSE.
HE HAS WITH HIM ALL THE RELATED DOCUMENTS AND HE ALSO USED TO GET BLANK CHEQUE BOOKS SIGNED FROM ME.
EVEN MY PAN & VOTER ID CARD ARE WITH HIM.
I HAVE NO CLUE OF THE INCOME AND OTHER INVESTMENTS HE HAS DONE/ SHOWN IN MY INCOME TAX FILE AND EVEN I DO NOT KNOW WITH WHICH BANK BRANCH MY BANK ACCOUNT ARE MAINTAINED.
I NOW WANT TO KNOW THAT IS THERE ANY LEGAL WAY TO GET ALL MY DOCUMENTS AND MY INCOME TAX FILE FROM HIM.
PLEASE HELP ME OUT
REGARDS
TINA
Anonymous
07 June 2011 at 11:28
Hello,
Request an annswer for the below as I had posted it earlier but did not receive any answer as yet. Thanks.
I would like to know that a man married for 23 years with 2 kids from his wife but had not informed the wife about himself being an illegitimate son amount to raping his wife in all those years and does the Section 376 IPC apply to him.
Secondly the properties were put in good faith on the wife’s name along with the husbands name because of love and affection and a Registered Power of Attorney was obtained from the wife. The monies for the properties had come from landed property of the husband’s mother and father. When found that the wife was not behaving in the right manner and went in Christianity without informing the husband and besides that many other unmentionable facts, the husband via the POA transferred the the wife’s share of the property as a Gift back to his mother.
We were married as per Muslim Law. Divorce case is still pending in the Family Court. Wife had run away and filed the case. Besides that for the property there is a separate case filed in the Civil Court.
Custody of the minor son has been granted to the father by the Family Court.
Does any of the above attract criminal charges towards the Husband and his Mother for Criminal conspiracy(Section 120-B IPC),cheating(Section 420 IPC), Rape(Section 376 IPC) read with Section 34 of the Indian Penal Code. This has been filed by the wife besides the other above cases.
Kindly explain does any of the above apply to the case filed and summons sent. I believe a bail has to be obtained. Mother is nearly 80 years and husband is 50 years.
As this is quite serious I will appreciate and be obliged for an answer if possible a little elaborate one.
Anonymous
07 June 2011 at 10:11
As per Indian Law, is forceful intercourse with wife an offence? If yes, under which section,ie. rape,mental cruelty, does it come?
Anonymous
07 June 2011 at 09:54
bank returned the chaque unpaid with memo and the reason is that "Not Drawn Us" what is the remedy ? 138 complaint is maintainable or not ?
Debasish Hota
07 June 2011 at 07:56
I need the views of experts on eviction of people from Ramleela Ground ,New Delhi on 4th/5th June.
Is it Justified ?
Anonymous
06 June 2011 at 22:48
Please suggest what we do to save us , As we are completely innocent on this case, As we never demand dowry from her family member's.
Even they demand 20 lakh from us to save us from this case which is completely wrong.
Also those persons want from us that we lived our belonging of 10 lakh value with them too ?
Please suggest the best possible to get rid of this fake dowry case and how we put criminal's behind the bar's ?
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