vinod bansal
25 May 2011 at 15:32
R/Members
I am going to file a crl complaint uss 323/498A/406/506/34 IPC .I want to know In a crl compliant uss 498 A/406 etc IPC can i add sec 3 & 4 of Dowry prohibition act alongwith other sections of IPC,Marriage in this case was solewmnized in 2009.Kindly suggest.Thanx
vinod bansal
25 May 2011 at 15:29
Respected Members
Kindly suggest me charge uss 279 with 427 IPC is legally permissible/valid or not in the eye of law as some one has stated me that charge under both the sections in a case is not valid and is against the law.Kindly express your views plz,Thanx
v_g_tulasigeri@rediffmail.com
25 May 2011 at 14:48
plz tell me in IT act the meaning of sending equally to publishing the offensive matter comes under IT Act.
Anonymous
25 May 2011 at 10:20
Dear learned friends,
The salaried assessee being under the impression that the return for the AY 2007-08 not having been filed, filed the return again with another ITO.Both returns were not enclosed with proofs of deductions claimed in the returns.The AO without applying sec.143(i)of prima facie adjustments issued refunds in both cases. Later on in one return he received notice u/s.154 and later on 142(1) and 147. The addresses were provided by the ITOs for filing the returns to bring the returns in their own jurisdiction. It is the ITO who misguided the assessee that a refund would be given legally under his guidance. Feeling the complexity of the case, the assessee repaid both refunds. Thereafter, the ITO lodged a complaint under said provisions of IPC.The assessee is made A1, A person who helped him file the returns has been made A2 and A2's father a tax consultant for the last 40yrs with a clean background and no way linked to this case has been made A3.A3 is 75yrs old with a good reputation in the local social activities. The assessee doesn't even know A3. The concept of PAN was intentionally overlooked by the ITO before issuing the refund. Lest antecedents could easily be made out from the PAN, avoiding all these unnecessary complications.It's more that one full year and the police have not filed the charge sheet.Most of the allegations of cheating, fabrication of documents are false and with an ulterior motive to cause dis-reputation to A3.Since filing of the FIR A3 has not even been discharged from the offence. April 2010 till now,was time not enough either to file charge sheet/delete the innocent from the accused list. The said refunds and the intimations were handed over to the assessee/deposited into the assessee's bank account by the IT staff only. The addressee has given astatement that he knows neither A1 nor A2 and in place has mentioned an IT staff who has used his address. Certified copies of the statements recorded u/s.131 were applied for and the iTO refused the same with a statement that the JUDICIAL police investigation is going on and the originals need to be presented before the Hon'ble court when called for. If the police files charge sheet, truth would be revealed in the court and the Income tax dept's misappropriation would be revealed that the charge sheet is intentionally not filed. Now, after more than a year..the ITO for the same offence has filed a complaint u/s.277 & 278 of the IT Act directly to the Court with same grounds. The procedure of bail and unnecessary harassment would repeat. There were 21 of same cases where ITO had misguided assessees and issued refunds,all returns filed on the same day and within a week's time refunds issued on a single day in all cases. In one case the ITO can make an excuse that it was through over sight, but if it's 21 cases! For the same cases when prosecution has already been launched under one law/Act and even before it has reached the beginning stage of hearing in the court another prosecution is launched under a different law/Act. His second prosecution under the IT provisions clearly proves that Police has no role to play in tax matters as initiation of prosecution is only on reaching finality that it is a fit case for prosecution(again a supreme court verdict)and the complaint cannot be lodged to the police. A certified copy of the Chief Commissioner's sanction order also was applied for and there was a silence from the IT Dept..The assessee no doubt had filed two returns with wrong claims, but was misguided by the Dept itself and once he realized the facts, he in good faith repaid the refunds. This basically being a SALARIED case, so much of legality, technicality, harassment could easily have been avoided as this case involves hardly any application of mind for assessment. Now, the assessee is continuously harassed with notice u/s.271(1)c, calls from the police, attendance before the police and above all these fresh FIR for the same offence. No where is the mention of the IT staff involvement and innocents and most unconcerned are dragged into the case as accused.Kindly advise.
Regards
Kumar Krishan Agarwal Advocate
24 May 2011 at 22:59
Dear Sir,
I Got a false FIR registered 135/138 of Electricity Act on my name.
1. I may first have to apply for a Bail application under Sec 437 (2)
or
I may first have to directly file a discharge petition under S.227 before court of session to dismissed this false FIR case.
2. I am alone in me at my home and no near and dear relative with me besides my some friends but on the bail matter for getting surety from my friends they all are stepping aside and not ready to give surety to me.
I am afraid whether to proceed my Bail application or not as if the judge impose two sureties then on the same day if I cannot fill sureties form I will have to sent into Jail. I already took 3-4 adjournments on my Bail application.
3. Is there any way to get out this difficult situation ?
Anonymous
24 May 2011 at 20:18
there is a great difference between a police report and police diary. police diary is that one in which police keeps the daily details of cases whereas police report is one which is filed by the police after completion of an investigation in a case under section 173(2). this report is submitted to a magistrate who is empowered to take cognizance in that case.
Anonymous
24 May 2011 at 17:56
Dear all,
There is a case running between me and my wife. She filed the CRPC 125 case and i filled under Section 9 in which I was ordered to maintain my wife with rs. 2500/month with no reasons. The filed a revision for the same case which is in progress. I am ready to bring her back to my home but she is not willing to come back. Please advise me how can I stop this maintenance
Advocate M J
24 May 2011 at 16:04
Good Afternoon Respected members.
Sir in the cheque bouncing case, the complainant have not appeared before the court, And its in examination stage. whr the complainant has to be present but inspite of this the complainant had not appeared. Its since 3 to 4 dates v are waiting for the complainant. Wht will the jury advice for me to do. under which section can i file a memo before the magistrates court to dismiss the case. Or any other suggestion to acquit the accused
Thank you
Aftab Shaikh
24 May 2011 at 15:57
My parents have a fixed deposit with a Bank.The bank employee without the consent of my parents broke the FD and bought an Insurance policy in my Fathers name by forging his signatures. We complained to the bank as wel as the Banking ombudsman a month back. But till date I have not heard from them. We have the FD receipt with us. Please suggest what should be my next step.
Thank You in advance.
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Discharge Petition.
Acutaly Difference Between Quash Petition or application & Discharge Petition or application. AS we known that the only HC has the power to Quash the application or petition under section 438 of the Crpc,1973 but which section is governed for discharge application or petition. The basic difference between quash & discharge which one is more beneficial. For Wrong FIR against the person than he can approach the HC Under section 438 of the Crpc, 1973 for quash of FIR poplulary known as Quash Petition. But Discharge Petition is used for which purpose. Is there any point which say that Discharge petition can only be filed if this point comes.