Anonymous
22 May 2011 at 12:39
After closure of Defence Witness Prosecution cannot Summon Witness of the Defence it is right but can we say that the above rules is also applicable when the Prosecution witness are closed than the defence cannot summon the prosecution witness ( In short Vice - Versa). After closure of the Defence Witness OR Prosecution witness the respect advocate have to fill a affidavit which they states that for my side the witness are closed or orally saying in the court during the proceedings are enough (that my witness are over or don’t have any witness or by witness are closed).
Thanks.
Anonymous
22 May 2011 at 12:25
1) What is mean of Life Time Imprisonment under IPC Section 55 to 57 ? It is 14 years or 20 years or for life time untill his death in the jail?
2) One more, is it right to calculate 12 hrs a day/some leave consider while a person passing the time for a offence. which case law has said.
Thanks.
Anonymous
22 May 2011 at 12:18
If you are dissatisfied and lost faith with the police doing the enquiry, you can approach the High Court under Sec.482 of Cr.P.C. for a direction to transfer the same to some other investigating agency. But which are the agency Crpc has not named the agency in which the investigation is Trf & also if the investigation is trf than the investigation will be for the begin again for the point where it has been trf. Pls support the answer with the case law. Also it has been said that Either the Government or the HC or the SC having the power to transfer the case to CBI enquiry.
Thanks.
gaurav
22 May 2011 at 11:49
SIR,
i am representing one of my client in complaint case u/s 138 n.i.act.IN cross examntion complaint has stated that he has filed more than 100 cases against various persons amounting more than 50 lakh u/s 138 and he has admitted that he is a money lender but does not have money lending licence.so now as 138 is a technical offence and all conditions and ingredients are to be fulfilled in order to convict the accused. now we have to argue abt legalenforceability of debt. can you plz forward me some land mark citations regarding this?what are the prospects that accused vl b get acquitted on this point ?
Anonymous
22 May 2011 at 08:27
Respected sir
My only query is that if some decisison is pending in the session court can a lawyer of Respondent apeal that their is absence of cause of action so that case filled by the wife may be dismissed?
thanks in advance
Anonymous
21 May 2011 at 22:34
Respected sir,
thanks for your guidance I have asked you all that their is one child between the parties .
husband dont want to spoil the life of the child due to some cunning people playing role in this relation.
their is no issue present between the husband and wife as such which cannot be resolved by talks and for such trivial issues she is trying to spoil many lives, silly thing.
judicial system has given two edge sword in the hands of wifes one side it empowers the m is good if she is sufferer but insecure the entire matrimonial home if they are innocent.
query in relation to last query:-
1) if some decision pending in the session court can husband lawyer plea in the session court that thier is no cause of action present in the main application hence case filled may be dismissed.
2) can session court dismiss the case filled by wife.
3) can husband appeal for help to filter the relation from issues, because few things can easily be explained and and notify in the last order issued by court so that issues which are present cannot be repeated. because any family manage things but intentional threat insecures entire family.
thanks in advance
Anonymous
21 May 2011 at 21:01
FOR EXPERTS DEALING IN 138NI CASE
I have been framed in a false case of 138. I used to help a very close friend financially as he was alwys in financial trouble. As he wanted more money he had to borrow it from somewhere. He used my signed blank cheques as security. Also he took a signed blank paper from me at that time. My cheques have been misused heavily.
The story made by him:
He has shown that I had taken money from him in cash (a very huge amount) with a proposal that I will give him an regular monthly interest which he says I did for 1 year. After that I approached him for more money and he claims he sold off all his wife's jewellery and gave me again in cash. Again he says that i paid interest for a few months after which I stopped responding. And after about one year of him pursuading me to give back money he has made a court case. He also forged an undertaking on a signed blank paper given to him at that time stating that I haev borrowed money from him and intend to return it failing which he can encash the cheques. The rest of details have been filled by him.
The idea is to harrass me and take whatever in form of settlement.
The story is total fake.
Facts: I never took money from him in any form. Also never gave him money except as help.
I have not taken any steps (not even a complaint) so far even after 3rd date although I have been appearing regularly and next is stage for oral evidence/submission.
Alongwith criminal case he has also filed a civil suit in parallel.
What additional measures can I take?
harish
21 May 2011 at 20:39
Dear sir,
My wife has filed maintenance under sec-125 crpc for minor child and her.During Pw-1 and DW-1 she has given false evidences and FIR copy(498,523,3/4,506,)has submited as evidence.
During 125 crpc Pw-1 she has given statements that i had come to my sasural along with my brother on motorcycle( which i have chargseeted on this sentence but i got proceedind and arest stay in High court lko).Which is totly contradictory PW-1 in 125 crpc mentinence.Apart this contradictory PW-1 evidences, I also collected many documents through RTI regarding medical report and doctors's statements etc.
My query is that
1).I have filed 340 as counter case but after admitted and argument magistrate has dismissed or Kharij the case,without any given the opertunity in order sheet, due to absence by me with continouse two peshi.He is biased person.
pl. advise me
1. what shuld i do..
2.Is there any remedy to file fresh as second 340 application in same court
3. can i file 341 and where it will file...
Pl.suggest me. thanking u for valuable suggestions.....
harish
21 May 2011 at 20:36
Dear sir,
My wife has filed maintenance under sec-125 crpc for minor child and her.During Pw-1 and DW-1 she has given false evidences and FIR copy(498,523,3/4,506,)has submited as evidence.
During 125 crpc Pw-1 she has given statements that i had come to my sasural along with my brother on motorcycle( which i have chargseeted on this sentence but i got proceedind and arest stay in High court lko).Which is totly contradictory PW-1 in 125 crpc mentinence.Apart this contradictory PW-1 evidences, I also collected many documents through RTI regarding medical report and doctors's statements etc.
My query is that
1).I have filed 340 as counter case but after admitted and argument magistrate has dismissed or Kharij the case,with any given the opertunity in order sheet, due to absence by me with continouse two peshi. pl. advise me
1. what shuld i do..
2.Is there any remedy to file fresh as second 340 application in same court
3. can i file 341 and where it will file...
Pl.suggest me. thanking u for valuable suggestions.....
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Misuse of Section 138 to Coerce Party
Dear Sir,
We run a company where we give post dated cheques as security cheques to our parties. The Pay Master is our End Client who gives these assignments to the parties with our company acting as a mediator.
The party undertakes to complete a particular assignment as per the Client's technical requirements. Since this a computer related work, we given multiple opportunities limited to three tries per assignment. Each assignment only if accepted within these three tries is paid as per the payment decided for the assignment.
In case a party fails to deliver the work as per the requirements inspite of three tries, the assignment is cancelled and no payment is made for the same.
One of our parties failed three times to deliver the assignment as per requirements. Hence, a payment was not due to them. Yet, they went ahead and deposited the security cheque issued by us without our explicit confirmation. Normally the Pay Master would pay them directly. But they went ahead and tried to encash our security cheque to coerce us for a payment for the work that was not due for payment.
We have read on this forum that there are certain clauses that can protect us from section 138 such as section 406, misuse of property (or such). Please advise us as this party is repeatedly trying to coerce us for payment and spoiling our name in our field of work.
Pls note: the cheque bounced and party filed a case of 138 against us. They are also planning to file a case of 420 against us. Please advise.
Please advise.