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Mayuresh Gujar   12 May 2011 at 20:37

138 notice based on affidavit cum declaration

sir

i want to send notice u/s 138.

notary affidavit cum declaration given by the party to my client.

so can i mention all the terms and conditions of that in the 138 notice or just:-

"You have made affidavit cum declaraation from my client Towards the said outstanding dues under that affidavit cum declaration you issued to my client the following cheques"

or other type something

Anonymous   12 May 2011 at 19:46

Quashing.

No one has the time to explain me because i am a layman. Pls it is a request to explain me.I Am staying in Bombay Explain me in detail .

What about the meaning of interim application, civil misc. petition & criminal misc. petition, & interlocutory application. Where can be used & the validity of it.

Meaning & Difference Between Judge's Summons and Master's Summons.

Meaning & Difference Between Chamber Summons or Interlocutory Summons.

Example if any

Quashing can only be done by the HC only?

Thanks.

Anonymous   12 May 2011 at 19:16

Investigation Vs Section 482 Crpc

Opinion & Case Laws Required of SC only

It has been said by the various binding precedent that High Court will not interfere the Police Investigation? So my question is what about section 482 of the Crpc it has no value. Because Section 482 of the Crpc says it has inherent powers so why can’t HC interfere in the Police Investigation? It means during the Investigation HC has no powers to use his inherent powers given by the statute u/s 482 of the Crpc also HC has no powers for any injunction, Quash, powers during the investigation. So we can say that section 482 is not applicable during Investigation. Pls Provide me the Case law which say that HC has no powers during the Investigation because either the IPC, CPC or Crpc has said that during the Investigation HC has no powers to interfere. But CPC & Crpc on the contrary has given inherent powers u/s 151 of the CPC & u/s 482 of the Crpc.

LD Members Are welcomed. Give me the case law as many as possible.

Thanks.

Anonymous   12 May 2011 at 19:09

misuse of 498a

We are facing false 498a, 406, 34. Police people arrested my brother without arrest warrant or search warrant as the IO is neighbor of girl. Next day police presented the boy before the session judge who sent him Jail for 14 days because he was annoyed with us as he asked to give the amount demanded by girl side, which was denied by my family. Before that event the same judge rejected my brother and his wife bail applications who lived 4 km away with 4 & 6 years old children. Our lawyer filed bail application for my brother in session court but still it was neither refused nor accepted by session judge. The judge has been giving one hearing after another. How to get bail for my brother. Is any solution to release him out from jail? Our lawyer says that judge used this method for 3 months. Please guide us. Thanks in advance.

Anonymous   12 May 2011 at 19:08

section 498a harassment

My brother in law is a doctor in Australia.He got married in India in 2009. The marriage did not work and since the girl was not willing to divorce, he filed a unilateral divorce case in Australia. The girl and her family filed 498a case against my father in law, mother in law my husband and myself in India.Meanwhile the Australian court has granted divorce in the matter.
On an average we stayed with the girl for a period of 40-45 days as majority of the period she was in Australia, and since my husband and myself both are employed we stayed for even lesser period.
The anticipatory bail petition has been rejected in the lower court . The last time we met the girl was on June 22 2010. I have a 1 year old child and arrest warrant has been issued against us. till now we have managed to evade arrest, but i want to know what are the options open to me. The lower court delayed the hearing for around 2 months asking for the case diary each time and postponing it for 6 times, which was deliberately denied by the police. What are the general practice followed for case diary to be presented in the court, how long can courts wait?
also since i am a government servant, my probation period has been extended and my seniority lost.
once the matter settles down what are the options open to me for filing a compensation case

Anonymous   12 May 2011 at 15:10

bail application

helllo all learned friends,
my client was arrested u/s 380 and 454 of ipc and he was remanded for the 2 days then he was presented before the jmfrc for bail the bail application was rejected by the jmfc stating reason that he is not a local residence of the place where the incident taken place and investigation is not completed the investigation is at the crucial stage
i challagned the said order before the sessions court pls tell me points of argument and also provide the citation regarding such type of bail application
regards

Anonymous   12 May 2011 at 13:14

CYBER CASE

Dear Expert,

I would like to have more information of sect 67 of IT ACT 2000, Decided cases.

if any one have soft copy of cases., please educate me on the subject.

Anonymous   12 May 2011 at 13:10

CHARGE SHEET

Friends,

Please explain me Charge sheet in legal terms.
Explain following:
1. after accused is prodcued to court and he/she got bail from the court under sect 67 of IT act 2000., with in how many time police department need to file charge sheet.

2. what are the content of charge sheet.

Anonymous   12 May 2011 at 12:57

sect 67 of I T ACT 2000 -- penalty/punishment

Dear lawyers,

Please updated me with penalty under sect 67 under I T ACT 2000 after 2008 ammendment

J.C.Mishra   12 May 2011 at 09:38

Disobeying court direction

Sir,
My relative has been shot by some miscreants when he was at his shop. Fortunately he got saved and the bullets hit his leg that arised due to some land related problems with the opposite party. He filed an FIR naming five accuseds and booking them under relevant sections of IPC and Arms Act. But the police arrested only 01 person and now the police has filed charge sheet on him only. The name of this man featured last in the FIR.But the main culprits who featured fin the top of the list are still roaming free because the main culprit is a worker of the state`s ruling party. On seeing this situation he filed an application under 226 in the HIGH COURT for a direction to the SP concerned. Court directed the SP to look into the matter and take action against the accuseds . After getting the order copy he immediately filed one complaint with the SP enclosing a photocopy of the order. 15 days have been passed from the receipt of the complaint from the office of the district SP but still the rest accuseds are roaming free and repeatedly trying to threaten my relative to withdraw the case. Please advice me what shall I do so that to the accuseds can be put in jail and in order to have a fair probe into the incident.