Anonymous
24 March 2011 at 13:58
A, B and C entered into partnership to do business. The firm was not registered. All A, B and C remained dormant partners, while their respective husbands D, E and F, conducted the business on their behalf. Husbands were being paid salary and were acting as employees of the partnership firm.
After about a year, E and F transferred funds of the firm in the personal account of B and using the clients, vendors and infrastructure of the partnership firm, have set up a new firm for doing the same business. Just A and her husband D were kept in dark.
A and D are taking civil action for dissolution and rendition of accounts against B, C, E and F.
What action can A and D take against B, C, E and F under criminal law. Criminal breach of trust, cheating, etc.?
Please detail what sections of IPC may be included.
rakesh sss
24 March 2011 at 12:22
sir ,
wife said she harresed by husband but during the period when harresed no dispute with us and we live happy married life togather but only problem was my inlaws.in this case she never live her inlaws.she said that her inlaws forse to harrese her at phone.in this case fir and statement in court is different like she said my father gave 4lacs and other side at court sh e said father gave 150000/- only.she admit that the fir written by her lawyer and she siged it
matoshree
24 March 2011 at 09:46
Oral allegations of handing over shares certificates to the person. Share certificates alwatys have certificate number, distinctive number but the coplainant does not mention any number.Complainant has also not mention the date on which certificates have been given and which certificates have been give.
Can charge be frame against the accused where:-
1. Oral allegation of specific security.
2. without mentioning the certificate number.
Anantha Sowrya
24 March 2011 at 08:44
The IO/SHO did not take any statement from the accused[me] in 498a case, except bail sigantures.
is it not mandatory, if so can we take any cognizance on the IO/SHO
please advice in this regard
B Guru Murthy
24 March 2011 at 08:28
Dear Forum
To defend my self in 498a case ...
Cell Phone Records before filing 498a case had with my wife, before filing the case
Bank transactions[money deposited when she asekd] before filing the case.
Can we file party in person CrPc 91 statment?
suggestinos please
MUKUL SHARMA
24 March 2011 at 07:48
my client bought a plot from mr.X. in sell-deed,seller shows another piece of land as way(raasta) to the plot.But he already sold that raasta as a plot to another person.How can I impose criminal liability on him(mr.X) for his fraud with my client.please indicate section of IPC.
Please reply quickly.
Thanks.
Rajesh Tandon
24 March 2011 at 07:24
This query assumes its importance in the light of the fact that a criminal case in the court of the law is pending against my previous tenant underNIA SEC 138 for dishonour of cheque or insufficient funds. Subsequently, I applied for the copy of a court order sheet, which I got and I have sent the same copy ( as a proof of summons issued by the concerned court) to the Department of my previous tenant (since he is a state government employee). I asked about this query from lawyer club of India as to what action can be taken by the department in this matter since a criminal case is pending against the individual. One of the experts have suggested that since no criminal FIR has been filed, the Department may not take cognizance of the same. Therefore, please clarify," should I have filed a criminal FIR also along with filing a criminal suit in the court"? Is there any provision for simultaneous action i.e. filing of criminal FIR as well as criminal suit?
Anonymous
23 March 2011 at 23:05
Trial is not commenced in the cheque bounce case under sec. 138 N.I. Act. The examination of the accused completed and posted for trial. The reply notice which is issued by the accused is misplaced wherein the transaction is admitted by the accused.
Anonymous
23 March 2011 at 22:50
Hi Expert, We have our relative inside the JC since Aug,2010.In Sept,Delhi High Court has ordered CBI to file the status report within four weeks.But they didn't. Recently on 10th March,the bail application was again not heard as the CBI/State was not ready with their files. Delhi High Court gives the date of July,2011 and also given final opportunities for 2 weeks to CBI to file the status report. And for bail Hima Kohli said that 7 months is not sufficient for bail.
My question is that if CBI will not file the status report in 2 weeks,then can this be useful to us in any case? Can we move the bail application as for early hearing stating this reason that CBI is careless and not taking up the orders of High Court seriously? What actually status report has?
Please advice.
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406 IPC after 498A
My wife filed a 498A charge on me and my family later the 406 charge was added. No one came to recover anything from me and neither to take any statements from me. Now the chargesheet is filed I got a copy of the chargesheet and found she has claimed ornaments that she already took with her. How would the charges be proved by her and how should I defend the same.