Jainodin shaikh
02 February 2011 at 21:11
Whats amounts to "SUFFICIENT REASONS" in contex with the section 204 of Cr.P.C.?
In other words, what the term PRIMA FACIE CASE means in connection with private complaint?
[the definition of these two concepts are not given in Cr.P.C.]
(please provide some resent/lattest case law on this point)
Thanking You!
Anonymous
02 February 2011 at 20:23
Sir,
We have filed one cheque bouncing case u/s 138 against one party in city civil court. The judgement was delivered against us in the court on 13-01-11 and the accused was acquited.
But till today we have not received the said order in our hand.
I have following 2 querries :-
1.) Whithin how many days we can file appeal against the said order & in which court.
2.) How we can proove that we have received order in our hand late.
Kindly reply on both the querries.
Regards.
amulyavidya
02 February 2011 at 19:42
What should an SHO of the Police Station Do When A Complaint For Adultery has been received. how should he proceed with the complaint.
Anonymous
02 February 2011 at 19:13
im choudari, complete my mca.i have case in 323,324 section , how solve the this cases. plzzzzzzz help me .
Amit Minocha
02 February 2011 at 14:34
In one of my cases during cross examination, the complainant is giving vol stmnt after every question and stating those facts which were neither in complaint nor his evidence and have come first time out of his mouth as vol. stmnt in cross examination only. The Court is also recording all such stmnts.
What is the relevance of such explanations as VOL when the stated facts were not disclosed either in complaint as well as in evidence both. Is it not beyond pleadings and concealment as well as confrontation of complaint and his stmnt in evidence. Are such stmnts as vol admissible in this way ?
Anonymous
02 February 2011 at 09:44
sir, please tell me some resent rulings relating granting of bail in dowry death case.
The Only One
02 February 2011 at 01:19
My lawyer has cheated me, misled me & taken advantage of my faith & trust in him. He first charged Rs. 55,000 for me for a criminal cum civil case against 2 fellow professionals (including a senior) continuously harassing me in my company for 2 years leading to a lengthy health breakdown for me from stress at work. My lawyer also asked for 20% of final award received by me as part of the fees. He was referred by a friend & being my first time with legal system I had no knowledge of prevalent fee structures & trusted him to be a good man & never questioned his intentions accepting his fees without any negotiation or even a single question. Till now, he has only filed the complaint in court with most non-technical knowledge (100% cut-copy-paste of my own words). Later on I realised going rate for such a small case for such a lawyer is only Rs. 5,000 - 10,000 in the District court and that as per bar council rules lawyer can only charge equivalent amount to other lawyers of his standing, not more. Also, that asking percentage cut on reward as fees is not allowed for lawyers per bar council rules.I was shocked and hurt to know that but kept quiet waiting for the right time. After sometime I decided to withdraw the case as I did not want to upset things at my work-place & asked him to refund the Rs. 55,000 minus the case filing charge which should be very small, as per bar council rules. He pointed out that in the receipt he had sent me via email he had mentioned this amount is only for initial filing & consultation and hence since filing is over the money is exhausted and there is no refund since he is also losing out on the percentage part of the deal. I never expected this trick from him - consultation charges according to me meant his services for the whole case because I did not expect him to be so sly when he had issued me the receipt and no one can believe a simple filing of case could be worth a huge amount of Rs. 55,000. Pl suggest - how is it justified for him to charge such a huge amount only for a silly filing which hardly required any efforts from him (99 percent document drafted by me), the case has not even started and the offending parties not even notified. Complete cases are done by similar lawyers for less than Rs. 10,000, this is only very initial filing. Also, fees as percentage of reward is not allowed and I have proof that he asked for it on email. He also asked me on 2 different occasions for bribes for police and reader for my case which I refused or ignored. He also did not get a power of attorney signed with me before the case and has taken action in the case unilaterally without my consent in court like asking judge to go ahead with police investigation (which is now underway) when I was actually planning to take back the case & had asked him to wait in court for me to accompany him to the court which he didn't & gave wrong instructions to the judge when he should have waited for me to listen to my decision. Now he is asking for huge money of Rs. 12,000 as bribe for the reader if I want to take case back and reverse the investigation. How can I press charges against the lawyer for cheating me, taking advantage of my trust and gullibility, for breaking bar council rules of conduct for lawyers and corruption charges. Any one would agree that Rs. 55,000 for a small thing like filing a case (where 99% wordings in the 10 page doc are mine) is a total rip-off and farce/big joke!!! Hope to know from you how to get back my money and get serious action done against the cheating and corrupt lawyer. What could be the options - complaint against him to bar council (but would that recover my money?), FIR or case for cheating against him in court, etc.? Pl advise. Thanks a lot. I am more hurt by his taking me on a ride despite the 100% faith I put in him as my own brother than the money, though the money rightfully is mine.
Anonymous
01 February 2011 at 21:44
R/Members
I belongs to Rajasthan and i was married in Punjab,presently i am living in Haryana.My Husband is living in Australia,when i lived in my matrimonial house in a shared house hold i was tortured by my Husband and in laws,later on my Husband and in laws left for Australia,they even threatened me from Australia telephonically while residing in Haryana.Now i want to file a complaint us 498 A/506 IPC .is it possible in view of territorial jurisdiction.My domestic violence complaint is pending in Haryana,bcoz domestic violence complaint is maintainable where wife even temporarily residing.Kindly tell me,in this case threat was given to me from Australia telephonically in Haryana .can i file 498 A/506 IPC in Haryana or not. (where i received call)plz help
Adv B.B.Gambhir #9814820602
01 February 2011 at 21:42
Dear brothers,
Neeru filed a petition under section 125 cr.p.c against my client rishipal in the year 2003. my client did not turn up so he proceeded against exparte in 2006 hence the petition finally decided in favour of neeru and court granted maintainence @1500/- p.m for neeru and her minor daughter. the execution for maintainance is pending in the court. but in the year 2007 rishipal become blind he is not earning anything. the application for seting aside exparte decree has been dismissed already. application under section 127 cr.p.c is pending now the court is saying either to pay the maintainance or i will send your client in bar. my question is what should we do to save my client to sending into jail as he has no money to pay. kindly suggest me.
thanks
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