Anonymous
24 January 2011 at 16:48
On Saturday,local news papers published that all offenses which are less than 7 years are baillable at PS, inclusive of dowry cases.
Can experts suggest how to obtain bail at PS for dowry case?
namrata patil
24 January 2011 at 11:58
We all know Using Pirated Software is Crime.. But can anyone guide regarding Auditor Duties if the Client is Reputed Trust and is using Pirated Software.
Anonymous
24 January 2011 at 11:43
Sir,
Prisiding Officer MACT court given a order as under Fresh DAR require for FIR no. 33/09. I am not under stand the meaning of DAR.Please explain the Meaning of DAR.
V. Ramakrishna
24 January 2011 at 11:22
This ref. to my query posted on 23-1-2011.
I thank all adv. who posted their expert info .
For purpose of keeping the query brief I have not dealt on details , here I am evening add. points .
1) The present compliant was field on the basis of both notices dt 28-8-2003/15-9-2003
marked as ex.P4 and ex.P6.
2) In the notice dt 28-8-2003/15-9-2003 ,,
In the compliant copy ,In the proof affidavit, In the written counter arguments,IN spite of my strong rebuttal of presumption of debt or any legally enforceable liability , the Complainant has not given any facts before the court to support his presumption ( as per several l judgements of the S.C.) NO witness produced .Further states " Issuance of the cheque itself is conclusive proof of the liability of the accused "
3) Further states on the basis of notice dt 31-7-2000,, a criminal compliant was field at m m court , chennai, and the same got dismissed ( no ref.given)
4) Further states I issued a fresh cheque
993447 on 12-8-2003 for rs 47000//( this is a blank cheque misused , I have got my Bankers proof the sl.no. of the cheque was from my Bank a/c operation during 1996-97)
5)The present compliant was field on the same m m court , giving all above details .for dishonor of cheque no 993447
dt 12-8-2003/for rs 47000/
The only weak "evidence " the compliant got ( marked ex.P8) is my reply dt 14-8-2000/ given for notice dt 31-7-2000
assuring settlement of rs 25000/ within 30 days subject to my making funds ready
The cheque amount ( filled by the Complainant as stated by him is Principle
rs 25000/plus interest .( no proof that I have assured him to pay Interest as per my reply letter dt 14-8-200)
Further the cheques are from my pvt ltd company , I am the signatory as Director of the Company
Further sec 141 of Act has not been complied by the Complainant in his notices ( as per several judgements of S.C.)
IN the light of above can I get ref to S.C. judgement in getting the case dismissed ??
Regards
Ramakrishna
meenakshi chauhan
24 January 2011 at 00:17
One of my relative is living in my property mere as a licensee. i am conveyance deed holder of this property.
He took one electricity connection in my said property by showing some old documents which have no role now after i had the conveyance deed of this said property.
he didnt take my NOC to take the connection, neither informed me before taking the connection. and also didnt informed the electricity department that now this property belongs to me.
he did the same with water connection? took one water connection without taking my NOC, and without informing the department about my ownership of the same property.
can i do any criminal proceeding against him?
Vinoba
23 January 2011 at 23:53
Sir,
I would like to know about the current position of law on the following facts.
My client 'A' has issued a blank undated cheque in favour of 'B'during the year 2005 for repayment of loan availed by her. Subsequently my client had repaid the loan amount and demanded 'B' for the return of the cheque issued by her. 'B' claimed that the cheque is in possession of his son-in-law 'C' who is residing abroad and that he would return the cheque after his son-in-laws return. In the year 2005 itself 'B' has also executed a Deed of Undertaking in a stamp paper stating that he is in possession of the cheque issued by my client. Therefore my client left the matter as it is. After a lapse of around 5 years, 'B' has filled the blank undated cheque issued by my client in the name of one 'D' and had presented the same as if it was drawn for a huge amount during the month of December 2010. My client swiftly acted and gave stop payment instructions to the bank and lodged a complaint against 'D' before nearest Police station. The Police authorities had closed the compliant stating that it was civil in nature. Now I have preferred calender case as against all the three i.e, 'B', 'C', and 'D' for cheating and other offences. Now the query is that the magistrate is hesitating to take up the case on file stating that there is a presumption against my client under Section 139 of NI Act and therefore a seperate compliant is not maintainable. I want to know is there any precedent on this point to support my case.
Vinoba.L
Advocate,
Pondicherry-08
param
23 January 2011 at 23:34
376,420,313, 511,120b. ..falsely implicated with the help of > pathankot police(DSP karamchand(rural) corrupt official) > > my wife has taken divorce on 17 july 2008. > > she again came back in june 2009 and started living with me at > hyderabad ,her tickets were booked from by brother credit card,he is > govt. servent > > whereas my parents resides at punjab and brother at different place. > > she left my house on may 2010 for her brother marriage and didnt come > back. > she informed me that she was pregnant after few days of reaching > therer parents house. > > expected date of delivery was jan12--2011. (yet to deliver > baby......till today.) > sex determination is done after 3months of pregnancy whereas when she > left my house ,no clue was there of baby. > > now she lodged a complain FIR against our family for rape(pretext of > remarrying and abortion without her consent) > > 376,420,313, 511,120b > > Plese suggest how can i save my entire family can i go for quashing as the entire event of series happened at hyderbad.............while case is registered at pathankot.
Anonymous
23 January 2011 at 22:23
Sir
I am representing the wife in a complaint us 498A/420 IPC etc.Facts of the case are as ,Husband and his parents who were settled in abroad came to India and husband performed marriage in 2005 with my client by misrepresenting her that after marriage he will take her to abroad alongwith him,wife believed him and give her consent for marriage and parents of girl also spent a huge amount in marriage,lateron after marriage and a stay of 2 month in India ,husband and his parents left for abroad leaving his wife in India and refused to accompany her and also harras her for dowry,husband never came India thereafter,now i filed complaint us 420/498A etc.I want to know in given facts section 420 IPC attracts or not,kindly suggest.Thanx
vinod bansal
23 January 2011 at 22:09
R/Experts
My complaint uss 498 A/420/406/506 IPC was sent to police us 156(3) crpc for registration of FIR and investigation,i want to know,police can cancel this FIR later on during investigation on the ground of jurisdiction as I.O.is demanding bribe from my clients by saying that he will recommend this FIR for cancellation as offence was committed in the jurisdiction of another state(Though it is not correct)i want to know further that if A FIR is registered in police station at place A and offence was committed at place B,than police will cancel the FIR or will transfer the same to the conceren police station of Place B.Kindly advice.Thanx
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compromise in non compoundable offence
A PERSON HAS BEEN CHARGED WITH OFFENCE 377/511 IPC, THE VICTIM IS MINOR ,THE STATEMENT OF THE FATHER OF THE VICTIM U/S164 HAS BEEN RECORDED IN THE COURT.THE MEDICAL REPORT IS IN FAVOUR OF ACCUSED.NOW THE CHALLAN HAS BEEN PRODUCED IN THE COURT BUT BOTH PARTIES WANT TO COMPROMISE ,IS IT POSSIBLE TO COMPROMISE IN NON COMPOUNDABLE OFFENCE AT THIS STAGE? CAN ANY ONE PROVIDE SOME CASE LAWS REGARDING THIS,PLEASE,THANX.