Member (Account Deleted)
10 January 2011 at 16:34
IF SOME RECORD IS POSSESSD BY SOME ANOTHER OFFICIAL,WHO IS NOT A PARTY IN THE CASE, CAN WE PRAY BEFORE COURT UNDER SETION 91 TO DIRECT HIM TO ATTEND AND PRODUCE THE RELEVANT RECORD?
Anonymous
10 January 2011 at 15:01
1)क्या यू पी में किसी व्यक्ति के गुम(Missing)हो जाने पर कार्यवाही करने के लिए अलग से कोई सेल(Cell )या स्क्वाड(Squad) है?या सामान्य(General Police Station) थाने पर उसकी सूचना दी जा सकती है?
2) अगर कोई व्यस्क पुरुष (Adult Male) किन्ही लोगों के साथ, घर वालों के सामने गया हो और वह 10 -12 घंटे तक वापिस घर ना लौटा हो तो इसे क्या "गुम" हो जाना माना जायेगा?
3) और क्या उसके गुम हो जाने में उन लोगों का हाथ माना जायेगा, जिनके साथ वह गया था?
4) और बदकिस्मती से वह व्यस्क दोबारा कभी ना दिखाई दिया हो तो क्या जिनके साथ वह गया था उन पर 364 IPC का आरोप लगाया जायेगा?जबकि उसकी लाश तक भी ना मिली हो?
5) गुम हो जाने की सूचना क्या FIR मानी जाएगी?
यह मैंने हिन्दी में इसीलिए लिखी है क्योंकि हिन्दी बेल्ट में अन्य राज्यों की अपेक्षा अलग ही कानून लागू होते हैं और इसकी सही जानकारी किसी यू पी के एक्सपर्ट को ही हो सकती है.कृपया मेरे हिन्दी में लिखने का अन्य मेरे नागरिक भाई बुरा ना मानें.हिन्दी में लिखने के लिए उनसे क्षमा चाहता हूं.
कृपया मुझे परामर्श दें.
Anonymous
10 January 2011 at 11:58
CASE IS PENDING SINCE 1994.THERE IS NO DISPOSAL TILL TODATE. ACCUSED IS 76 YEARS OLD AND CAN PLEADS GUILTY FOR SUPERVISORY NEGLIGENCE ONLY.SHOULD HE GO FOR PLEA BARGAIN. PROS AND CONS OF PLEA BARGAIN MAY BE APPRISED.
navin
10 January 2011 at 08:44
Respected sir,
what is the meaning of anti Domestic violence case
what is the use of it
can my lawyer apply for this case when domestic violence case is going on
thangyou in advance
Anonymous
10 January 2011 at 02:49
sir, now i am appearing for a case for a woman charged u/s.306 of IPC
Fact: Accused's brother's wife (sister-in-law) committed suicide by pouring kerosene & firing in her body due to wordy quarrel with the accused.She also deliver the dying declaration in the hospital and recorded by the magistrate and in declaration she confirmed the name of the Acuused in the dying declaration.and then she alived for two days and she died.
essentially the police fies the FIR u/s.309 and after her death section 309 is altered to 306 against the acuused.
But the real fact is that deceased have habbit of consume liquor. on that day also the deceased consumed liquor, her husband and sister of her husband quarrled about her regarding this habbit.but in the alcholic stage she beat her husband and her husbands sisiter.Then only her husband's sisiter quarrled her with bad words after that she committed suicide.but consemption of liquor is not reflected in the PM report.
In this matter District court of puducherry granted Anti-bail to the accused on the ground that the accused is a women and aged about 50 years.But this case was put for the Trial.....
Sir my question was whether all the witness are ready to hostile but the accused name was reflected in the Dying declaration. sir suggest any judgement or citation in favour of the accused and against this dying declaration or any other suggestion for acquitting this case.
Anonymous
10 January 2011 at 01:33
Dear sir
i have receive notice of n i act section 138 from party due ammount not fix by party in notice. party only say in notice i collect cheque againstyour dueammount but due ammount not fix by party
in notice no mention due ammount against cheque receive by party.also mention cheque ammount
my questation was notice maintainble?
Anonymous
09 January 2011 at 21:22
A Non Resident Indian has booked a flat with a reputed builder and has availed housing loan with the Bank by entering Triparti agreement. Subsequently, the banker has paid 90% of the loan and receiving the Pre EMI's from the above person.NRI has deposited the Post dated cheques with the Banker. Since the builder has failed in fulfilling its obligations, the above person has cancelled the unit. Builder informed the NRI that it will refund the amount shortly and the said fact was communicated by the NRI to the Banker and requested them to not to present the cheques available with them as the builder accepted to pay the amount covred under the tripartee agreement and also received a reply from the banker acknowledging his intimation but, the Bank has presented the cheque with his banker and after dishonouring the cheque it has issued notice under Section 138 of NI Act.
Queries:
Can the Banker present the above mentioned cheque when it was specifically pleaded to not to present the cheque.
Is it will attract the provisions of the Section 138 N.I.Act.
I am requesting you to pass on the latest supreme court judgements covering the above issue.
R/Experts
is it permissible to file a challan under sections 420/406 IPC against a single accused.In this case allegation are of cheating only,there is nothing regarding breach of trust.
Anonymous
09 January 2011 at 19:17
Respected experts,
Ref my query on 07/1/11.
Reproduction of original query as asked.
Initial query:can zerox copy a legal notice be send to the main addressee by other than
lawyer?
REPLY by experts:legal notice can only be send by a lawyer that too original one with real signature of lawyer.zerox copy as an evidence
to court or elsewhere.my present query relevant to original one:
here main addressee is my friend & sender credit card division of a bank as their usual
practice of frightening the customer.can legal action be initiated against the bank
for sending zerox copy of the notice to the main addressee against law? whatever
subject matter of the notice is irrelevant
to this illegal act by the bank.pl.suggest.
Regards
Cheque given after one month of delivery of training?
I use to deliver tuition to students of Maths.One of my student left attending my classes one month ago without paying my fees.
On continuous pursual he issued me a cheque of current date which bounced.
Now there is gap of one month between delivery of services and issuing of cheque for that liability.
Can file a case,would not this fact go against me in the court that why he issued a cheque after a gap of one month,if he was not willing to pay etc. or some other technical fault may hinder my way of recovery or not?
Please guide for civil and criminal both options.