Praveen Singhal
07 January 2011 at 17:42
My question is related to interim maintenance under section crpc 125.
Lower court had decided Rs 5000/- as interim maintenance. IInd party had filed a revision to enhance the interim maintenance on the ground that the decided one is very meagre. On the basis of unauthenticated copy of bank statement of my salary account - session court enhanced interim maintenance to Rs 17000/- pm.
Further i went to high court on the ground that the decided interim maintenance by session court is beyond its jurisdiction - IInd Party should file application under section crpc 127. IInd ground - unauthenticated copy of bank statement.. For the time being high court has lowered interim maintenance to Rs 10000/- pm.
My Qs are - 1> Should i move to supreme court to revert to Rs 5000/- pm ? 2> Whether the application can be filed by IInd party under 125 revision to enhance interim maintenance ? 3> Has session court has jurisdiction to enhance??
jyotsna
07 January 2011 at 16:12
Our is a finance co. one of our borrower issued a security cheque now th said borrower is expired his son is paying the monthly installment of the said loan amount if we deposit the said cheque of the original borrower if its gets bounced can we initiate legal proceedings u/s 138 of n.i. act against the son.
or
suggest any other remedies to prosecute the son?
saurav
07 January 2011 at 14:02
can a magistrate order voice sample under 311 crpc ?
Anonymous
07 January 2011 at 11:47
I am an accused in a matter in the Metropolitan Magistrates Court. The cross was closed by th Metropolitan Magistrate due to regular absence of the complainant, the complainant approached the upper court (Sessions Court)for revision of order, the following order was passed by the upper court
"The applicant/complainant is permitted to adduce evidence and continue with the cross-examination subject to the condition that, he shall positively remain present on the date fixed by the Trial Court for the evidence, I case of his default, he shall not be permitted to adduce further evidence in the trial"
"The applicant/complainant shall pay cost of Rs.2000/- to the respondent no.1/accd."
Now within 6 months of the above order the complainant has been absent twice for hearing, what is the possible course of action against the complainant.
Thanks
Anonymous
07 January 2011 at 11:07
Dear professional, Our Company has filed two cases against the other company (accused). One is civil recovery and other is Cheque bounce case. In civil matter is before the Liquidator.
Criminal complaint filed in 1996 against the accused, till date party is not traceable. Now we came to know that party is outside the county and living with joy after committing much fraud in country. Last week when matter came before the JMFC court the Hon’ble court rightly urged that either provide the new addresses of accused or withdraw the complaint otherwise being a old matter will be dismissed.
At this stage I want to know the procedure to get the accused, who is out of country. In this regard even we do not know the accused is in which country.
Shall we make the party to bank (whose cheque bounced), ROC of concern area under which company was/is registered. Please suggest instead of withdrawal of dismissal what will the effective step to get the justice. We are to take any step for justice instead of withdrawal and dismissal.
R.SHAH
07 January 2011 at 09:19
dear sir,
can it be possible to file compliant in police station against the information / complaint letter file before commissioner of police by my father in law, stating falsehood and asking actions to be taken against me on 2005. after that FIR lodge against me n my family u/s 498a,406 etc...
the trail of said case is pending before JMFC and on nov.2010 the hon'ble judge has drop the witness i.e. father in law after giving chance to deposed for april 2008 to nov. 2010 but he comes with excused n so on. after imposing fine also and last warning be given and thereafter again summons issued to him. upon his conduct judge order for drop of his witnessing.
i kept waiting for long time as he should come and deposed so i can take actions on his falsehood, but knowing well his falsehood to the police departments and false letter to them would trapped him.
what he stated in his letter / complaint to commissioner n police stn. i have that letter certified copy taken from court and deposition of her daughter and wife in court and his statement on chargesheet. but he has not deposed before court what his in that false letter/complaint, that statment was not deposed be hre daughter n wife amount to xyz amount n gold was theft by me. on this ground can i file complaint against him that false complaint letter were made to concern department against me.
kindly advice what course of action of mine be in proceeding to file complaint.
and to whom i should make complaint. as the matter 498a is pending before court.
your valuable advise would highly appreciated.
meenakshi chauhan
06 January 2011 at 22:58
How many days are provided by the court to Police to file the charge sheet in court after the arrest of accused? 60..?? or 90..??
FIR registered under sections 420, 467, 468, 471 and 120 B of IPC.
Anonymous
06 January 2011 at 22:36
we had filed Criminal writ petition in Allahabad High Court for Quashing of FIR in a 498A case and the HC granted stay of arrest and refereed the case to mediation. The other side did not turn up on any mediation date. Now the case is about to be listed in HC where the court would not have option to quash the FIR.
Is it possible to get stay arrest from HC until trial conclusion which would mean we can appear before trial court without any requirement to apply for regular bail and the trial can continue simultaneously.
Please share any such order if this was passed by HC in any case before.
And is this possible and can we try for it.
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138 of N I Act
Dear Experts,
I have filed a complaint U/S 138 of NI Act it is now at arguments stage. Tenant has issued cheque to land lord which was bounced due to insufficiency of funds notice was served to the tenant and complaint was filed Counsel for accused has raised point in arguments that the notice was not mentioned in complaint. it is correct but the same was mentioned in the affidavit filed with complaint and copy of notice and acknowledgment was exhibited.Now the JMIC is asking for law on this error.please help me with some case law and i would like to know that can he dismiss the complaint on this ground that the notice was not mentioned in complaint