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rajendran   11 December 2010 at 19:15

Petition under 156(3)

A assaulted by B,C,D,E and F with deadly weapon and sustained injury - she took treatment at government hospital for the period of 10 days and she dischraged. A lodged complaint before the concerned Police station. The Inspector refuse to receive the complaint and A sent Complaint before the concerned District S.P. No action. A filed Petition under 156(3) of Cr.P.C. after long adjournment the Learned Judicial Magistrate Passed order like " Complainant present Petition perused and forwarded to the Inspector of Police for necessary Action" The Counsel of the A made a submission to the Hon'ble Magistrate to directing the Respondent/Inspector to registered an F.I.R. and submitted the final report on or before a particular date. But the magistrate refused the same and she told that she has no power to directing the Respondent/complainant to register a case. Whether it is correct or not? Order of the Concerned magistrate is speaking order or not? what are the remedies available to A. If it is any relevant citation please

Dushyant Pandya   11 December 2010 at 15:46

found stick in car by police

Sir,

A person is in the business of logistic and dealing with different peoples. If he is carrying or having a hock stick or baseball stick in his car ever then it is an offence?

Please advice.

M. PIRAVI PERUMAL   11 December 2010 at 14:08

Protection of Women from Domestic Violation Act - 2005

I am moving an application under Section 23 of Protection of Women from Domestic Violation Act - 2005 for an exparte order ? Can any of our learned provide me judgements regarding grant of exparte order ?

Anonymous   11 December 2010 at 13:02

wife and laws?

dear all experts facts are as follows. i pray all with humble to guide---
1} wife has filed false police complaint 498a etc at husband town but not attending the trial. then maintenance claim with her parental town with pwda. all allegations are totally totally false with contradictions of her own signed statements i.e. date month year and false information of address of other defendant.

2} all the documentary evidences produced before trial court of maintenance claim of wife i.e. her own signed f.i.r. court attested copy which is full of contradictions what she has given in pwda statement for maintenance and along with all the documentary evidences of residences of other relatives of husband.

3} husband is ready to take her home along with child.

4} trial court has totally ignored the information provided by husband side party allowed interim relief to wife. and the matter is still going on for last one and half year.

5} because of court entertained the plea of wife following pain is suffering on the part of husband-

a. elder married sister is suffering to visit court her inlaws are tounting her

b. younger unmarried sister is suffering for her marriage proposals

c. younger brother is suffering for his higher studies.

d. old aged parent are suffering for attending two different court with body pain.

e. husband is suffering for all mental agony, economical losses of traveling for two different court process. even though he loves child hence he accepts wife with her cheating nature. but court ignores his life.and further court burdened him to maintain his wife.

6} court no where whispered that husband side is given so much evidences prove the falsely hood of wife and ignored the style play to extort money from husband and push them into jail with false allegations. both placed lawyers are advising wait for acquittal.

7} can i give compliant higher court against the bised justice with larger public interest to determine the accountability of justice who ignores the fact and documentary evidences and orders husband to pay wife xxxxx p.m.

8} if answer of above mentioned question is yes. then how can i process the battle against the court?

Anonymous   11 December 2010 at 01:21

Can a person be arrested without warrant or sufficient proof for theft in Karnataka?

Hi,

a) Can a person be arrested without warrant or sufficient proof for theft of material property like money or jewellery in Karnataka?
b) Can a person be arrested just on the basis of a FIR filed and can that person be brought in for questioning?
c) If the person can be arrested and brought in for questioning for how long can that person be detained at the station?
d) Can the person refuse to comment without the presence of a lawyer?
e) What is the maximum punishment for such an offence?

Thanks in advance.

ashish lal   10 December 2010 at 23:46

138 NI Act

Mr.A issued a cheque to Mr.B against debt and liability and the cheque was dishonored. Now Mr. B approaches an advocate Mr. C for consultation. Mr. C advices Mr. B that first he would send a demand notice to Mr.A on behalf of Mr. B and then if Mr.A does not pay the cheque amount within 15 days then he would file a complaint u/138 NI Act.Mr.A does not pay the amount and consequently Mr.B through Mr. C files a complaint u/s 138 NI Act [Vakalatnama included]

Now my questions are:
1. When did client advocate relationship started between Mr.B and Mr.C?
2. Can an oral contract replace requirement GPA/SPA?
3. How can a payee or holder due course transfer his right to demand for payment to an advocate through an oral contract?

Anonymous   10 December 2010 at 19:23

Notice U/S 138(2) of N.I.Act

notice sent U/S-138(2) of N.I.Act through Regd. post with A/D and it was returned unserved with postal endorsement " NOT KNOWN ". cognizence taken by court stating it is good service.
i) is it so ?
ii) whether cause of action arises if notice returned with remark not known?

Ria   10 December 2010 at 10:30

Police Compliant - Urgent

Respected experts,

I had paid full amount to the carpenter when I had ordered for making a furniture four months back.

However the carpenter is neither returning my money back or delivering me the furniture ordered.

please guide me as to under which section of IPC should I file a police complaint. And what is the procedure.

Anonymous   09 December 2010 at 22:59

n i act section 138

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 against your due ammount but due ammount not fix by party
in notice no mention due ammount against cheque receive by party .
my questation was notice maintainble?

Anonymous   09 December 2010 at 15:21

Financial Agreement

What should be Stamp Duty on a Financial Loan Agreement of Rs.27 Lacs in Mumbai, Maharastra. Was the Stamp Duty Rate same in 2002.