Anonymous
08 December 2010 at 10:03
whats the process of filing chargesheet. I have been charged in a 498A case and police is yet to file the chargesheet.
I havent been communicated by the police for taking any statements or for any investigation. will the IO need to take my statements or they can simply file the chargesheet without any investigation from me.
This is a interstate case the case being filed in UP and I belong to Haryana for investigation will the police ask me to attend at the police station where FIR is filed or they need to take permission from the local police station at place of my residence.
Anonymous
08 December 2010 at 01:39
my grandfather was a land-lord.he made devlopement agreement with a builder for his property.withought his consult builder took some amt. from 8 person & signed document.builder not completed building & ran away.after police inquiry case ragistered in 2004 in which my granfather also charged as a AAROPI along with other three.Builder died in 2006,This case is still not on board for hearing & complaintent are not coming to court since last 5 dates.pl. advise me can we get relief.case is filed on cbcid economic cell vs builder & others
Anonymous
08 December 2010 at 01:37
my grandfather was a land-lord.he made devlopement agreement with a builder for his property.withought his consult builder took some amt. from 8 person & signed document.builder not completed building & ran away.after police inquiry case ragistered in 2004 in which my granfather also charged as a AAROPI along with other three.Builder died in 2006,This case is still not on board for hearing & complaintent are not coming to court since last 5 dates.pl. advise me can we get relief.case is filed on builder & others vs cbcid economic cell.
Anonymous
08 December 2010 at 00:00
I had bought house in Nov 2008 on heavy deposit in Mumbai till 31 Dec 2009 which I initially wanted to purchase
In June 2009 OP proposed for sale the house as he was not in a position to repay the deposit amount. And we were supposed to finalize the payment till 31st Dec 2009. The heavy deposit amount was adjusted with the finalized amount. The payment was supposed to be done in two installments the First installment in Aug 2009 and Second and final installment in Dec 2009.
On the first installment the MOU was prepared but he only signed the receipt with title which read as follows “part payment for transfer of the said flat” he wrote on the receipt “received the payment against the said premises flat” and told us that he would sign the rest MOU after consulting his advocate. But for our satisfaction he approached verbally to the chief promoter of the proposed society and got the maintenance receipt transferred in our name. Giving wild excuses he managed to get away with his obligation of signing the rest MOU till March 2010.
Suddenly on 3rd March 2010 I received a call from the police station saying that why was I not vacating the possession of flat. And he lodged a complaint. the OP put allegations against us that we had stolen his A/C ,gold ornaments and done “gharfodi”, and also transferred the maintenance receipt of the proposed society in our name along with electricity bill, telephone bill, voter Id card and ration card. On 30th March 2010 I filled a Civil Suit for specific performance with the Bombay High Court. In our Suit, the Police Station was a party including the OP. In our third order the judge removed the Police Station. On 31st March 2010 the OP filled an FIR against us with IPC sections 420, 427, 34,506.
In the month of June 2010 the OP filled the writ petition of mandamus. The filled WP was against state of Maharashtra for directing them to investigate against us. To which we were not made party.
I was arrested in Sep 2010, the investigation was carried on, I was released on bail and the charge sheet was also filed by the IO.
My question are as follows
1) There are many contradictory statements in the FIR, the WP and the Civil Suit reply .
2) There are almost all signatures in the FIR, the WP and the Civil Suit relating to the OP is different as though they do not belong to one person.
3) At his convenience he accepts and denies the MOU. he at one place he says there was no MOU and at another place he accepts the first heavy deposit MOU and denies the second transfer MOU. he agrees that he took the money as it was all through pay order but says that he has not done any signatures
4) Please suggest what shall be my next step and further precautions that should be taken by me.
5) Defamation should be resorted by me in which way, and how much.
a.Please help as I am totally stuck up and can’t see any way out of this although I have good reasons to sue him .please suggest the best way I can make use of his contradictions in the FIR, the WP and the Civil Suit reply submitted by him to get myself out of this and that man never thinks of ever repeating this kind of malicious activity..
syedjahidabdullah
07 December 2010 at 17:04
i m an advocate, need high court citation for defence on s447 ipc
Anonymous
07 December 2010 at 15:57
Our Society members have filed a Criminal Complaint against Committee Members and Developer in Magistrate's Court which has been admitted by the Magistrate, stating in his order that there is a Prima Facie case made out against them u/s 420, 419, etc.
In a related Civil Case, the Developer has obtained an order from the High Court confirming that the Agreement entered into by the Committee Members and the Developer is valid.
The Committee Members and the Developer have now filed an application in the High Court requesting for Quashing of the Criminal Proceedings based on the Civil Case.
What are the rules and pre-conditions for the High Court to Quash Criminal Proceedings in the Magistrate's Court ? Are there any precedents / case laws which we could refer to ?
Anonymous
07 December 2010 at 12:06
In 138 Ni Act i win the case but dont understand 55,000/- and 6 month punishment given to the asccuse I Want to know this punishment is cancel only in my hand or his
Anonymous
07 December 2010 at 10:50
Dear Expert,
My husband hack my gmail and yahoo email account. Change the password and other thing.
In email some proof of my past relation. Can I case against my husband.
Regards
R.SHAH
07 December 2010 at 09:50
Dear all,
in my case my wife (who denied my muslim divorce) and obtain faourablr order in Conjugal rights suit of her prior to my divorce and after divorce 498a filed.
in conjugal rights she suceess in obtain interim injunction order on my flat(matrimonial house)i.e, not to disposses her and not to sold.
she also filed 125crpc for maint. and awarded the maint. from JMFC court as a legally wedded wife of mine, and also success in making my divorce was illegal and invalid as per law. and she was legally wife of mine.
I filed cri. rev. against JMFC order in session court and after 5 months my cri.rev. appln. she filed execution proceedings u/s125(3)crpc of maint. awarded in 125crpc.
during cri.rev.appln. in session court she appeared on 20/2/10 after i got stay in execution proceedings from session court. on 20/2/10 she filed affidavit and memo of address i.e i m legally wedded wife and staying at matrionial house of mine.during revision appln. many small order day to day was given upon my appln. for status quo of stay order on distress warant.
on may i filed written argument and she also filed wrtitten arguments and on june oral argumnts from both side and 22 june 2010 my rev. appln. came to be dismissed and JMFC court order was confirmed.
session court consider her on basis that, she deposed that she has not remairred yet and have further span of life, hence she has not remairred yet i confirm the JMFC order of maint. to respondents.
But, during this cri.rev. she got married on 27/02/10 but concealed this true facts and obtain the judgemnt in her favor. and executed the proceedings of recovery of arrears amount, which is then transfer to district family court (was established)and continued with that session court judgement for recovering arrears of stay amount and also issued distress warant on oct2010.
recently i came to know that she got remarried on 27/02/2010 and hide this facts before court i filed cancellation of maint. order in family court. after knowing this facts on very next date she file appln. in family court seeking recovery of arrears amount upto her married date (which is lesser amount other than recovery distress warant amount). i mentioned to judge after our filing of appln for cancellation maint.order and she informing after 9 months to the court between she has taken so many steps in proseeding.
she also get rejected my maintainablilty appln. of conjugal rights suit on grounds of divorce on march 2010 in civil court(s.d,) by opposing i m legally wedded wife and divorce was invalid. and on july 2010 she filed affidavit and deposiiton in-chief examination in civil suit for final hearing /evidence. and in this court on NOv2010 she admitted her remairred on 27/02/10. hre father was knowing all this facts as he also accompained with her in court for receiving maint. amount. during execution proceddings our matter is refered to mediation centre where also she doesn't disclosed her remarried and press for recovery of amount in arrears.
kindly advice me can i file private complaint against her, her father and mother. u/s 209 & 210& 417. as order was obtain by suppressing and concealment of true facts which amount to fraud and cheating with me.
if she admit divorce now on 27/02/2010 then why she not accept it on 08/12/2005 and carried out all cases on basis of legal wife. and obtain many favourable order into her favor.
is the 209,210 & 417 ipc are extracts the offence as per my say above.
and her parents are eqaully guilty for offence, bcoz all this facts were within there knoweldge.
kindly adivces to me and relevant IPC can be attracted. and yone have private complaitn fromat.
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punishment
I am complainant and my query is accuse is convicted in 138NI case and he got 6 month punishment. Accuse required my permisssion for cancellation his 6 month punishment. And one more thing accuse is convicted can i give news in news paper and media is it possible