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Mayuresh Gujar   06 December 2010 at 23:30

cheque stop payment

sir

if a person who issued cheque , give notice for "stop payment" to that person in which favour he issued post dated cheque.

and after receving that notice, that person, in who's favour cheque was issued, he misused that cheque and file 138 complaint

what is the chances for acquittal in favour of accused?



pls tell me very soon

Pankaj Kumar   06 December 2010 at 19:59

Criminal Revision

where both parties are appeared in Criminal Revision before H.C,The H.C directed if the proscution witnesses do not produce the before the lower court the evidence should be closed.WHAT IS THE NEXT APPOINTED DATE? (1) H.C ORDER DATE,OR(2) DATE OF RECIVING H.C ORDER IN LOWER COURT, OR(3) DATE OF FIXED LOWER COURT

Anonymous   06 December 2010 at 18:19

sex with deadbody

Dear Experts what section attracts of if somebody sex with deadbody of a women. Is it come under section of Rape or not.

Thanks in advance.

Anonymous   06 December 2010 at 14:04

SUMMONS

What is the court procedure for preparation and service of summons? As per law does the complainant has any role in the preparation of summmons?If so relevant Act or rules in which the procedure is defined may please be intimated.

Member (Account Deleted)   06 December 2010 at 13:55

False 498A/323/504/506// What is the right time to appeal in HC u/s 482

Hi Experts,

I got married in April 2008 & started staying seperately from December 2008 and then MY wife filed false FIR against me in Feb'2009 in Ghaziabad u/s 498A/323/504/506.
I took "Stay on arrest" from HC Allahabad and as on today, investigation has not begun, I have never been called in P.S. to give a written statement against the above said FIR.
Please guide me when would be the right time to file a petition in HC for quashing of the FIR.
As of now, DV & divorce cases are in progress, which we both are attending regularly in Delhi. She has filed for divorce and I have denied all the allegations and hence, I am refusing for divorce.

R.SHAH   06 December 2010 at 13:34

contempt of court, not comiplied with order

in 498a case.

the witness no.3 on whom the judge has imposed fine for causing harrasment to the accused person and not giving deposiiton, should pay fine to accused persons for there travelling. witness has given in writing on next date i will pay, but he remian absent on following three dates continued.

on last date also the witness doesn't turn up for deposition and judge has drop his witness and proceed fruther with otfer witness in the matter.

Query..
can i file written appln. contempt of court, not complied with order against that witness, before same court.
it's possible to me to give in writing to court to take action against the witness.

anyone pls. advice on this regards.
an any case law on this point.

thanks

Anonymous   06 December 2010 at 13:23

Dowry Case

we are under a stay arrest from High court in a 498A, case and as per the order it says that the arrest of the petitioners is stayed until the mediation centre submits its report.
The mediation proceedings did not work as the other party did not attend the dates of mediation and mediation centre will be sending the case back to High court.

1.On the date of listing in High court will the stay of arrest vacate?
2. will we need to apply for regular bail in the local court?
3. Can the High court pass same day hearing orders as it has been noticed that sometimes the magistrates dont hear the bail plea on the same day resulting in arrest of the applicants?
4. Can the stay of arrest be increased upto filing of chargesheet by the High Court. As it has been seven months and charge sheet is not yet filed.
5.Will it be better to apply for applying bail when chargesheet is filed or before that. Is there a way that High court can extend the stay until chargesheet filing? as the other side may oppose the bail plea.

Please guide me.

MSC Shekar   06 December 2010 at 11:33

Concealment of Information amounts to Perjury

A Government Department has information regarding a revenue matter in two registers : Register A and Register B.

When in a Civil Suit, in the Written Statement they provide the information stating that the Plaintiff name is not in Register A without verifying Register B.

Here it is important to note that Government Department in the above information does not give clearly in writing that there is only one Register called Register A.

In this case concealment of information is clearly evident.

My question hence is "Whether concealment of information in the Written Statement amounts to Willful Perjury ?"

Kindly advise.

Thanks in advance

Anonymous   06 December 2010 at 04:22

suggest

i filed a civil case .the opposite party filed a writ petition against the police that they wern't doing their job correctly n got an order for investigation against us.ther r many conflicting statements in the reply ,writ petition ,and in the FIR done by him.what is the best way of dealing wid this kind of a situation.plz suggest.

Dawood J. Khatri   05 December 2010 at 22:51

Section 498-A I.P.C.

Can anyone give me the citation of the latest Apex Court Judgement or any High Court judgement in respect of S.498-A IPC to the tune that S.498-A IPC would not be attracted if the woman-complainant has been subjected to ill-treatment and cruelty without there being any demand for dowry or money or property from the husband or his relatives? Thanks.
D.J.Khatri, Advocate, Mumbai