Advocate.S.A.Siddiq
17 October 2010 at 16:31
In Sub- Divisional Magistrate Court( in Tamilnadu RDO) ,before 9months case filing u/s 133 Cr.P.C for removal of drainage and keep clean environment .
The SDM also visit the spot and taken the measure of unconditional environment. But still not pass the any order to concern municipal authority. And also reported the Divisional Magistrate (Dist Collector) in this stand,
what we can take further step ?
Anonymous
17 October 2010 at 15:51
What are the steps involved in the trial of complaint case in which court took cognizance u/s 323 r/w 34 IPC only on the basis of private complaint filed? At pre-summoning staze, complainant got examined some witnesses mentioned in the list of witnesses. Can he call additional witnesses who are not present in the list of witnessess?Whether the witnesses of the complaintat during such trial are cross examined threee times i.e at pre summoning staze,before issuance of notice and after issuance of notice? Certain defence documents with the help of which I want to cross examine complainant's witnesses are in the possession of third party( Police, mobile operator etc.. How can I get the same and at what staze? There are no injury in the medical examination of complaianat though MO has mentioned simple injury without giving the reasons. However there are simple injury ( bruishes, tenderness ec)in my medical examination report. Will this be of any help? I have cerain recording made by me wherein complainant abused me in public and threatened to entangle me in some case. Should I use the same in my defence? There is one civil case pending between me and complainant. Further, police had earlier made kalandra against complainant u/s 150/107 though subsequently he was discharged. Should I produce the aforesaid in my defence? What is generally the fate ofsuch petty cases? I am much worried being a govt servant. There is no chances of compromise
Anonymous
16 October 2010 at 22:51
One Housing Society advertises through webpage advertisement about their property that they intended to sell, saying that there would be a roof top multi-cuisine restaurant over the residential building and after the project is completed, the society shall help the Resident Welfare association to generate rentals by offering the accommodation to tourists.
Housing Society Chairman dishonestly induces a buyer to register in the scheme saying that bank loan is available through a PSU Bank to avail finance.
On submission of loan application, buyer come to know that Housing Society has projected the property as 'purely residential', and accordingly the project documents with approvals of Restaurant and Formal permission to host tourists were not submitted to the Bank.
On realizing this, buyer asks Society to submit the documents of Formal Approvals of Restaurant and to legally host the tourists to generate commercial rentals, such that after verification of the truthfulness of the project further money can be paid by the buyer to buy the property.
Since Housing Society did not have the formal approvals as asked by the buyer, the society on some pretext that bank Loan was not available and that buyer did not pay installment in time, returns the money to the buyer canceling his registration after deducting Rs 5000/- and using his 4.5 lakh for over two and a half months.
Buyer accuses Housing Society of unilateral Breach and 'Cheating'
QUESTION IS THAT WHETHER THIS IS A CASE OF CHEATING OTHER THAN CIVIL OFFENSE OF BREACH?
Housing society
Anonymous
16 October 2010 at 15:27
m wife filed RCR as husband got visa and ticket with stay application and CrPC 125 for maintenance, this case are pending as his visa got rejected n now he cannot get upto december. i further filed 498a fir after one week of filling RCR and other at family court.
my husband and his family got anticipatory bail and went for quashing in HC were they ask for mediation.
at family court they are ready to pass decree of RCR but i dont want so, but as the case is in quashing and mediation my advocate suggested not to withdraw petition of RCR.
questions are:
1)as content in RCR or any other petition is same as in FIR, FIR at its prima facea cannot get quashed. my inlaws put 2 grounds for quashing(1) is my petition for RCR and their pursis with reference to pass decree and (2)name of my 2 sister in laws included in FIR who are married.
what should i do for RCR petition and What should be my case direction
Tarun Thakur
16 October 2010 at 14:24
there was a rivalry between two groups. group A and group B. A group filed a complaint before police that B has tried to murder him. B was charged for offence of 307 and FIR was registered.
police investigated the matter and found that A made a wrong complaint and no such offence occured
Police through SSP filed proceedings against A under section 182 IPC.
Meanwhile compromise took place between A and B. now in quashing proceedings before High court how to quash both complaints...
182 IPC being initiated by police cannot be compounded
give views
Anonymous
15 October 2010 at 21:16
Dear Experts,
on 26-9-02, a rich person has got registered a case against A,B,C,D but to prove his false allegation against A,B,C,D in his FIR he shows a person 'O'along with ABCD that they all together visiting his house and demanded money, role of 'O' is same like others, 'O' is a poor vegetable vendor belong shedule caste'Chamar' and close relation with rich person and rich person has mentioned his name in fIR without his consent. the rich person never made said 'O' as an accused in said case even name of 'O'along with his father name is specific mention in FIR, rich person was wanted that 'O' made a statement to police or in court that A,B,C,D on such day and time has demanded money from complainant but beside to obey the direction of rich complainant, O after 15 days of registration of FIR, has moved a complaint along with his affidavit to D.C. against the complainant etc. by specific stating that rich complainant has mentioned his name in a false case against A,B,C,D and his name was mentioned in it but not made an accused and rich complainant etc. giving continuing threats and allurement of money to make a false statement against the ABCD. DC and S.P. has ordered for proper enquiry on his complaint but police of concerned police station, after ignoring complaint and affidavit of 'O' filed charge sheet against the A,B,C,D but not cited 'O' as an accused even no investigation was done regarding 'O', in evidence complainant etc. mentioned name and role of 'O',which are same with other accused, along with others but never moved an application u/s 319 Cr.P.C. before court to summoned the 'O' as an accused, trial court convict the accused without giving any finding upon the 'O' even accused in his defence has exhibited complaint and affidavt of 'O' presented to DC etc. and also his statement in this regard which he has made on oath in a private complaint of B in court on oath, admissible u/s 80 of Evidence act, the main defence of accused in appel is name and relevant document of 'O' but now at appellate stage rich person trying his best that 'O' made a statement in the appellate court against the ABCD. what is evidentary value of statement of 'O' at appellate court? 'O' till today is not interested to make such statement but he also does not wanted to move any complaint or application against the rich complainant. Whether any person or A,B,C,D can file a complaint/application in place of 'O' regarding the intention and efforts of complainant in appellate court or before trial Court under SC.ST. Act or u/s 340 Cr.P.C.
Chetan
15 October 2010 at 20:38
I am counsel of accused in 138 case I want to file a document which support to my case. The case is fixed for cross of Complainant
Whether at this stage I can file a document and asked the complaint about that documents ?
Pls reply urgently
Pls provide provision
Goutam
15 October 2010 at 20:32
Hello friends,
I am counsel from the complainant side. My client gave a friendly loan of Rs-35000/ to his friend in cash without any interest. After sometime the accused (friend) gave a cheque to pay off his dues(debt). But the same was dishonoured. I file a complaint U/S 138 of N.I act against him.
The counsel of opposite side is asking now whether debt(loan) is "Legally Enforceable" or not.
My query is:-
1. How i can prove that my debt is legally enforceable.
2.What documents i have to show to prove this.
Anonymous
15 October 2010 at 20:06
give me a proper solution on socio legal analysis of penal probeme under section 138 of N.I.Act
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Compounding the matter with the permission of Magistrate
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