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Anonymous   15 October 2010 at 16:49

negotiable instrument act.

Hello advocates,

In K. Bhaskaran Judgement jurisdiction clause "E"--"failure of the drawer to make payment within 15 days of the receipt of the notice" is very confusing (Complainant address 0r accused address)

Pls describe this jurisdiction.

here Munsif court has settled his mind on this point says this jurisdiction is accused address and i argu this is Complainant Address.

which is correct??

Anonymous   15 October 2010 at 14:55

Section 138 of NI ACT

Can i be charged u/s 138 for stopping the payment of issued cheque, as per the agreed conditions,n in failure of that condition,notice is issued not to present the issued cheque,still the cheque was presented,and returned as STOP PAYMENT on the memo,while i had sufficient funds to cover the cheque amount in the bank.

Anonymous   15 October 2010 at 14:33

Dowry case

Respected Sir,


I am from Rajasthan and Presently working in Uttaranchal from last 02 years. I married 02/02/2010 with a girl from U.P,, We have dispute with my wife and she left my home after 1.5 months. For bringing her again I gave a note on a plane paper to my father in law.
Write following:-

Maine jo apni Biwi ke saath marpeet ki uske liye main usse aur uske parents se maafi chahta ho. Aur future main dubara nahi hone ka promise karta ho.
I signed on paper.

After giving the paper they send to my wife. After one night stay with me ,She left my home again with all her material when I was at my office.

From last 04 months she living with her father.

Yesterday I got a call from local Police officer. She give a application with for my demand of dowry and attached same paper which I gave to my father in Low. and send CC of the same to Woman Shell, New Delhi

Kashipur Police officer provide FR in favor of me :-
i.e.
1. My Parents not living with me.
2. She left my home after 1.5 months.
3 Here is not any matter about dowry.
Etc.

My action:-
1.I filed RCR case.
2.I got a FR copy from Kashipur ( Uttanchal) police.

Now:-
She gave an application at Jaipur ( Rajasthan) and Aligarh ( UP) also and I am harassing by both police.

My questions:-
1.Can FR of Kashipur police can help me . for cancellation of both other complains Or they can file a FIR??

2.How to I can prevent my self form 498a case.?

3. She can file case anywhere ?

4.Now what they can do and what about action of woman shell.

5. What about my paper which i gave to my father in law for compromise??

Please advice me what action I have to taken in this stage.


Regards,




Anonymous   15 October 2010 at 13:15

Clubbing of trial

I had filed a complaint u/s 200 of CrPC against Mr. Y for the offence of cheating and criminal breach of trust with regards to a contract signed between me and Mr.Y. Thereafter I also moved before an arbitrator and got an award in my favour.Hence, Mr. Y moved before another criminal court and bought an order u/s. 156(3) for investigation against the offence of forgery, cheating etc. allegedly committed by me. But he has filed a false complaint with regard to the same subject matter (the contract). Since the subject matter of both complaints filed by me and Mr. Y are the same can the process be clubbed?

Anonymous   15 October 2010 at 07:53

Can a husband give evidence in court if wife is ill

My wife is ill and I gave evidnce in court with duly swort affidavit and power of attorney from my wife.Then case goes to District Court and now in High court.In high court opposite party advocate objected that Husband can not give evidence.Pls guide me whether I can give evidence or not.Also mention me some authorities and case law.So that I may give this to my counsel

Anonymous   15 October 2010 at 00:18

WHETHER THIS CASE IS CRIMINAL

One builder fraudulently/dishonestly induces a buyer to invest in his property stating that commercial usage of the property is possible and bank loan is available to buy the property.

On realizing that Builder has not submitted the formal approvals i.e. documents showing permission for commercial usage of the property, buyer gets frustrated and asks for refund.

Builder proposes a deduction of Rs5000/- and return of the original receipt of registration on the scheme by the buyer, and states that money shall be returned only after the new member has filled the created vacancy.

Buyer tells builder that this is not acceptable and requests for re-registration in the scheme. Buyer asks the Builder to despatch the copies of the Formal approvals permitting commercial usage of the property, such that on production of the documents, he can release further payment to buy property.

Builder cancels registration of buyer stating non-availability of Bank loan and non-payment of installment in time and refunds money after deduction of Rs 5000/- and after having used the buyer's money for over 2 months.

Buyer accuses builder for 'breach', as he had the right to verify the truthfulness of the project and that too particularly when Builder did not submit these document to the bank from whom he claimed that bank loan was available to buy the property.

Builder repeated;y abuses the buyer and intentionally insults him using filthy language over emails during business communication through the establish email ids of both the parties.

QUESTION IS WHETHER BUILDER CAN BE CONVICTED FOR CHEATING AND CAUSING INTENTIONAL INSULT TO THE BUYER ASSUMING ALL THE FACTS STATED ABOVE ARE PROVED BEYOND ANY REASONABLE DOUBT.

Anonymous   14 October 2010 at 21:58

WHAT INGREDIENTS MAKE A CASE CRIMINAL DUE TO CHEATING DUE TO WHICH BREACH OF BUSINESS DEAL RESULTS

During the Contract of Sale/purchase of property, one party i.e. buyer accuses the seller for Breach of contract when seller does not oblige buyer to fulfill his commitment.

The buyer accuses seller that this breach has resulted due to seller's misrepresentation which seller did before the Agreement to Sale was finalized between the two parties.

What should be the ingredients that must be proved by the buyer to prove that this breach has resulted due to cheating on part of the Seller?

Is there any leading case on the subject?

Goutam   14 October 2010 at 21:32

Whether complaint is maintainable u/s138 of N.I Act

Can we file a Complaint U/s 138 of N.I Act.
If the cheque returned with bank endorsement "Present Again". If any rulings plz upload it...

Harshpal   14 October 2010 at 19:22

registration of criminal complaint

I filed a complaint in CJM's court under section 29 of SARFAESI Actfor contravention of Act. The CJM passed the order that i should go to DRT under Section 17 of the Act. What is its legality? it is like i file a case under 138 NI Act and magistrate says you go to civil court for recovery of your money.

N.J. MISHRA   14 October 2010 at 18:07

defamation

please member advise me

i am a legal officer of a shipping company, we manages the company through out the world wide. chief engineer for a ship was appointed by contract for a period of 3 months, but he abondoned the contract. as per the contract he is liable to pay all the charges incurred on him by the company. I send a demand notice to chief engineer through email on 27/09/2010. on 08/10/2010 chief engineer replied back to my email, but he marked copy to the number of the recipients some of them are company's client, some are government authorities and some are unknown, he has copied to more about 100 of email address, but he has not used any derogatory languages in his reply. can such act of chief engineer amounts to defaming the reputations, honour of the company by sending email to number of recipients. can i file private complaint against him,