Anonymous
21 September 2010 at 09:53
Kindly provide me with the citation wherein the Apex Court/High Courts have held that that in a Section 138 N I Act complaint it is unfair and prejudicial qua the accused if the bail amount is held equivalent to that of the cheque amount.
Thanking You in advance
Best Regards
Anonymous.
Anonymous
21 September 2010 at 01:04
can any college/school girl file a case against his classmate in the offence 'sexual harassment'.please tell me in detail with mentioning the applicable section.
meenakshi chauhan
21 September 2010 at 00:47
In the criminal case pending against my father, we have got signature verification report against us, from CFSL, GEQD. But we are not ready to believe that report because that person signed the documents in front of us, but as now he has managed this report against us, i am unable to understand what can be done to cancel this report. because anyhow we got to have the report done from some other laboratory but that too came against us. many officers told us that as the report is against u, no other lab will contradict the report easily, because all labs are of govt and are under one head.
can anyone help me out and tell what should we do to suppress that report and how ?
Thanks
arun joshi
20 September 2010 at 21:40
whether fileing of appln under sec 205 of crpc will bar fileing of anticipatory bail?
Anonymous
20 September 2010 at 20:26
How many days shall take to get anticipatory Bail?
Anonymous
20 September 2010 at 19:51
Dear sir
My friend has been facing a false dowry and DV case in India. There are NBW issued against him as well as some orders issued to passport office for impounding the passport. He stays at Denmark. His visa expires in May 2011, whereas his passport is expirying in Nov 2010. will his passport be renewed? if yes what is the procedure.If no what should be done. He had challanged the NBW and impounding order of magistrate in DC which was rejected and now he has approached in HC thru a lawyer.please give guidance.
sachin sethi
20 September 2010 at 18:01
whether a person accused of an offence u/s 15 of NDPS Act, involving commercial quantity(yet to be declared as juvenile)can be granted interim regular bail u/s 437 or 439 Cr.P.C. for taking his examinations?
if anybody can help me with case law in this regard?
Sachin Sethi
jagadeeswaran.l
20 September 2010 at 16:00
recently I read in news paper that supreme court passed a judgement stating mere demanding of dowry does not amount to offence unless due to harassment resulted in death.
can any body give citation of that judgement please.
regards
L.JAGADEESWARAN
Adv. G.Narayan
20 September 2010 at 10:07
Dear Experts/Seniors.
The Hon'ble Delhi High Court on 30.08.2010
in Crl.M.C. 130&Crl.M.A. No. 504/ 2010 has held, that (para 3) -" IT MUST BE NOTED THAT THE PWDV ACT-2005 DOESN'T CREATE ANY ADDITIONAL RIGHT TO CLAIM MAINTENANCE ON THE PART OF THE AGGRIEVED PERSON. IT ONLY PUTS THE ENFORCEMENT OF EXISTING RIGHT OF MAINTENANCE AVAILABLE TO AN AGGRIEVED PERSON ON FAST TRACK. In the same para the Court further says : " THE COURT OF MM UNER THE ACT HAS POWER TO GRANT MINTENANCE AND MONETARY RELIEF ON AN INTERIM BASIS IN A FAST TRACK MANNER ONLY IN THOSE CASES WHERE WOMEN HAS NOT EXERCISED HER RIGHT OF CLAIMING MAINTENANCE EITHER UNDER CIVIL LAW OR UNDER SEC. 125 CR.P.C. IF A WOMAN HAS ALREADY MOVED COURT AND HER RIGHT OF MAINTENANCE HAS BEEN ADJUDICATED BY A COMPETENT CIVIL COURT OR BY A COMPETENT COURT U/S 125 CR. P.C, FOR ANY ENHANCE OF MAINTENANCE ALREADY GRANTED, SHE WILL HAVE TO MOVE THE SAME COURT AND SHE CANNOT APPROACH MM UNDER PWDV AC BY WAY OF AN APPLICATION OF INTERIM MAINTENANCE OR FINAL NATURE TO GRANT ADDITIONAL MAINTENANCE.
Now the question is :'A' a mother has filled an application against her son'B" in a Court of MM in Delhi both U/S 125 Cr.P.C. and also under PWDV Act 2005.The first listing of both the cases are on 25-9-2010.
The case no. of 125 is 27/10 and that of PWDV application is 29/10 before the same Metroplotan Magistrate. That means the case of 125 is listed before, that the case under PWDV Act.
Can the respondent plead before the Court that since 'A" has already exercised her right of claiming maintenance U/S 125 , therefore, the proceedings of PWDV Act should be dismissed or stayed till the final adjudication of case under Sec 125.
In view of the above judgement of Hon'ble Delhi High Court what could be the interpretation of "Exercising her right" ,Is it not approaching a Court for relief Exercising her Rights or the rights would be deemed to be exercised only after adjudication.
Kindly enlighen your Expert Opinion on the matter at the earliest.
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URGENT ADVISE NEEDED:stop payment cheque
Dear all experts
My father was threatened of dire consequences and was forced to issue a cheque undated of Rs. 16.45 lacs to a company.When my father regained his senses,he immediately went to the Bank and stopped the bank for making the payment before the cheque was presented.The company then filled the date on his own,and presented the cheque for payment.but the cheque was returned by the bank saying "stop instruction".Now company has send us a notice to pay the entire amount within the 15 days otherwise they will file a suit under section 138 if N.I. Act which means either pay twice the amount or face 2 years punishment!
Please advise whether the company has legal right in doing so as mentioned above?
Also the cheque was made to sign on threatning basis but stopped immediately by my father?
Is this is not enough to protect my father from proceedings of section 138?
DEAR ALL EXPERTS
PLEASE ADVISE HOW CAN WE SAVE OURSELF FROM THIS SHREWD COMPANY?
THANKS AND REGARDS