Anonymous
31 August 2010 at 12:57
I am going through in a disproportionate asset case by ACB.I want to know about the Supreme Court rulings related to DA cases.Can you pl suggest where I can get these rulings/Cases.
Thanks a lot!!
Sam
31 August 2010 at 08:44
I have given cheques to ex employee with out dates, Now when on delay in retuning him the money he said If I do not pay lumpsum he will go to court . I do not have lumpsum money and I m ready to go for Installments like 10K PM ,The total amount is 68000/-
Can I get the anticipatory bail to avoid any disastrous condition like jail .I am ready to pay with in 6 months. Pls Guide me
Anonymous
31 August 2010 at 07:17
sir, in this case the marriage of the petetioner/accused and deceased/wife was performed 18 years ago.shrt temperement thedeceased person taking pecticide later she died deceased brotherinlaw lodgeing a complaint u/s 306 ipc and 498a.now iam filing anticipatory bail.pls give me necesary argument points and advise the result as per ur opinion.
Anonymous
30 August 2010 at 21:46
Hello Advocates,
can I filed complaint on my Clint office address. that is right jurisdiction?
S.D. Singh
30 August 2010 at 19:57
In some criminal proceedings , Mr. A wanted to move to High Court for proceedings stay against charge sheet . He discussed the matter with an advocate, paid some amount and provided him the papers. He also said to advocate to discusss the papers before submitting the papers and then he will sign the Vakalat nama/ Power of attorney. But the advocate filed the petition to High court without discussing with Mr. A and also without Power of attorney / Vakalat Nama. The pertion was rejected by the High Court. Now please advise how the order of the High Court is binding on Mr. A. Whether now Mr. A can file the fresh petition through another advocate without disclosing the filing of first petition , which he never authorised advocate to file.
modassir nasim
29 August 2010 at 23:35
1)IF THE NOTICE OF 138 (OFFICE COPY) IS LOST BY THE LAWYERS ASSISTANT WILL THE OPPISITE PARTY WIN THE CASE ONLY ON THIS GROUND?
2)THE ASSISTANT OF THE LAWYER IS ALSO CONFUSED THAT WHETHER HE HAS SENT THE OFFICE COPY OF THE NOTICE TO THE ACCUSED WHILE SENDING THE SUMMON ALONG WITH THE XEROX OF COMPLAINT PETITION.WILL THE ACCUSED WIN THE CASE IF HE HAS GOT THE OFFICE COPY OF THE NOTICE .
3)THOUGH THE LAWYER HAS THE XEROX OF THE OFFICE COPY OF THE NOTICE IN HIS FILE.
Anonymous
29 August 2010 at 23:17
A Summon was issued by the JMFC, Navi Mumbai to be served at Uttarakand. The party is managing the authorities by not receiving the summon. No postal acknowledgement Due is received. Two attempts have been made. How and who should serve the summon and what is the mode?
s.loganathan
29 August 2010 at 22:27
My wife and I were served summons u/s 138 of NI Act. I appeared and my wife's appearance was dispensed with u/s 205. After the second hearing, I was still not served the complaint copy and subsequently I made a copy application for the complaint, the cheque, pronote, partnership firm registration and also copy of order on 205 application. It was returned after 3 days as 'exhibits not marked, hence returned'. Rule 339 of the Criminal Rules of Practice clearly stipulates that "copies of any portion of a record of a criminal case must be furnished to the parties concerned ...." Is there a provision in law for them to return my CA on the above pretext? Is this act extra-judicial? Even the copy for order on 205 was not considered.
Chetan
29 August 2010 at 20:58
In the Domestic Violence Case the Court awarded Rs. 1200/ p.m. to the applicant
The Applicant filed application for recover of that amount u/s 125 CrPC
Whether it is tenable ?
Whereas there is specific provision in DV Act to recover such amount
Pls guide and provide citations
Regards
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138 of N. I. Act
A complaint filed u/s. 138 against a co. and one of signatory director.
Accused director is permanently exempted by the court till the next order.
Accused directed to represent by his advocate.
The complainant filed his evidence.
As per the procedure of dist. Court, the affidavit of evidence is affirmed before the court officer before filing in the court.
Accused and his advocate continuously absent and avoid cross examine the complainant.
The magistrate record the verification of the complainant and then passed order of no cross. Complainant also closed their case as no further witness is necessary.
The matter was adjourned for the statement of accused u/s. 313.
On the next date the advocate appeared on behalf of accused and made an application to set aside the order of no cross. Court considered his application with minor cost. He undertook to pay on next date.
Next date some other advocate was present and file an application with certain objection under rules 5 of Chapter VII of the High Court manual against the affidavit of complainant. In the said application it is stated that….
a) No verification clause of director Is there in the said affidavit.
b) no residence address of complainant is mentioned. (in affd. It is mentioned that I ____ having address at … office address is mentioned. (Complainant is a company))
c) it is not clearly mentioned that which statements are made on his personal knowledge and which statements are on his belief or information.
And prayed that the said director may directed to comply with the provision of ch. VII of criminal manual of Hon’ble High Court.
I’ve to file reply and oppose the said application. Kindly help me plz.
I’ve certain points in reply. can these useful to me?
• On previous date the said advocate has made an application to set aside the order of no cross and oraly undertook that on next date hi would cross examine the complainant. Now he placed these application.
• Further all applications signed and filed by a junior advocate who are not on record. V.p. signed by an advocate (I’m not sure that the v.p. filed on behalf of adv. firm or individual)
• Weather any advocate have locus standie to appear in the matter or to signed and place any application in absent of accused and advocate on record?
Plz. Plz. Plz. Help me and guide me and also give me citation if any is available in my favour.
Thanks in advance.