Advocate.S.A.Siddiq
12 June 2010 at 13:05
Dear Sir
An accsued was arrested u/s. 420 IPC and banning act, now he was in jail.
in this time cheque bounced in another case, legal notice sent to prison address notice served, now
case filed u/s 138 of NI act , sworn taken, the magistrate refused to send summon to prison address. ( he won't to accept Cr.P.C 267, Rule 15 of criminal Rules of Practice, 144 of NI act).
in this situation , How to send summon ?
dipankar
12 June 2010 at 11:42
My friend Binda Ram , Resident of Jharkhand,dhanbad who belongs to scheduled caste has been implicated in a false criminal case.THE fact is he was employed with BCCL,COLIERY, but due to non submission of BDO papers he was asked by the co. to sit idle until bdo papers are submitted.(his father who was an employee of bccl died in an accident in colliery so in that case bdo papers need to be submitted for his son to get the job).During the period of his service binda worked under sd singh.sd singh promised to reinstate him in job and took Rs. 30000 from him.but on unable to reinstate him till 6 months binda asked for his money.sd singh started threatening him and even went to bindas home and humiliated and threatened his wife and ailing mother before some of his neighbours. In a planned approach by him sd singh sent 2 of his sons to call binda so that he will return his money .that time was 10’o clock in the night.that time electricity was not in there in the area due to load shedding..Binda and his brother unaware of his plans went to his house. On reaching his house sd singh brought out a lathi and tried to hit binda on his head. He even tried to lock them up and then call the police .In defense binda slapped him and SD singh hurt his lip. In a planned approach sd singh went to the nearby police station and lodged a weired FIR U/S 341,323,325,448,384.In the FIR report he stated that his younger daughter aged 23 is studying in koderma 100kms from dhanbad and binda with some of his friends had gone to koderma and asked his daughter to leave studies and binda has asked her to do court marriage with him.When his daughter refused to do so he and his brother in order to take revenge has come to his house that day.But the fact is they have gone to his house empty handed with no weapon and it was sd singh who brought out the lathi.sd singh’s neighbour has also given same statement to the police that the lathi was brought by sd singh only. Moreover binda is already happily married and have 2 daughters.The real fact is I have married his daughter 2 years back, I have a marriage photograph and two witnesses to prove my marriage.Now the girl is denying of the marriage and her parents are also not ready to accept as it is a intercaste marriage.Now to hide this fact and to present the matter in a different way so that their reputation is not marred in society sd singh has registered this kind of FIR as he could do nothing to me as I am in pune doing job.
Now my question is whether binda can lodge a counter FIR being a member of scheduled caste.Or it is better to go to the court and lodge a case against him.How will he frame the case in a scheduled caste way.i.e. Under atrocities to scheduled caste. Next my question is how will he present his case so that sd singh gets implicated in maximum unbailable sections.What unbailable sections can be charged against him.Or is it better for his wife to lodge a case of humiliation.Will it prove to be more stronger.Please guide as binda is very poor and unable to hire a lawyer.Your valuable suggestions will be highly solicited.
Anonymous
12 June 2010 at 11:14
Sir,
how can Stay crpc 125 file. My wife filed appplication.COurt Order maintance charges 2500 rs p/m.I have already filed application Section 9 HMA still Pending.
ANY Solution Refuse Payment
Sumir
12 June 2010 at 00:43
I have a vague question, we repeatedly come across false caste certificate cases, in case i have a caste certificate of someone, how do I verify it to be true or false, or in other words what are the criteria or ingredients of true or false certificate
Anonymous
11 June 2010 at 23:18
I have recently vacated a house and house owner has given me a cheque for the advance I paid. He has given the cheque from his wife bank account and when I have asked the reason he said he doesnt have enough money in his account. I trusted him as I have a two years relationship with him.
I have cleared all the dues honestly including the current bill and apartment maintainence. I have even paid money for tubelights which are not working.
I have taken the house for rent on March 10th 2008 and have paid the entire March month rent.
I have vacated the house on 6th June 2010 giving him proper two months notice according to the agreement.
At the time of vacating the house the house owner has asked me to pay the entire june month rent but I have argued that I took the house on 10th of the month and vacating four days in advance and he agreed with me orally.
But to my shock when I have presented the cheque to the bank it came back to me as my house owner has made a stop payment request to his bank.
My house owner is a bank manager and I think he knows in and out of the laws regarding the cheque instruments.
But I have been cheated at last even after being the honest.
awadhesh khadiwala
11 June 2010 at 15:42
wheather a revision lie against order passed under sec. 146(1) crpc
Anonymous
11 June 2010 at 15:35
SIR
CO-OWNER(ELDER BROTHER) FORCEFULLY TAKEN AWAY ORGINAL TITLE DOCUMENTS FROM WARDROBE WHICH BELONGS TO JOINT PROPERTY.WHEN HE WAS QUETIONED THE SAME,HE ANSWER THAT HE HAD TORE THE DOCUMENTS INTO PIECES AND THROWN IT IN TO A WATER CHANNEL.
WHETHER HE WOULD BE PROSECUTED UNDER CRIMINAL LAW.
Anonymous
11 June 2010 at 14:20
what is next to a rejoinder affidavit? i want to anser the rejoinder affidavit but i do not know what is next to it?
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Power of Attorney expired in 138 N.I Act case
In present case u/s 138 N.I Act the complainant is a N.B.F.C company and is hence represented by Power of Attorney holder who is a recovery officer of company. The P.O.A submitted by ccompany states that that it is valid till 31.03.2010 and on this date it will be cancelled automatically. Now the case has reached stage of Cross-Examination of Complainant i.e P.O.A holder on 28.06.2010 but the P.O.A is already expired and it has not yet been renewed yet moreover magistrate is not issuing directions for renewal of POA. What can be done in such a scnenario? I am appearing for accused and has already raised an objection, Kindly provide any solution.
Thanks and regards
Adv Sujit J Pathak