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Anonymous   29 May 2010 at 16:39

stop payment of cheque

I issued a cheque as a advance for rent for month of june2010 on 26/5/10 dated 28/5/2010.on realizing that land lord was not good i stopped the payment of cheque on 26/5/2010.no written agreement was done.landlord was informed same day and asked not to present the check.HE HAS PRESENTED IT AND AS PER MY INSTRUCTIONS PAYMENT HAS BEEN STOPPED.CAN I BE SUED FOR THE SAME

Anonymous   29 May 2010 at 14:53

125 Cr.P.C Summons

Dear Experts I had received Summons U/S 125 Cr.P.C , My Case Details is I had Filed Divorce u/s 13 Desertion of 6.5 yrs in the Family Court in Nov 2009 and punctually She is attending the Case, Now 28/05/2010 she had Filed 125 Cr.P.C against me at her home town which is 40 kms from Family Court in such circumstances, my questions are:

1.What should be my action, what happens in the case u/s 125 during first hearing can i be allowed to defend in person and provide me other positive suggestions as i am ok to give maintenance if it is reasonable to wind the case 125 Cr.P.C at the earliest?

2.Why is that she opted for home town when she is attending the Family Court Divorce Petition?

Thyagarajan   29 May 2010 at 14:27

Sec 340 and 195 Cr.p.c

Application of the SC judgment Appeal(crl) 402/2005 to the cases on sec 340 and 195 cr.pc gives appellants or respondents the option to approach the Criminal Court directly without asking for the court (in writing) ( before which offences under sec 195 cr.pc were committed ) to forward the same to criminal court under sec 340 cr.pc.
I would like to know whether any one had tried this and got benefit.

Anonymous   29 May 2010 at 09:25

Tresspass

Sir,
A land was purchased 40 yrs back, now the son of the vendor is continuously trying to take possession of that land since last two years. Since he is schedule caste so any suit is being avoided by me. But now he has obtained some forge & fabricated paper from revenue dept. and again trying to take possession, and trying me to involve in sc/st cases. But I have stopped going to my land due to this fear. Police is reluctant to help, so in this situation, Can suit of trespass be filed in order to stop him? I am also taking civil recourse, but it will take time, also court is not granting injunction (never has granted in any suit, which they want to maintain as record). Plz. suggest.
Thanks to all.

Shweta   28 May 2010 at 23:51

Bail

Dear sir,

Can a person go outside India, if he is out on bail. How does the office issuing visa get information that the person is out on bail.

Shweta

Anonymous   28 May 2010 at 21:07

Road accident case

My father expired in accident hit by a two wheeler. Case is registered against the accused and taken to the court. But it is learnt that the case is dismissed. The ground for dismiss is not known and we are not aware about the dismissal of the case. We want to punish the accused. In this regard, please clarify on the following doubts.
1. Whether Court / Public Prosecutor has any obligation to inform us about the judgment? If they fail to inform, what will be next course of action for getting the judgment copy.
2. How to get the judgment copy and how to appeal against the judgment?
3. What is the appeal period in such cases?
4. As we are not aware about the judgment, whether the court will consider delay in appeal filing, if any?
5. Whether can we file the appeal directly or it has to be filed through PP only?
6. If PP refuses to file the appeal, what will be the next course of action?
7. Whether Director of Prosecution / Supdt., of Police of concerned district will be helpful in this case?

Anonymous   28 May 2010 at 19:00

protection for Government employee

can police arrest a govt. employee under 498a without taking permission of the concerned department of the employee?

Anonymous   28 May 2010 at 13:47

Section 138

I had filed a case for cheque bounce.

On first date, the judge asked fixed June 14th as next date of hearing.

Will the judge be sending a letter / other document confirming the same.

Is it necessary for me to appear or just my lawyer is enough to appear

Anonymous   28 May 2010 at 13:02

Applicability of Sections 195 / 340 IPC

What are the useful applications of these criminal sections for dismissible civeil suits, found to be not maintenable on frivolous grounds lacking evidence to substantiate the grounds of civil suit ?
Where / who could initiate proceedings thereunder--the civil court or the defendant of such civil suit ?

Anonymous   28 May 2010 at 08:34

i p c

Complainant mr x admitted in the complain that while he was going to the his work on that time mental dashed with the Honda of his and the Honda was his father’s name complainant mr x took at hospital him during the treatment the mental died. So as per law the mr x will become the accused and complaiant and in the chargeseet it showed in the said there is no any eye witness.

Now technical question is that in the report of the P S O the name is shown another persons means the name of the mr x comes but the name of father and surname comes differ and address different.
And in the statements of the complainant the name is shown another persons means the name of the mr x comes but the name of father and surname comes differ and address different. But my client says that there is his signature under the statement but the statements in gujarati and he does not know the gujarati language
Which kind of the defence can be taken place pls suggest regards