Rima
21 May 2010 at 12:23
Whether any order passed by Bombay HC is binding on Lower Court of other State??
Can a Magistrate refuse to consider the Judgment passed by the HC of other State?
In a point of law where there is no SC rulling.
Member (Account Deleted)
21 May 2010 at 12:15
Matrimonial house of wife is situated in Delhi. Wife severely tortured there and thrown out from there. Wife returned to her parental house at Kolkata at present residing in parental home.
1.Can we file PWDVA case in Kolkata??
Having minor son of 2.5 yr age.
2.Can wife pray for custody of the son?
3.If complainat can be filed at Kolkata and any ordered passed , how such orders can be executed?
Anonymous
21 May 2010 at 11:03
My neighbour has filed a private criminal suit against almost all the members of our residential society for removing the plants and garden in front of his flat which was required by the society for parking place.The resolution was passed in the general body meeting of the society.
Now I want to renew my passport.The passport office says that I should get a NOC from the court for that purpose as a case is pending against me.Can the court/judge issue me a noc in this case?
To whom should I approach.Pl help.
Anonymous
20 May 2010 at 21:56
I have an 498A,406 against me and I have got a Anticipatory bail and FIR has sent to the Judicial magistrate. Now can the police conduct a search of my place? if they conduct a search do they have to have a search warrant? If search warrant is to be taken will the Judicial magistrate give us an oppurtunity to say our case before issuing the warrant?
Anonymous
20 May 2010 at 21:45
my case of 498A,406 has been closed 24 months ago due to withdrawal letter of my wife and Further action dropped has been endorsed by judicial magistrate. But now she has made a representation to Commissioner of Police saying that her signature has been forged and asked for reopening of the case & the Asst commissioner has sought permission from JM to reopen the case and the case has been reopened..
Now can the Asst comissioner reopen a case after 24 months?
Can this reopening be done without filing additonal evidence or proof in JM court?
Can the Asst comissioner reopen an already closed 24 months old case just by a letter given by the compaintaint?
if this cant be done.... can u please quote relevant sections or judgments.
Anonymous
20 May 2010 at 15:43
Section 324 of Indian penal code is bailable or not today in view of Criminal procedure code amendment Act 2008
Anonymous
20 May 2010 at 15:21
in 498 A case Respondent lawyer delayed to cross lawyer were absent wilfully and the judge passed all the time .they mostly not giving exemptions also. and judge even never ask for exemption.what to do .......
srinivas
20 May 2010 at 14:53
is section 42 (f)(iii) of the Criminal Law (Amendment) Act,2005 has been implemented.If yes please give the notification
rkdhandia
20 May 2010 at 12:57
Sir,
Husband and wife partnership firm. Only two partners. Wife retired from firm and the firm taken over by husband as proprietorship. But in very short period the husband died. Loans were taken in Partnership firm to whom blank cheques were given by the partner who died. After the death, cases filed u/s 138 on wife also. The dates put on the cheques by lender is the date which is after the death of the partner i.e. as on the presentation of the cheque in bank the partner was not alive. IN partnership deed the husband was working partner and was getting remuneration. The stand taken by wife in cases u/s 138 is (1) She had alaready retired and at the time of offence she was not parter, Deed of retirement is available (2) The cheque is not signed by her and also the date on the cheque is after the death of husband(partner) (3) Even if for sake of argument taken that the firm was in existance and wife not retired, then also on death of the partner the firm automatically dissolved as per SC decision in case of Mohd Laiquiddin vs Kamala Devi 494.CA> No 6933-6934/2002 XIIA ADJD. The lender in the notice admitted that the partner has died and therefore case filed against wife. (4) She was not working partner
Is at the time of congnince itself any defece or case law presented for defece that it is not a fit case under section 138
Thanks
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Section 451 Cr.P.C.
Sir,
The Vehicle is involved in Criminal case. Owner is not available. the vehicle is hypothecated to a Registered Company as financier. the Registration certificate of the vehicle is having endorsement of the registered company as hypothecated. the Financier is going to file Petition in the court to get release of the vehicle. Please send the advice and the Decisions i.e. Judgements in this regarding.
Thanking you sir,
Yours truly,
P. Raju