Anonymous
03 May 2010 at 21:54
Hi,
I want to know that under section 13 of the P.F.A. Act whether registered post of Public Analyst report to accused shall not be presumed served untill prosecution proves that it is duly served to the accused. What is the latest situation or rulings regarding this matter. Pls help me.
Parthasarathi Loganathan
03 May 2010 at 17:34
After the advent of mobile phones, users are exposed to many menaces from business promoters like SMS alerts, business promotion and advertisement calls, etc proving hindrance to the normal usages. Even without express or implied consent Mobile numbers are listed for the business promoters at the expense of genuine usage of incoming calls or SMS facilities. Adding insult to injury, there is no ban imposed to play MP3 players which are built in handset with high volume in public places. Mobile members are exploited for many cyber related crimes. What is legal option left to the user to bar the service provider from giving the subscriber numbers to such business promoters?
Md Shadab Ansari
03 May 2010 at 17:28
Hello Learned Members,
please Suggest me a good book of Criminal Trials..
Thanks
Anonymous
03 May 2010 at 17:18
My friend father has filed Insolvency Petition before the Court of Law, in which he has arrayed the persons from whom he has borrowed money. He has got IP number also.
Now, one of the lenders has taken him into their custody illegally and taken keys of my friends house and making threatening calls to him that he should pay for his dad or else they will occupy his house
and will not leave his father. they all are influential people. can they occupy my friend's house like that. they have taken blank signed white papers and cheques from his father also.can u suggest something for him.
Anonymous
03 May 2010 at 16:16
Respected sir,
My wife had filed 498a/406/506/34, for which I was granted AB from the session court. Now i want to apply for the regular bail as the challan has beeen submitted in the court and NDOH is fixed for 6/5/10. what i have to do now.Now also the other party will oppose my bail applicatio in the court as sec 406 included in that. And no recovery was made till date by the IO .And other party presence is also required in court. Kindly suggest what is to be done.
with regads
Anonymous
03 May 2010 at 10:38
Please guide me on below stated queries.
We are special products manufacturing co.,- Despite repeated follow up our client is not releasing pymnt against supplied materials. We are having parties blank cheque duly signed by him & issued by him when business started with us.
Q 1)Can we deposit that blank cheque in the bank duly filled full outstanding amount ?
2) Against dishonored of the same can we file the case u/s.138?
3) Is there any judgement of high/supreme court regarding utilization of security cheque and filling cases?
4)Please guide me on INK READING.
RGDS.
Anonymous
02 May 2010 at 22:52
Hi,
I am a government employee working in farmer loan department in chennai, tamilnadu.
I got arrested at feb 2002, for accepting bribe from a farmer for accepting bribe of Rs.1000, for
sanctioning his farm loan of Rs.2 lakhs. Case registered for accepting illegal gratification.
subsequently, a search was done in my house and another case is filed for Possession of wealth
disproportionate to known sources of income.
so two cases registered. second case is filed an FIR at 2004, and no action taken as of now.
For first case, it's tried in trial court, but 4 years of jail and Rs.4000 was fined.
Appealed at high court and waiting.
Now my problem is
1) the first case high court appeal is pending..NOw can i go to Writ petition to quash FIR under
following points.
a) the permission is obtained from state secratary, but my appointment is given by the
government, so not proper permission taken in the first place.
b) the bribe is given the next day, the loan was sanctioned.
C) the loan will be sanctioned by 5 member commitee, not by the accused alone.
c) the governemnt witness has given contradicting statements at the lower court.
But all these points are not taken by lower court and punishment is given.
2) For this case, should I wait for the appeal hearing from high court, but I guess that will
take 3 to 4 years..can i go for writ petition for quashing FIR..is it possible, after the
punishment given by lower court.
3) if the writ for FIR quashing is rejected..will it be a negative point at high court appeal
hearing...
4) for second case...unreasonable delay is done from vigilance department to file the FIR,
chargesheet etc... can i go for writ petetion to quesh this FIR?
5) also for second case,
a) the assets in my wife's name is also included as my assets, stating that i'm benami.
b) a unregistered sale deed is taken into account.
c) the PF withdrawn, stating medical expense. but actually used for savings. This amount
should not be contributed to the expense. rather it's invested in assets.
is all the above points enough to quash the FIR...
So to summarize. i have two cases against me (first case - accepting illegal gratification,
second case - Possession of wealth disproportionate to known sources of income).
first case - lower court trial - punished for 4 yrs. appeal pending in high court.
second case - FIR lodged at 2004. no action taken as of now.
can i go for writ - FIR quashing for both the cases. what r my chances to win?
Am i missing any point here...please ask me..if u need any more info..
Thanks in advance.
Anonymous
02 May 2010 at 19:15
based on a false affidavit where facts were suppressed and misrepresentation an direction order has been passed exparte where notice was not served to the 3 and 4 respondents. But the order was passed on hearing only the 1st and 2nd respondent... but the order is the reopen investigation on the 3rd and 4th respondent. kindly let me know
1. Can an order be passed without hearing the respondents or issuing notice?
2. what is the remedy for the 3rd and the
4 th respondents.?
3. Is the order valid as it has been obtained fraudlently without the ascertaining the actual facts ?
4. Is there any citations on this ?
Anonymous
02 May 2010 at 14:14
Dear sir/madam
my issue of concern is about 317crpc. my husband resides in dubai and was arrested last year at indian airport as LOC/RCN was pending. on execution of self bond of 1.5 lacs he has been granted bail under a condition that if he fails to deposit his passport within given period of time in court, the amount will be paid to victim wife and daughter,but as his lawyer filed a petition under section 317 crpc he got the extension of one more year on the same deposit. where i disagree to the fact that this amount should have been paid to wife and then an additional amount should have been deposited by A1 if his reason is genuine for extension.
now i want to get the amount on requesting hon'ble court or higher court,it is possible to approach and under which section of crpc.
pls reply me as i am not getting any maintenance. leaving under pathetic condition nurturing my 4 year old child.
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A life convict is eligible or not to contest a municipal ele
R/Members
A person who is convicted for life imprisonment in a murder case and whose crl appeal is pending in Supreme Court,presentally he is on bail by supreme court and order is reproduced here as"
In this view of the matter and on consideration of the totality of the facts and circumstances of the case, we deem it
appropriate to suspend the sentence of the appellant No. 1 on his furnishing personal bond in the sum of Rs. 20,000/-
with two sureties of the like amount to the satisfaction of Additional Sessions Judge,"I want to know whether he can contest municipal council election. As i have heard that representation of peoples act debar only for the election of MP /MLA or MLC Kindly suggest as last date for nomination is 7th of May.Thanx