Arvind Singh Chauhan
23 April 2010 at 18:23
Sir my client was ordered to pay Rs 300/- pm to wife, at the time when the maximum maintenance amount was up to Rs 500/-(before the new amendment in Cr.P.C.). Now the new amendment has come in to effect, having maintenance limit up to Rs 5000/- according to Uttarakhand's stete amendment. My client's wife has applied to court for enhancement for Rs 2000/-.
Sir I am of the opinion that, because maintenance awarded earlier was according to old provision which might be maximum Rs 500/-. New amendment should not be applied here, having no specific clause in amendment Act. Now court can enhance only up to Rs 500.
Am I wrong or right ? please suggest. Sir if I am right please suggest the law or citation if any, that I may satisfy to court.
LK Salecha
23 April 2010 at 14:30
My client has issued blank dated cheque to his supplier as security cheque on 31may2009 for Rs.7 lakhs,to be used if my clients client does not pay to the supplier on due dates.My clients client paid on two occasions on 8 june 2009 Rs two lakhs & 12 july 2009 Rs. two lakhs.On 16 july 2009 my clients supplier presents the cheque for Rs.7 lakh. Cheque dishonours due to insufficient fund. My client's supplier sends thru lawyer a legal notice. My client does not reply. Now they have filed court case under negotiable instrument act 138.
My client didnot owe to his supplier Rs.7 lakh on 16 july, as Rs.4 lakh was paid before cheque presentation date.
Can this case be dismissed as my client's supplier has presented the cheque for amount, my client did not owe.
Anonymous
23 April 2010 at 10:08
In a criminal case xerox copy of the FIR filed in a court was obtained unlawfully bearing the initial and seal of the magistrate with date. One govt. department without filing copy application obtained it, attested as true copy with sign and seal of office not having certified copy with it, which is an offense under IPC 107,120(A), 420, 468, etc. Several complaints were sent to the concerned court and high court, asked information under RTI Act, but all became futile. On petition was given to the District Judge in open court on 30 April, 2009, no action was taken. Information regarding action taken was asked under RTI Act but no reply was received.
Is there any means for action including private complaint against the govt. officer who signed and issued attested true copy with his official designation and who has no power and jurisdiction to do so?
Neeraj Kaushal
22 April 2010 at 19:54
complaint u/s 12 of The protection of women from domestic violence act be filed in simple application ,
without using proforma
i need a law that simple application is maintainable ,
Anonymous
22 April 2010 at 19:33
Dear Experts,On the Website of High Court, I found a case against me as SR No. CRLRCSR XXXX what does the abbreviation SR No. CRLRCSR means please explain.
srikanth kumar bandari
22 April 2010 at 19:32
hi legal experts this is srikanth bandari i got a case u/s 138 NI act where notice was issued by complainant but the same was not served on the accused. the case facts are, my client obtained a loan to the tune of Rs 1,25,000/- from a finance company and at the time of obtaining loan my client issued some blank, signed, undated and unfilled cheques in favor of finance company in the year 2006 and later he committed defaulted and subsquently the finance company filled up the dates, and filled the blank columns without the consent of my client and got bounced the cheque and filed the case under 138 of NI ACT. now my doubts are.
1) whether criminal complaint u/s 138 is maintainable in absence of proof of service of legal notice on the part of alleged accused?
2)Whether the cheques issued at the time of obtaining loan can be construed as legal enforcebility u/s 139 of NI ACT?
3)Whether the complaint is maintainable in view of material alteration made by the complainant/finance company without consent of the alleged accused?
4)The onus/burden to prove that legal notice is served or not served lies upon whom, whether on complainant or on the accused?
5)please provide citations/authorities where complaint is not maintainable in absence of proof of service of legal notice u/s 139(b), and material alteration done on the cheque which was in the custody of the complainant.
harish
22 April 2010 at 17:57
Dear sir,
my mentinence of rs 7500/- (5000+2500/-)towards wife and minor child was decided as ex-party on 18.2.2009. then after i filed a appeal under revision in seson court. stay on this amount was not allowed by court. wife was also filed 125 (3) for recovry of said amount. then i had to give full amount to my wife. Now, on 13.4 2010 the rvision has allowed in my favour with intrim mentinence 2000/- to wife and 1000/- towards child, till final decesion.
Till date i have paid excess amount towards wife.
my question is that wheather excess amount about Rs.58,500/- that was paid to wife, will be returned by wife to me. if yes then how can i take this excess amont.
pl. sadvice me.
Thanking u...
Nidhi vora
22 April 2010 at 15:25
Cse file under IPC 306 against sis,brother,father and brother ,because of house is in the name of sis.and made on the name of her husband by sis.,hus.committed sucide by consuming poision.police file case against sis.brother,father under IPC 306 ,got bail case is court since last 3 years.
Recently elder brother of sis.inlaws had met and requested that by mistakely and in tension i have filed FIR and case against you.he met parents to get the house in his custody becz.after sucide of her husband ,her brother in law is trying to get that house which is made on her name by her husband.
Her Brother in law requested to comprise and said i will give you 2 lakh rs.for sis.and give that house on back to him.
case is court,please suggest what to do?
Dineshsingh.
Anonymous
22 April 2010 at 14:12
Respected Experts,
“A” has given an un-dated Cheque along with an agreement on dt. 31-12-2007 for a sum of Rs.3 Lakhs and the same is mentioned in the said agreement. Since he is not in a position to pay the entire amount of Rs.3 Lakhs, subsequently he approached and requested to pay the same in monthly instilments and that he has given 10 cheques @ 30,000/- each. Accordingly he honoured only one Cheque in Feb,2010 and failed to pay the next instilments. Now I want to present the above Rs.3 Lakhs Cheque. And thus I want to clarify that:-
1. Actually there was no date on the above Cheque, which was received 3 years back. Is it legally valid, if I put today’s date.
.
2. Now I have to claim only Rs.2.7 Lakhs as I have already received Rs.30,000/-. So shall I deposit 3 Lakhs Cheque now?
3. In case of its return, shall I issue a legal notice claiming only Rs.2.7 lakhs even though, the Cheque is Rs.3 Lakhs.
4. How the proforma of Legal Notice woud be.
Plz. Clarify.
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sc st act
sir one false complaint againaist me complainent father is christian complainent name is hindu name he claiming sc police registered case scst poa act may kindly clarify scst poa imposing correct or not? he is minority christian