MSC Shekar
11 April 2010 at 11:06
In a Civil Suit, The Registration Department made a false deposition on a Document containing no link documents and making it valid in a court of law. The decree went into the favour of the Plaintiff
Later the defendante in this case contested the important exhibit related to this suit in the High Court thru Writ Petition. To escape the situation the Registration Department failed to contest this Writ Petition.
The Order by the Hon'ble high court was given infavour of the Petitioner/ Defendant (in Civil Suit) and against the Registration Department.
Since there is a purgery in both the courts by Registration Department. Can two 340 CrPC proceedings be intiatied against the Registration Department in the High Court and trial Court simultaneously??
Please advise.
Y Singh N Rajput
11 April 2010 at 07:09
Party filed a case u/s 138 alleging cheque bounce, purportedly issued for payment of part interest of the principal amount. Plaintiff says that the principal amount was extended as secured loan against property. The palintiff's prime occupation was service in a state government department. He had no licence for money lending. This appears to be a an isolated case on record of money lending. On cross examination the plaintiff agreed that he had no capacity to tender the large amount. He says that his acount was operated by a third party who conducted transactions. Allied facts include -1. The mortgage deed was unregistered. -2. The details of cheques in the mortgage deed and banker's certificate also differ.-3. No civil /cr case filed for recovery of the pricipal amount.
Please comment about (a) whether the plaintiff can be regarded as a money lender? (b) what are chances of plaintiff winning this case?
Ladhu Ram Chowdhary
10 April 2010 at 22:18
2. The degrees of Criminal intent and resultant Criminal liability are directly proportionate to each other, therefore, a person who causes death by rash or negligent act can be punished for imprisonment up to only two years whereas, the person who knowingly or intentionally commit it can be imprisoned for ten years / life term and even can be hanged. To the contra, a convict u/s. 304-A I.P.C. seldom gets benefit of probation whereas a similarly situated culprit of Section 304 part II I.P.C. may get it. Examine the justification behind it ?
Ladhu Ram Chowdhary
10 April 2010 at 22:17
1. Whether there is any conceptual conflict between “Benefit of Probation” & “The plea Bargain” and how it can be reconciled ?
Anonymous
10 April 2010 at 20:06
DEAR ALL
I have three queries related with dishonour cheque
A builder gave me a cheque for Rs.194149/-dated 31st January 10. He requested me not to present in the bank for clearing till 31st March 10 as he has some funds problems. After 31st March 10 he made several promises to pay my payment by 10th April 10. Now again he is saying me to wait for 30th April 10 & promises to give me pay order on 30th APRIL 10.
My queries are
(1) I have presented cheque in bank which returned back with remark `Insufficent Fund` on 3rd April 10. Can I present the same cheque again in the bank if he does`nt pay my payment by 30th April 10.
( I have not sent any notice in writing to Builder)
(2) What is the actual validity of a cheque ? The issued cheque is of STANDARD CHARTERED BANK. I have listened that some cheques are valid for 3 months also.
Is there any identification mark on cheques which are valid for 3 months.
(3) Can I file FIR in police or EOW alongwith sending him notice for dishonouring of cheque in future if he does`nt give me payment?
(4) After dishonour of cheque, Upto what time period a notice can be sent to builder ?
Anonymous
10 April 2010 at 17:57
Please go through the attached file and give your valuable advise
Chandrashekhar
10 April 2010 at 14:17
There are two different proceedings between the same parties, one under the Protection of Women from Domestic Violence Act and other u/s. 498-A of IPC, Query is whether a case under the Protection of Women from Domestic Violence Act, 2005 can be stayed for want of trial u/s. 498-A of IPC? Is there any such judgment of the Hon'ble Supreme Court?
Anant
10 April 2010 at 13:08
1. In Mumbai, what is the time taken by a magistrate in deciding on a cheque dishonour case?
2. After decision of the magistrate, which court needs to be approached for appeal?
Chetan
10 April 2010 at 08:39
I am cousel oof accused contesting 138 case
The complainant provide a set of document to me in which the notice (send by complainannt) is differ than the notice attached to the record of court...
charges are framed
the matter is pending for evidence but the chief is not filed since last 3 days.
whether i raise the objection ?
whether I filed dischrge application at this stage ?
pls guide if any with case laws
thanks
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Criminal Proceeding against Power of Attorney Holder
Dear All,
My query is as folows:
The situation is a pvt ltd company is in business with a proprietory concern. The proprietory concern is represented by its power of attorney holder (Proprietor is mother, giving power to her son to represent her due to her old age). The Specific POA given by the proprietor is silent whether the Power will defend the Criminal proceedings initiated against the company, Moreover the POA does not have any liability clauses on the power holder. Is it is legally possible to initiate Criminal Proceeding against the power of attorney holder on behalf of the company, More specifically, Is it possible to initiate Section 138 case under NI Act against the power holder incase of any cheque given by the power holder on bahalf of the Proprietor gets bounced.
Kindly Clarify. Thanks in advance.
Regards
Vijay