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vinod bansal   12 November 2009 at 21:40

COMPLAINT DISMISSED FOR WANT OF SANCTION

R/ All Members
I have filed a crl complaint against a public servent(only one accused) that has been dismissed by court for want of sanction,now i have to file appeal or revision against this order.Kindly helpThanx

Manoj Kumar   12 November 2009 at 16:05

need sugestion regarding this

release of amount at the time of bail, in case of death of the accused

Anonymous   12 November 2009 at 13:38

PUNISHMENT

Dear expert.,

by ignorance of existance of cyber law., if crime happens.( like sending harrasment mail for one week)

what is punishment at first instance and on repetition of crime.

Silabhadra Sastry Advocate   12 November 2009 at 12:46

Dipencing Personal Appearance of The Accused in Criminal Cou

Hi Friends I am Silabhadra Sastry,Advocate,Bhubaneswar.I need one citation / decision preferably of Supreme Court of India, on the subject of refusing to Dispence Personal Appearance of the Accused U/s 205 0f Cr.P.C. as the cognizance has been taken against the accused u/s 420,468 and 471 Of IPC. The petiton is not to be aloowed as the accused has involvment in cheating of Lakhs of rupees being a company's Senior executive and on only ground that he is a busy functionary of the company and moving frequently out side,though his offfice is close to court who summoned him to appear in person.urgently I need some citations on today.regards S.Sastry

Anonymous   12 November 2009 at 11:16

regarding cheque dishouring

dear sir
a company give a legal notice on 19.11.2008 of 138 of nia act.tii date i cant reviced any notice or warrent from the court. what is the procedure of 138 nia act. by some person i hearid the compilent is dissmissed by the court on the ground non apperence. what is the next step takan by the company . cheque is dishonored 10.10.2008 with remaks account closed

Anonymous   12 November 2009 at 10:35

CYBER DEFAMATION

Hi, I will explain a situation. The first email is being sent out by my cousin sister, who has got married to my cousin brother and my cousin sister has vexed out with the attitude and behaviour of my cousin brother and has come back to her home and now not living with my cousin brother. As our family is being relative to both of them, we wanted them to mutually settle and make them live together, however, my cousin sister is not ready to live with my cousin brother. Even though both have flaws on themselves, they are pointing out each other and my cousin brother has filed a petition in court for reunion, however, my sister is not ready to live with him.Already 4 hearings have passed away and they are not living together for nearly 10 months. In between my cousin brothers mother called up my father and has used oral words defaming my family by connecting my mother with my cousin sisters father, which we got really annoyed as my cousin brothers family thought that we are the family who are stopping my cousin sister from living with my cousing brother, which is really untrue. This made me worry and they have started to propogate this to all my family members, which really made me annoyed and I sent an email to my family members ( Forwarding my cousin sister email addressed to my cousin brother telling that she got vexed living with my cousin brother in just 45 days of her married life ), along with I mentioned few points where my cousin brothers mom has behaved very badly and I have asked some questions about my cousin brother and about cousin brothers mom like loose legs, not having guts, stupid, etc, however, I havent used any unparlimentary words. My cousin brothers mom, after 1 month, took this to police station stating cyber crime and called me for an enquiry and this got mutually settled by asking apologies. Now , after 5 months, again, my cousin brother mom has sent me a legal notice stating that its a defamation. My questions are now is :

1. Will this become double jeopardy ? but there is no proof with me that we have went to police station for enquiry

2. Will this be a defamation as even though everything I did in good faith, asking my family members to advice my cousin brothers family as they started speaking volgourily to my father orally ( no proof ) but its true, but they have the copy of letter which I have sent to my family members, where I have addressed to my cousin brother and cousin brothers dad and marking bcc to all my family members, where I have even stated that I marking all you in bcc as I dont want to spoil your relationships with my cousin brothers family.

3. What are all the points I could state from my side ?

4. Is it worth for me to put a defamation case against them ?

5. They are now asking for 11 lakhs as they are stating that this has caused an irrepairable loss for them. What can i do now. advice me on this asap !

6. When we requested police to provide the copy of the apology letter, they are stating that without consent of my aunt they wont give it. When I requested to provide the apology letter given by me they are saying that it has been sent to AC office.

7.Will this letter help me in anyway. If yes, how can I get it.

8. Will this be a double jeopardy as the first they called for police enquiry and mutually got settled and now they are sending us a legal notice after 5 months ?

Give me points if possible.. Many thanks in advance, Best Regards...


Anita Dores   12 November 2009 at 09:42

Summary Trials

What is the Importance and scope of Summary Trials? I also need a Case Law Relating to Summary Trials. Need help!

Gundlapallis   12 November 2009 at 03:52

Amendment of complaint

In a Domestic violence case:

A relief remained not asked for due to typographic ommission. I filed a petition for amendment of the complaint for inclusion of that relief in the complaint - but court returned the petition with note that since its a criminal court amendment of complaint cannot be granted.

I filed this petition u/s28(2) of the DVC Act. After my arguments the magistrate conceded to admit my petition if i can show him any precedent authority (any higher court)

Now the questions are:

1. For the typographic ommission should the petitioner loose her right for permanent maintenance?

2. Is there any citiation to help my case?

Thanks a lot in advance.

Rajkumar Makkad ji

Earlier when i posted this you answered yes i can seek amendment of complaint... can u plz help with a suitable citation? if there is any, I did not come across till now. i have 3 days more time to reappear before court on this issue.

Thank u.

MAAZ   11 November 2009 at 22:34

citation / law point and guideline

- An employee (Shorty) steals the cheque book of his employer / shop-owner (Hardy).

- Hardy (Complainant) lodged an FIR against Shorty.

- Advocate for Shorty along-with pre-arrest bail application also submits an agreement of a huge amount (gives numbers of FOUR cheques from said stolen cheque book) claiming that such agreement was signed by the Hardy but Hardy declares the same (his signatures on the Agreement) as fake / forged and untrue.

- Shorty obtained a pre-arrest bail from court

- The case is at the stage of investigation, Police did not submit the Challan till now, Shorty is still on pre-arrest bail.

- Advocate for Hardy (the complainant) submits a application before the court for the verification of signature of Hardy from an Expert,

Question:

Court asks question from the Advocate for the complainant, whether such an application for the verification of signature from an Expert can be moved at this stage of Bail period?

I shall be thankful if any colleague / expert can provide me some citation / law point and guideline.

With regards,
MAAZ


Vennila   11 November 2009 at 13:26

CHIT FUND FRAUD!!!

Hi Everybody,

Greetings!!!

Please suggest!!!

What are the actions can be taken against Chit Fund Fraud, Already complaint is filed by the public. We are not aware of the follow-ups that has to be made from the public's end. Please guide us.

Best Regards,
Nila