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vinod bansal   30 May 2009 at 18:05

UNDERTAKING IN LOK ADALAT

R/Members
I filed a complaint us 138 of NI Act & later on compromised was effected in between myself & accused & case was withdrawn by me but a statement/undertaking of the accused was also recorded by Honeble court while withdrawing the case that he will pay remaining amount (sattled as per final sattlemen in both parties)on or before 4-6-09.I want to know what legal action i can initiate in case accused didnot paid sattled amount on fixed date against accused for breach of undertaking given in court in writing & under which section/provision, Thanks

sadiq   30 May 2009 at 11:31

section 498 A

sir, me and my family had been filed under section 498 A in 2004 , there is no need to say the claim is false as we have gone to our native plave for my marriege and on the fourth day of my wedding my brothers wife fought with my brother and after our returning to mumbai they have filed this complain, but on interim basis police denied to ragister the same as so many days have gone , then he applied in the court and court asked police to investigate the same the the report given by poilice was in our favour luckily, but after 6 months when that officer gottransfered he agian gone to the police and have filed F.I.R against us under sec 498 A , and the police report says that on the 4th day of my wedding we have tried to burn our brother in law , so non bailable warrent had been issued and luckily we all got bail too , but still court dates are going on , there are two type of reports from a same police station , please suggest what to do , i have taken this as a marriage gift from my brother in law as the drama started just 4 days after my wedding.

waiting for your suggestion

Satish   29 May 2009 at 22:53

S. 309 IPC

I had heard earlier that s. 309 IPC is declared as void by Supreme court. Whether it is correct?
If yes pls provide me the details of the said judgment.

ksadavijaykumar   29 May 2009 at 17:59

Negotiable Instruments Act 1881

Query:Dt 29.05.2009

'A' has delivered a cheque to 'B' under a private understanding of business, the cheque is ordered pay to "BA a/c no.123456"
and crossed with payee's a/c only, the B presented the cheque in his bank account(B's name only) which was dishonored by "A", consequently B issued a notice under sec.138 of NI Act 1881 and proceeding for filing a criminal complaint against A.

"A" is under pretext and assumption that the "B" is not having a clear ownership or title over the value of the cheque or on the cheque under sec.8 of NI Act 1881, hence the complaint is not maintainable.

kindly clarify whether the argument of the A is correct or wrong? is complaint maintainable or not?

Sumir   29 May 2009 at 11:55

time boundness of filing case

Since I want to levy charges of ragging, destruction of evidences etc, are such cases time bound, and will court reject if their is delay by me in filing case?

Sumir   28 May 2009 at 01:39

ragging and inaction

I was ragged in 05 n again in 07,i have approached all level officials of my institute as well as police,continously fighting without lossing hope but political powers are bigest hurdle.even maharashtra human rights commission have showed helplessness,infact its judgement in the case is vague,judgements of state information commission is also absured,in short i have enough proof of proving my complain true but due to high links of institue big authorities (as above) are also bowing.i wrote an email to Honble SC,but recieved letter that it cant be entertained as it is not PIL. How to approach high court(i cant afford fees)

smith sharma   26 May 2009 at 21:50

Judicial and juristic activism

Hi,
all the respected members plz give me info abt judicial and juristic activism and plz give me detail diff. btn judicial and juristic activism.
Thnx
With regards
Mis.Smith Sharam{lawyer}

jamal   25 May 2009 at 13:25

voice samples

is court approval needed by police commossioner for taking voice samples or voice recordings of a person during enquiry.

without the f.i.r being filed can they take voice samples.

ganesh   24 May 2009 at 20:27

criminal law

my client died bcos of the hanging current wire in the road. under what sections it covers and whom r liable

Ranganath   23 May 2009 at 23:57

Anticipatory Bail Procedure

Ld Counsels,

While deciding on anticipatory bail petition why doesnt the High Court not asking for the copy of the complaint. A mere testification by the prosectution (PP and the police) is enough. Why is the HC not coming to the rescue of accsued as there is a possibility of tampering the original complaint by the police in the later point of time. Will the PP atleast have the copy of complaint before apprearing for the anticipatory bail hearing.

Also please let me know if the police/prosecution changes its stand about the alleged offenses after the AB was decided will that be legal.

Thats while appearing for AB if the police says that it is dowry harassment and after some time if it says it is a cheating case will that be legal.

Please clarify