Madhu Mittal
02 November 2020 at 11:45
Summon u/s 138 N I Act is given by Dasti in two copies by court to complainant . One copy is sent to Address of Accused by Rgd post AD. On the date of court hearing other copy of summon with postal receipt of Regd post AD is handed over to trial court, thus summon is deemed to have been served.
Now Bailable Warrant is issued and given Dasti to Complainant. Now my humble query is that Whether the said Bailable Warrant be sent by Rgd post AD to concerning Police station to be executed and the photocopy of said Bailable Warrant along with Rgd post AD receipt be handed over to trial court as proof of sending Dasti to Concerning police station. Otherwise if trial Court ask where is Bailable/Arrest warrant given Dasti, complainant has no answer. Is there any illegality in it, because a policeman gave confusion to us by telling that Bailable Warrant as well as Arrest Warrant Can not be copied and photocopy of said can not be given to court alongwith regd postal receipt, it is some type of offence.
This is required as in general, whenever a Bailable/Arrest warrant is issued, if not taken Dasti, it is hand over to policeman without taking any receipt thereof, and if it does not returned back either executed or non-executed, no follow up action is taken by court, and simply issue another Bailable/Arrest Warrant,and keep on doing so. By taking Dasti, and sending to concerning Police Station by Regd post,at least it is proved that bailable warrant has been posted at least concerning Police Station.
BHARTI KOTHARI
30 October 2020 at 11:40
Mr. A given a Loan to Mr. B for Rs. 40 Lakh by bank transfer.
and Mr. B as well Mr. C, father of Mr. B has signed the promissory note.
and then Mr. A has issued cheque [ 40 lakh] towards repayment of loan amount which got bounced.
on complaint to Mr. C being father of Mr. B has issued a fresh cheque [40 lakh]for the repayment loan amount but this also got bounced.
Now we send legal notice to both of them about dishonour of their respective cheque towards loan repayment.
and ultimately filled criminnal complaint but the magistrate asking for seperate court fees on each cheque i.e. court fees on 80 lakh.
being legal academic query coming before me for first time please help on the subject
Anonymous
30 October 2020 at 08:54
Dear gentlemen
May I request you to give your advice for my problem.
I am working in Saudi Arabia since 2007 and my family was also living with me in KSA.
In April 2018 I left the kingdom on final exit with my family and settled in Davanagere karnataka.and in the same year.
After a month I joined another company and staying alone. And my family is in India.
Since 2008 my father in law (wife’s father) taken money from me till 2013 .In fact he is running illegal real estate business. He promised my wife that he will give some properties from his business I have given 1.06 crores through bank and 65 lakhs by cash .He invested this money and made lot of money and properties
But he has given properties worth of Rs 125700 and Rs 174500 then he made all properties in his son’s name. Still he has to pay me Rs 15668500 plus interest or the properties worth of my balance money and interest.
Recently I came to know that he has made properties within his family transferred all the properties in his son’s name he has taken release deed from my wife and her 4 sisters.
The issues
1) Out of 2 properties one property is in litigation. A land measures 2.05 acres is encroached by another person and I have left with less than 1 acre. My father in law is not ready to resolve the issue as per sales deed.
2) I have to recover my money worth of 1.06 crores which I have given officially through bank from my wife’s NRE account.
I have the following issues
As we were living in Saudi Arabia as residents up to April 2018. I believe cause of action or limitation starts from April 2018 – correct me if I am wrong.
I have approached him several times but he never cares about my wife’s words I have no contact with him since 15 years. All the transactions happened through my wife.
I want to know whether the limitation is over or is it effective from April 2018.
Could you please help me with this issue and suggest a good advocate for me
Anonymous
29 October 2020 at 23:08
Dear gentlemen
May I request you to give your advice for my problem.
I am working in Saudi Arabia since 2007 and my family was also living with me in KSA.
In April 2018 I left the kingdom on final exit with my family and settled in Davanagere karnataka.and in the same year.
After a month I joined another company and staying alone. And my family is in India.
Since 2008 my father in law (wife’s father) taken money from me till 2013 .In fact he is running illegal real estate business. He promised my wife that he will give some properties from his business I have given 1.06 crores through bank and 65 lakhs by cash .He invested this money and made lot of money and properties
But he has given properties worth of Rs 125700 and Rs 174500 then he made all properties in his son’s name. Still he has to pay me Rs 15668500 plus interest or the properties worth of my balance money and interest.
Recently I came to know that he has made properties within his family transferred all the properties in his son’s name he has taken release deed from my wife and her 4 sisters.
The issues
1) Out of 2 properties one property is in litigation. A land measures 2.05 acres is encroached by another person and I have left with less than 1 acre. My father in law is not ready to resolve the issue as per sales deed.
2) I have to recover my money worth of 1.06 crores which I have given officially through bank from my wife’s NRE account.
I have the following issues
As we were living in Saudi Arabia as residents up to April 2018. I believe cause of action or limitation starts from April 2018 – correct me if I am wrong.
I have approached him several times but he never cares about my wife’s words I have no contact with him since 15 years. All the transactions happened through my wife.
I want to know whether the limitation is over or is it effective from April 2018.
Could you please help me with this issue and suggest a good advocate for me
Anonymous
29 October 2020 at 22:08
Dear gentlemen
May I request you to give your advice for my problem.
I am working in Saudi Arabia since 2007 and my family was also living with me in KSA.
In April 2018 I left the kingdom on final exit with my family and settled in Davanagere karnataka.and in the same year.
After a month I joined another company and staying alone. And my family is in India.
Since 2008 my father in law (wife’s father) taken money from me till 2013 .In fact he is running illegal real estate business. He promised my wife that he will give some properties from his business I have given 1.06 crores through bank and 65 lakhs by cash .He invested this money and made lot of money and properties
But he has given properties worth of Rs 125700 and Rs 174500 then he made all properties in his son’s name. Still he has to pay me Rs 15668500 plus interest or the properties worth of my balance money and interest.
Recently I came to know that he has made properties within his family transferred all the properties in his son’s name he has taken release deed from my wife and her 4 sisters.
The issues
1) Out of 2 properties one property is in litigation. A land measures 2.05 acres is encroached by another person and I have left with less than 1 acre. My father in law is not ready to resolve the issue as per sales deed.
2) I have to recover my money worth of 1.06 crores which I have given officially through bank from my wife’s NRE account.
I have the following issues
As we were living in Saudi Arabia as residents up to April 2018. I believe cause of action or limitation starts from April 2018 – correct me if I am wrong.
I have approached him several times but he never cares about my wife’s words I have no contact with him since 15 years. All the transactions happened through my wife.
I want to know whether the limitation is over or is it effective from April 2018.
Could you please help me with this issue and suggest a good advocate for me
Balaji Bakthavathsal
27 October 2020 at 17:17
Respected learned lawyers,
I humbly request you to clarify the following doubt of mine in the Criminal Law Procedure.
A cheque bounce case was filed before the District Munsif-cum-Judicial Magistrate u/s.138 r/w 142 of Negotiable Instrument Act and also directing the accused to pay a sum of Rs.2,75,000/- as compensation u/s.357(3) of Cr.P.C. On the date of judgment, the accused was absconding and hence NBW was issued against her by trial court. The Trial Court came to the conclusion that the case against was proved and the accused was convicted and sentenced to undergo S.I. for one year for the offence and also directing the accused to pay a sum of Rs. 2,75,000/- as compensation amount. Since the accused was absconding, the trial court issued fresh non- bailable warrant against the accused for securing her to undergo the imprisonment.
Meanwhile, the accused filed an appeal petition in the sessions court challenging the judgment and conviction passed by the lower court.
In the result, the criminal appeal was dismissed and confirming the Judgment and conviction passed by the learned District Munsif-cum-Judicial Magistrate, directed to take further steps according to law to secure the appellant/accused.
However, the accused is found roaming scot free and it appears that the accused has not undergone he imprisonment. How is this possible ? Is there any way in the law to waive the imprisonment awarded by the lower court which was confirmed by the next appellate court ? Please elucidate.
Thanks & Regards
Ravichandra
26 October 2020 at 10:08
Sir,
My wife filed a case against her sister and brother in law. Section is 509. Now she is ready to take it back with terms and conditions. KINDLY HELP WITH THIS 4 POINTS ONE BY ONE. PLEASE.
1) is it enough if she writes terms and conditions on lok adaalat proforma paper in court AND get it Signed?
2) or is it better to write & get signed outside on a white paper?
3) or is it better to get them writes on bonded paper and get it notarized?
4) incase if they trouble again can she get the case opened anytime again? Is it possible to get case opened again if so what is the process?
Tara Dutt
25 October 2020 at 19:22
An ASJ of Delhi Court has implicated an honest Police officer in false case of attempting bribery to him. The alleged Police Personnel was dismissed from the job on that same day. His own department did not do enquiry, whether, the complainant ASJ had asked for bribe or not. Even, a police personnel who was wroking as Naib Court in the same court, he has been used as star witness to implicate that police personnel. Whether in this case, CJI, India can be approached with the complaint of that ASJ, while the same case is in trial and defence stage in the District Court, Delhi.
Amresh Choudhry
20 October 2020 at 18:38
Dear Sir,
A boy and his family is troubling us repeatedly earlier he was forcibly stopping us from constructing boundary wall on our vacant piece of residential land by threatening us and our workers, blocking our house entrance,throwing stones and abusing us lateron he posted defamatory post on facebook also last year in the month on Nov.This year in June somehow we constructed our boundary after bowing to his demands.But as i have suffered financially and mentally so i have made complaint to cyber cell and have also filed criminal and civil court case against him and his family but on 1st date of hearing they didn't turned up,next date of hearing is 30th Oct.Now this boy is making threatening calls to my mother and my wife to force me to withdraw my case police has just fwd my complaint to SDO under 107 .My mother is at my native village i am at Faridabad and case has been filed at Faridabad court.
How can i stop him from threatening my family/How can i get FIR registered
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Property attachment in chq bounce case
Dear Experts,
I had rented a shop for which I paid rs.2 Lakhs Advance. After I vocated the Shop the owner asked me time to return my Shop Advance amount. But it is almost 4 years have gone. He did not pay the Shop Advance amount. I made a police complaint. Police enquired and asked the owner to give a ChQ worth rs.2 Lakh. The ChQ is bouncing due to insufficient money. I filed ChQ bource case. He did not attend Court. Finally Court passed Ex-Parte Order.
My Question:
1) Can I ask Court to attach his property? I have taken EC & His House document through sub-registrar office.
2) If not, Is there any other way I can get my shop advance Back?
Thanks In Advance
Ram