mumthasashraf
18 April 2015 at 05:56
DEAR SIRS,
i have filed a complaint u/s 138 NI Act against an accused. but, now, it is reliably learned that the accused has absconded to gulf countries, after taking bail.
what can i do ?
whether i should inform the passport authorities or concerned embassies ?
pls advise me, sirs..............
thanking you, sirs in advance.
MUMTHAS ASHRAF
ADVOCATE
mumthasashraf
13 March 2015 at 21:07
sirs,
i have an important question to ask you all on the legal sanctity of a budget passed today in kerala state assembly.
today , finance minister km Mani was supposed to lay the budget on table. but, there was an accusation of bribery case against him. hence, the opposition has already said that they will not allow Mr. KM Mani to present the budget. As expected, today kerala assembly witnessed a lot of rotten scenes .Finance minister Km Mani and speaker were interrupted from entering to the house . but, finance minister came back on the second floor and read the budget from another MLA's chair and declared that the budget has been passed.
subsequently, the speaker, who was admittedly , not in the house, latter said that he has given permission to the finance minister to present the budget, in his absence.
secondly, chief minister also contented that finance minister has requested for the change of seat, from his regular seat to that of another MLA and he , in turn has forwarded the request to speaker and he has already allowed it also.
so, on these two points, the the budget is legally valid.
if the opposition prevents the finance minister and speaker from getting the budget passed, in such cases also, whether the procedures as laid down in legislative rules have to be strictly complied with ?
whether a slight deviation will make the budget invalid ?
if it is allowed, then every opposition will try this unscrupulous method in future .
SO, BREIFLY EXPLAIN THE PROCEDURE OF PRESENTING A BUDGET BY FINANCE MINISTER IN STATE ASSEMBLY ? AND , WHEN, MINOR DEVIATIONS IN THE PROCEDURES ARE ALLOWED ? HOW IT CAN BE PASSED, WHEN OPPOSITION PREVENTS THE MINISTER AND THE SPEAKER AT THE ENTRANCE ITSELF ?
ANY CASE LAWS ?
MUMTHAS ASHRAF
Anonymous
26 October 2011 at 19:20
sirs,
this query is more relavant now-a-days, than in yesterdays !
suppose, a magistrate wilfully makes wrong and perverse judgement, only due to some vengeance towards the client's/counsels behaviour towards the court, then also, the only remedy available to the aggreived is to file an appeal/revision against the illegal judgement ? nothing can be done against the wrongdoer magistrate ?
A judge/magistrate is totally immune to any legal proceeding ?
whether something about the "irresponsible attitude of the magistrate " can be mentioned , in the memorandum of appeal , and an action against the magistrate can also be prayed for , in the appellate court, along with the prayer for acquittal of the accused in the appellate court ?
and, whether there has been any incident , in which a magistrate has been scolded by the appellate court, for making "irresponsible judgement " ?
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Offence u/s 406 , 419, 420, 468, 471, 120(b) ipc
sirs,
i have some doubts on the following aspects. pls help me, sir .
1. whether a person can file a 138 case and a police case for an offence u/s 420 ipc, based on same set of facts , between same parties ? any rulings to that point ?
2. what is the difference between 403 and 406 ipc ?
3. if a person introduces himself to others with some other name ( not with his official name ) and tries to canvass business, then fails to perform his promise, whether it is sufficient to fasten criminal liability u/s 419 r/w 420 ipc ?
4. whether a mere possession of a forged document an offence ? when 468 becomes 471 ipc ?
4. in a 420 case, there are 2 accused. they hold a joint account . issues a cheque to complainant... it was signed by one of the accused only.....what is the criminal liability of unsigned accused , in a police case ?
thanking you all, sirs ......