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Queries Participated

Anonymous   15 June 2011 at 01:40

Complaint

FACTS OF THE CASE:
A criminal complaint was filed against a person alleging non-cognizable offences. The Ld. Magistrate took cognizance of the alleged offences but conducted inquiry U/s.202 Cr.P.C before issuance of process. After six months a public servant filed a similar complaint against the same person alleging same offences and the Ld. Magistrate also took cognizance of the offences. But while issuing process in the earlier case, the Magistrate in his order says that since he has taken cognizance in the case filed by the Public Servant for the similar offences alleged in the first complaint, the first complaint is clubbed with the complaint filed by the Public Servant.
Now the complaint case filed by the public servant is not proceeding for some reason. When the complainant in the first complaint case files a petition praying therein to issue summons to the accused, the Ld. Magistrate by his order says that the first complaint is not in existence and the complainant has no locus standi to file such a petition.

My query:
Whether two private complaints can be clubbed. If yes, under what provision of law?

Whether the Magistrate is justified is saying that the earlier complaint is not in existence and the complainant has no locus standi?

Whether the complainant in the earlier complaint is precluded from pursuing his complaint case irrespective of the fact that another complaint alleging same allegations has been filed by a public servant and the same is pending?

Kindly let me know the provisions of law and citations on the above points?

Anonymous   09 June 2011 at 13:50

VAT

Whether Slump sale will attract VAT?

Anonymous   11 August 2010 at 21:49

The Representation of the Peoples Act

Hello Experts.

My query is as follows:

If an independent candidate dies after the date of withdrawal of nomination and before 20 days of the Poll yet his name appears in the list of contesting candidates:

(a) what is the duty of the Returning Officer?

(b) what will be the effect on the result of the election?

(c) what will happen to the votes casted in favour of the dead candidate?

I shall be grateful if some case laws on the issue is given.

Sumit Lal   23 April 2010 at 22:32

Law Officer

Respected Seniors and Experts,

In a given case, a person is working as a law officer simultaneously in more than one organisation. He is representing the respective organisations in the Court of law.

Can an individual act as a law officer simulataneously in more an one organisation?

Sumit Lal   24 November 2009 at 21:47

N.I.Act

Respected Seniors and Experts.

In a case filed under Section 138 N.I.Act, the complainant is a proprietorship firm but the complaint has been filed through the power of attorney holder and not by the Proprietor.

In cross examination, the power of attorney holder has categorically stated that he has no personal knowledge about the business transaction with the accused. No more witnesses have been cited by the prosecution.
My Query is :

in the circumstance Can a power of attorney holder give evidence in Court on behalf of the proprietor with regards to the facts to which he does not have any knowledge?

Kindly refer few case laws.

Sumit Lal   09 November 2009 at 12:11

Negotiable Instruments Act

Respected Experts and Seniors.

In a trial under N.I.Act, I am appearing on behalf of the Accused. I have taken a defence plea that the complaint is premature and is liable to be dismissed.

In the present case the complainant has avered in the complaint that he had send the notice by registered post with A/D. But neither the A/D nor the postal cover has been received by him and he has lodged a complaint before the Postal Authorities.

The complainant amongst other document has exhibited the Notice and the letter (complaint to te Postal Authorities).

Pls note that the notice is dated 06.09.08 and the postal complaint is dated 25.09.09. It is pertinent to mention here that in the letter dated 25.09.08 the complainant has categorically stated that the letter has not yet been served on the accused. The complaint has been filed on 04.10.2009.

Please bear in mind the dates.

My query is : Whether the complaint has been filed prematurely.

Sumit Lal   09 November 2009 at 12:09

Negotiable Instruments Act

Respected Experts and Seniors.

In a trial under N.I.Act, I am appearing on behalf of the Accused. I have taken a defence plea that the complaint is premature and is liable to be dismissed.

In the present case the complainant has avered in the complaint that he had send the notice by registered post with A/D. But neither the A/D nor the postal cover has been received by him and he has lodged a complaint before the Postal Authorities.

The complainant amongst other document has exhibited the Notice and the letter (complaint to te Postal Authorities).

Pls note that the notice is dated 06.09.08 and the postal complaint is dated 25.09.09. It is pertinent to mention here that in the letter dated 25.09.08 the complainant has categorically stated that the letter has not been served on the accused and the complaint has been filed on 04.10.2009.

Please bear in mind the dates.

My query is : Whether the complaint has been filed prematurely.

Sumit Lal   09 November 2009 at 12:07

Negotiable Instruments Act

Respected Experts and Seniors.

In a trial under N.I.Act, I am appearing on behalf of the Accused.

In the present case the complainant has avered in the complaint that he had send the notice by registered post with A/D. But neither the A/D nor the postal cover has been received by him and he has lodged a complaint before the Postal Authorities.

The complainant amongst other document has exhibited the Notice and the letter (complaint to te Postal Authorities.

Pls note that the notice is dated 06.09.08 and the postal complaint is dated 25.09.09. It is pertinent to mention here that in the letter dated 25.09.08 the complainant has categorically stated that the letter has not been served on the accused and the complaint has been filed on 04.10.2009.

Please bear in mind the dates.

My query is : Whether the complaint has been filed prematurely.

Sumit Lal   27 October 2009 at 19:11

N.I.Act

Respected Seniors and Experts.

I am appearing for an accused in a trial under Negotiable Instruments Act.

The Complainant being a proprietorship firm is represented through its power of attorney holder.

In the cross examination the power of attorney holder has admitted that

(a) the instrument (Power of Attorney) was not filed along with the complaint. In otherwords while taking cognizance of the offence, the Magistrate has not seen the power of attorney.

(b) admittedly the name of the proprietor has not been disclosed in the complaint.

(c) He has admitted that he is not authorised under the power of attorney to undertake business activities. He has further admitted that he does not have the knowledge about the business transactions.

With the above admissions of the complainant should I file a petition before the High Court under Section 482 Cr.P.C to quash the criminal proceeding on the ground that continuance of the proceeding will be abuse of process of law.

Please Suggest.

Sumit Lal   24 October 2009 at 00:18

N.I.Act

Respected Seniors and Experts.

In the trial under N.I.Act, I being the defence counsel could not attend the Court due to illness and I filed an adjourment petition on the ground of my illness. Adjourment was allowed subject to payment of cost but at the same time, the court examined the complainant in chief and marked the documents as exhibits and posted the case to two days after for cross examination. On the date fixed since I had not recovered from my illness, I again filed a petition for adjourment on the same ground. The Ld. Magistrate rejected my petition, discharged the complainant and posted the case to next day for accused statement. I have filed a petition under Section 311 for recall of the witness for cross examination.
I request the experts to advise me on the issue supported with case law.


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