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Queries Participated

Rajarshi Bhowmik   23 July 2014 at 23:48

156(3) crpc

I have filed one application U/S 156 (3) before the Ld CJM on 12/03/2014 but most unfortunately the Ld CJM after hearing as well as primarily examining the complainant on Dock was pleased to reject my application on the ground of solely Lack of Jurisdiction accordingly I filed a Revision Application before the Ld Season Judge and after hearing The Ld Season Judge was pleased to allow my application observing that not only the Jalpaiguri Court but the P.S. also has Jurisdiction to deal with the case more over had directed Ld CJM to dispose my petition on merit U/S 156 (3) on 11/07/2014 accordingly I along with the certified copy of the Ld season Judges Order filed a Put-Up petition before the Ld CJM on 18/07/2014 and preyed that as in accordance to Ld CJM's order dated 12/07/2014 which is still good and not set a sideand in which Ld CJM was pleased to observe that there might me sum merit but he was pressing to prove the Jurisdiction and s the order of the Ld season Judge is clearing the doubts regarding the jurisdiction point and as Ld CJM on 12/03/2014 had already examined the complainant and also my complaint petition he may be pleased to send my original complain petition to the P.S. Directing the I.C. of the P.S. concern to register case after treating the same as FIR .But Ld CJM did not pay any heed towards my submission and order that Complainant should himself present again with all the documents before him on 12/09/2014. I gain said that my complain discloses the offenses punishable which is punishable U/S 409 of I.P.C. and if at all any further enquary needs to be done it can be done by the special Court but Ld C.J.M. flately told if I am dissatisfied with his order I may approach higher Courts to set a side his order. Now I had almost decided to file another Revision before the Ld Season Jude again.

Now Experts my points are:-

(1) Whether The Ld CJM has any authority to examine the complainant and go through all the documents again?

(2) Whether Ld CJM is uthorised even to examine the complainant on Dock to dispose a petition U/S 156 (3)

Can you all be pleased to provide me any citation over this issue.

Regards

Rjarshi Bhowmik

[ADVOCATE]

Member (Account Deleted)   05 May 2013 at 14:44

Query about cruelty

I have filed a divorce case under cruelty since December 2011 and my cross-examination is going on.Now suddenly out of the blue,my wife has emailed my cousin sister with a lengthy email making all sorts of false-accusations about me and denying any problems from her side(She hid previous uterine disorder from me).Can this also be considered Cruelty?
If so,how can I add it onto the affidavit as my cross-exam is going on?

Harrased   27 April 2013 at 22:20

Need advise

My wife has filed 125 by aleging of beating and dowry demand by me n.my family and in counter I filed HMA13 . I want to know that id there any adverse to file HMA13 first ?

Harish Chauhan   26 April 2013 at 20:29

Vehicle supertdari

I got my truck on supertdari from maharashtra court in 2010 and Now I am planing to sell it please reply best

1. Can magistrate summon me to produce vehicle before court in any time ?

2.Is it mandatory to produce vehicle in court when I seek permission before magistrate to sell it?

vikram patil   22 April 2013 at 14:53

I want information sir

i want information about burden of proff

if plaintif files suit against defendent ,then who is liable to prove the main fact,
what the law say about it,

sachin sethi   20 April 2013 at 18:54

Code of criminal procedure

A girl filed a criminal complaint under section 498-A IPC and her request under section 156 (3) Cr. P. C. was allowed and an F I R was registered in the matter. But before accused could have been arrested, they entered into compromise with that girl and obtained affidavit from her, and submitted the affidavit before Superintendent of police. The girl also returned to her matrimonial home and the F I R has now been cancelled by the police but the same is yet to be submitted before the concerned court..



In the meanwhile the girl is again turned out of her matrimonial home, with no chances of reconciliation, and she again filed a criminal complaint before the concerned court, mentioning all the previous occurrences and registration of F I R etc. along with fresh details and additional accused and with a prayer under section 156 (3) Cr.P.C. for registration of case. Now the concerned court is insisting that two F I Rs in same matter can not be registered however the court has sought the status report of previous F I R and it is clear before the court that police has cancelled the previous F I R. Now my queries are:-

Whether in the above mentioned circumstances registration of F I R upon complaint (which is second in point of time) is permissible, especially when fresh detail, occurrences and additional accused are there..

Whether there is any case law/precedent in in this is regard, where such a request has been allowed..

Jinesh   20 April 2013 at 17:43

Children liable for parents debt

Sir, My father had two brothers and we lived in joint family. My father's elder brother handled everything as a head of family. He took loans from banks in the name of different family members. He took loans on my the name of my mother and father. but they are unable to repay it. Actually they not get a single rupee from that loans but name was their so they are defaulter now. When they did this, me and my brother was minor and now we both are working and managing ourselves gradually. My father has nothing to give us as we are heirs. Are we liable to repay that loan? What should I do? Please Reply.

Thank You sirs for your humble reply.
Mr. Prabhakar Singh:
One of the Loans is taken on 27/11/1996 and from criminal court one decision document was there that you have taken loan on this date of this amount and on 18/12/2003 due amount is this. you have to present within 10 days.
But my father has not payed anything. And I heard that that bank's licence is going to cancel by RBI. Its a co-operative bank. and after this date 18/12/2003 no communication from bank.

Mr. Kumar Doab : What if loan is taken before 2005?

Uday   20 April 2013 at 17:26

Cheating

Can officer be punished if he is involved in a scene where complaint is not given and incident does not fall under his area of duty..
Example: telephone conversation as evidence where he threatens the person of being booked and he helps the other party to trace residence address with help of mobile number by using his power.

Please provide me an advise.

Thanks & Regards,
Uday

Raju bhai   19 April 2013 at 13:13

Crime by children

I have a little land behind my house.There is a room in which a Beauty Parlour is got run by my wife .This is why we have to kept the main gate opened for customers movement.I have some fruit's tree in this campus like Mango, Guava etc.A boy aged about 12 years old often intered into the campus plucks fruits , irritates , abuses and fly away.We have complained many time to his guardian about his activities but they don't take care and become aggressive to quarrel with us.

In above situation you can imagine about our mantal position.I have tried my all efforts to improve the position but fail.

Now I want to go ahead only with law against such crime.

Please suggest me law related above and advise me what to do ?

Adv. Mohan Chandra   19 April 2013 at 12:08

Fortmat of notice for cheque bounce civil suit

A client had made payment of dues by cheque in September 2012 which bounced and no action was taken by me in good faith during the statutory period, I would like help of friends here on procedure to file a Civil Suit and if it can be filed under N.I. Act and will appreciate if help is received in drafting the notice or format of a notice for recovery under Civil Suit is given.

Thanks