pratik
06 August 2010 at 21:43
1) Is there any pre condition for registering a FIR in criminal case.
2)Can a anybody can tell when writ petition should be filed & after filing the writ petition the judgement passed by the judge is not satisfied than can we can go for the appeal. When a writ petition is filed what things should be kept in mind. Also if a FIR is registered can any person can file a writ petition.
3)Also as per money laundering act in bombay if the loan is given by the cheque or any other mode & after some time the particular is not return or the cheque is dishonoured than the person who has given the loan can file a compliant as per section 138 of the NI act as the person who has given the loan in not a finanical business man & if he is not than he recover the loan amount. alos if any single transactions is done regarding the laon then they have to registered or they have to obtain a license under the money launder act in bombay so if the person don't gives the money or the cheque is return than he can file a case.
Thanks In Advance.
Anonymous
06 August 2010 at 21:40
In the matter filed u/s. 138 I am appearing for complainant. The accused is exempted by the court from personal appearance hence since beginning the accused represented by his advocate. Now the evidence of complainant is over but accused still avoid presenting before the court for recording his statement u/s. 313. Court directed me to take steps. But I am not aware what to do. Plz. can any Expert guide me, what to do? And under which sec?
Ram
06 August 2010 at 21:39
Dear Sir,
I am a BCom graduate. After my graduation, for two years i have worked with a retired commercial tax officer who was a sales tax practitioner and have assisted him in several sales tax appeals and cases at tribunals, filing monthly returns etc. I am very much interested in tax litigation. While at work i realised that advocates enjoy more priviliges like filing of writ petition, giving legal opinions on tax matters etc. Therefore i joined a law college where classes were upto 1:00 Pm and continued my work at the same office from 2:00 pm to 10:pm. Now i have completed my three years, cleared all the papers and have enrolled with the bar and waiting for the BAR exams on Dec 5th.
I am at present 26 years old. I have approached a lawyer having good tax practice in the city who has agreed to take me as his junior. My query is how long one work on an average under an advocate as his junior before starting an independent practice. I know the question sounds foolish as it all depends on each persons interest at work, knowledge, hard work and luck.
I know that i get paid meagre amount while at work under an advocate compared to what the sales tax practitioner pays me. But i find it is better for me to work under an advocate as i am enrolled at the bar. Given my age and the financials constraints i am asking all the seniors or established advocates how long does one work at your chamber on an average before setting independent practice. Pls reply. ur posts will be of great help to me in career planning.
regards
Ram
Anonymous
06 August 2010 at 21:38
I am a junior advocate and started independent practice since last about a year and a half . I am recently started practicing in a dist. Court in Maharashtra. in one of my matter I need expert’s help. The matter is that one civil matter is transferred to me from one advocate. The suit is for recovery of amount and interest. In the said matter summons is served long back about 3-4 years back. The defendant failed to file their appearance and w.s. the earlier advocate has neglected to attend the matter hence the matter transferred to me. (The advocate after returning the brief still trying to spoiled the matter as he is paying by the defendant. That’s why he removed by the plaintiff) Recently I found that the proof of A.D. card and a copy of application wherein order passed by the court are misplaced from the record of court. On the board of court my matter is mentioned under the caption of “for passing order on exhibit” but The judge is not ready understood the matter and simply avoiding to hear the matter and/or passing the ex- parte order. The judicial clerk giving me dates stating that on next date ex- parte order will pass. Under the circumstances what should I do?
Plz. help me and guide me in details.
pratik
06 August 2010 at 21:25
1) Who many anticiparty bail or interim bail can a person can get form the court. Any case laws or which section should be refered to known that how many bail can a person can get.
2) A lower court has contempt the order or judgment or decree in any matter of the higher court which is over & above him than the contempt petition should only be filed under the High court & if not satisfied than to the supreme court. pls tell me whether i am wrong or right.
3) Regarding non registration of FIR. If police does not regisrer the case after getting direction from magistrate then the magistrate can do order for contempt of court and can punish the delinquint police officer. Contempt of court 1971 empowers high court and supreme court.But for particular cases magistrate can punish for contempt of court.Also pls define a particular cases as per this para.
Pls tell which section says the point 3.
Thanks In Advance.
Anonymous
06 August 2010 at 21:22
Sirs,
Kindly guide me
Being a pensioner ,I had home loan timely submitting installment and though I deposited the details to Bank where my pension is drawn & I had a fixed Deposit also there, but du8e to wrong calculation by Bank I was told no IT is payable ,when I calculated IT comes to Rs.300/-
My query is ;-
Can I deposit IT Rs.300/- only or any penalty OR may I request IT authority to waive off if any Penalty if to be imposed on me ?
advance thanks pl.
pratik
06 August 2010 at 21:13
1) Whether the debt without having the licence is legally enforceable within the meaning of the NI Act? Also i have heard that if the lience is not there than All Money Lenders Act prohibits the recovery of Loan amount advanced without license. Do bombay money lender act say the above mentioned if yes than as per which section. So we can come to a conclusion that if the lience is not there then we can't file a case under the NI act under section 138.
2)Can bail application be made after the charge-sheet having been submitted? What
factors, then are required to be considered for determining the said application?
Thanks In Advance.
vinaykala
06 August 2010 at 20:55
DEAR SIR,
CAN I FIND ANY SITE WHERE THE PRESENT , AND NOT PROPOSED, LAND OF LOCALITIES OF DELHI CAN BE FOUND.
I WOULD LIKE TO KNOW THE CURREN LAND RATES PSM FOR GK II
pratik
06 August 2010 at 20:53
All IMP POINTS REGARDING THE FIR , CHARGESHHET ITS AMEND PROCESS VERY THING ABOUT THE CHARGESHEET & FIR PLS.
AS I AM NEW TO THE CRIMINAL LAW.
When a FIR is filed than chargesheet is made ? Pls tell me when a chargesheet is made & when a chargesheet should be made or it is complusory to file a civil case or criminal case chargesheet should be made or if the chargesheet made lost by the any person or any police depatmennt officer of any range than whole is responsible or any fine or penalty & if the chargesheet is lost than what to do what is the process after that. The things mentioned under the chargesheet can be included in the judicial proceedings as a evidence to decided a case & after filing the case can a police officer of any range can alter or amend the points mentioned under the chargesheet or court permmission is required. Which is more imp fir or chargsheet.Were to report if the Fir or chargesheet is lost.
Thanks In Advance.
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Application under 156(3)
A got FIR registered through 156(3) against B,C and D u/s 420/120B etc. subsequently due to circumtances, A recorded his statement under 161 releiving B from accusations and also gave affidavit to B to assure him that his name is cleared. however investigation will go on against B and C. What will be the implications