Anonymous
16 June 2010 at 11:03
1. I had stopped a cheque as I did not believe it to be my liability.
2. Subsequently I received court summons where I appeared and pleaded not guilty.
3. I was asked by the court to appear on June 14th for next hearing.
4. I went to the court on June 14th and my matter was not listed.
5. Subsequently the officers in court checke d and gave me another date in July. I asked for the same in writing which they refused to provide.
6. Should I appear before the court again in July. Is it not necessary for the court to in writing give a date.
dipankar
16 June 2010 at 10:39
Thanks MAKKAD SIR AND ARVIND SIR ,FOR YOUR ABVICE ON BINDA RAMS CASE,BUT CAN YOU PLEASE SUGGEST THE SECTIONS UNDER WHICH HE CAN FILE FIR IN POLICE STATION.AND WHAT FIR WILL HE FILE.
My friend Binda Ram , Resident of Jharkhand,dhanbad who belongs to scheduled caste has been implicated in a false criminal case.THE fact is he was employed with BCCL,COLIERY, but due to non submission of BDO papers he was asked by the co. to sit idle until bdo papers are submitted.(his father who was an employee of bccl died in an accident in colliery so in that case bdo papers need to be submitted for his son to get the job).During the period of his service binda worked under sd singh.sd singh promised to reinstate him in job and took Rs. 30000 from him.but on unable to reinstate him till 6 months binda asked for his money.sd singh started threatening him and even went to bindas home and humiliated and threatened his wife and ailing mother before some of his neighbours. In a planned approach by him sd singh sent 2 of his sons to call binda so that he will return his money .that time was 10’o clock in the night.that time electricity was not in there in the area due to load shedding..Binda and his brother unaware of his plans went to his house. On reaching his house sd singh brought out a lathi and tried to hit binda on his head. He even tried to lock them up and then call the police .In defense binda slapped him and SD singh hurt his lip. In a planned approach sd singh went to the nearby police station and lodged a weired FIR U/S 341,323,325,448,384.In the FIR report he stated that his younger daughter aged 23 is studying in koderma 100kms from dhanbad and binda with some of his friends had gone to koderma and asked his daughter to leave studies and binda has asked her to do court marriage with him.When his daughter refused to do so he and his brother in order to take revenge has come to his house that day.But the fact is they have gone to his house empty handed with no weapon and it was sd singh who brought out the lathi.sd singh’s neighbour has also given same statement to the police that the lathi was brought by sd singh only. Moreover binda is already happily married and have 2 daughters.The real fact is I have married his daughter 2 years back, I have a marriage photograph and two witnesses to prove my marriage.Now the girl is denying of the marriage and her parents are also not ready to accept as it is a intercaste marriage.Now to hide this fact and to present the matter in a different way so that their reputation is not marred in society sd singh has registered this kind of FIR as he could do nothing to me as I am in pune doing job.
Now my question is whether binda can lodge a counter FIR being a member of scheduled caste.Or it is better to go to the court and lodge a case against him.How will he frame the case in a scheduled caste way.i.e. Under atrocities to scheduled caste. Next my question is how will he present his case so that sd singh gets implicated in maximum unbailable sections.What unbailable sections can be charged against him.Or is it better for his wife to lodge a case of humiliation.Will it prove to be more stronger.Please guide as binda is very poor and unable to hire a lawyer.Your valuable suggestions will be highly solicited.
Anonymous
16 June 2010 at 10:33
My dear Friends,
A person who pass LL.b in 2007, and want to enrolled himself in Bar Council of India/Delhi. So please tell me the procedure. The new rule of pre examination for enrolment would be applicable on him or not?
Anonymous
16 June 2010 at 10:09
Sir ,
we are owner of a land.
X-party did memorandum of understanding with
us to sale the land to x-party on non judicial stamp paper of 100 rs.
Let me know now ,
1.who keep the original memorandum of understanding ?
The party took away original MOU and gave us only xerox which is not signed by that x-party by pen.The xerox signs are there on our copy.
Is it the right way of making MOU ?
We do not have any original sign on our xerox.
What should be done? Please guide.
2.100 rs. non judicial stamp paper is ok or not?
Deal is of 18,00,000
They have given us cheque of 1,00,000.
Anonymous
16 June 2010 at 07:37
"A" through his power agent/brother "C" entered into agreement with "C" to sell the property of "A" as he is in US. The period to execute Sale deed is 6 months. Advance amount 5 Lakhs.
At the end of 5th month, "C" flew to US and the letters sent by "A" to "C" returns as no such addressee.
In the meanwhile, "A" got information that "C" sold the said property to "X" and left away.
What is the remedy for "A"
Amit Chawla
16 June 2010 at 00:48
Dear Mr. Ashish,
I had a talked with Mr. Anand and he told that no. which i have mention in my complaint is not responding, nobody had called me up from delhi police,i told to anand that you just hold the line let me call on that no. if somebody picks up than i will take you on conference, but when i called up on that no. somebody lifted the phone and told that mr. yadav is not available today he will available tommorow meanwhile mr. anand disconnected the line, so i called up to anand and told him that no. is working, why did you disconnected the line , so he told that's not in issue just tell me when you are going to pay the rest amount, i told him clearly that sir first you give me proper investigation report then we will talk on this, so he started blaming me that i am making excuses and my complaint is fake and all that, so i told him if my complaint is fake than i could not have mail to consumer court, to you and dcp & acp of delhi police, second thing when i called on that no. somebody picked up and told that mr.yadav will available tommorow ,it means you have not done proper investigation. you are giving me wrong reports and misguiding me.
Its a request to you kindly do proper investigation and revert back to me.
For any clarification you can call me on my cell no.
Amit Chawla
16 June 2010 at 00:47
Dear Mr. Ashish,
I had a talked with Mr. Anand and he told that no. which i have mention in my complaint is not responding, nobody had called me up from delhi police,i told to anand that you just hold the line let me call on that no. if somebody picks up than i will take you on conference, but when i called up on that no. somebody lifted the phone and told that mr. yadav is not available today he will available tommorow meanwhile mr. anand disconnected the line, so i called up to anand and told him that no. is working, why did you disconnected the line , so he told that's not in issue just tell me when you are going to pay the rest amount, i told him clearly that sir first you give me proper investigation report then we will talk on this, so he started blaming me that i am making excuses and my complaint is fake and all that, so i told him if my complaint is fake than i could not have mail to consumer court, to you and dcp & acp of delhi police, second thing when i called on that no. somebody picked up and told that mr.yadav will available tommorow ,it means you have not done proper investigation. you are giving me wrong reports and misguiding me.
Its a request to you kindly do proper investigation and revert back to me.
For any clarification you can call me on my cell no.
Anonymous
15 June 2010 at 22:53
from last jan 2010, my wife is with her parrents and now her father is not ready to send her back to me...... coz she is pregnent and delivery is next month but i have a doubt that her father can kill my baby coz he is looking for divorce. and after divorce if my wife takes the custody she will have face the problem in second marriage and if she gives the custody to me so again no one will be ready to accept her coz how's the mother ? how can she leave her baby alone ? Is money and ego is everything for her ? so as far as I think my father in law can kill my baby any time though he can abort the infant but this was too late coz when our dispute started at that time my wife was pregnent from last 4 months and abortion was not so easy...
can I take any legal initiavtive to protect my wife and baby's life ? can lodge any fir against my father in law for the protection of my child ? I just want to bring my wife back.... but she says to obey her father all the time...
kindly suggest me....
P.ESAKKIMUTHU
15 June 2010 at 22:50
I have read a judgment wherein it is reported that if a persons is completely participating in proceedings till end ie acquisition of entire proceedings can not raise the plea of limitation. delay/limitation is deemed to been condoned. Any citation of any court on this point may be furnished
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Stay of proceedings in family court
Ld counsels,
My spouse has instituted criminal and civil proceedings on teh same cause of action. Civil proceedgins to annul the marriage due to fraud criminal proceeding for cheating on the self same allegations.
Criminal complaint was given first in order to pressurize me.
Can I seek to stay the proceedings in family court u/s 10 of CPC. since a similar ciminal case is under trial.
Please clarify.
Thanks