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Yogesh   07 January 2018 at 21:11

Cheque bounce : shall i (victim) go appeal ?

Hi

My Cheque Bounce Case Summary:
One of my friend took 2Lakhs money from me. He showed one property (site 30X40) and told me that he’ll buy that for me(as a mediator) . As he is my friend I believed him and gave 2 Lakh but later he didn’t buy it. He cheated me. He used my money for himself and after asking he gave me two post dated cheques which are get bounced later. Now I lodged only criminal case/compliant (civil case didn't put, because my lawyer cheated me, he didn't tel/guide ) against him in court. If he ready to go jail also. how can i get my money back? Please help

Hi, Judgement came as
cheque 1 : "The accused is sentenced to pay fine of RS. 1,45,000 /- and in default to undergo SI for 9 months. Out of fine amount RS.1,44,000 /- shall be paid to the complaint as compensation U/s 357 Cr.P.C. The fine amount shall be recovered from the accused personally and from his estate".

cheque 2 : "The accused is sentenced to pay fine of RS. 35,000 /- and in default to undergo SI for 9 months. Out of fine amount RS.34,000 /- shall be paid to the complaint as compensation U/s 357 Cr.P.C. The fine amount shall be recovered from the accused personally and from his estate".

Questions:

1. will total simple imprisonment become 9 + 9 = 18 months or it is 9 months only?
2. I did not filed civil case/suit earlier (Actually, my lawyer cheated me he didn't told me that we need to file civil case also. so i didn't file.) . Now after judgement if convict go to prison. then how can i recover my compensation amount?
3. will it benefit, if i go appeal in session court regarding increasing punishment/imprisonment
4. what should be my next step?

Please anyone suggest me.

ravi   07 January 2018 at 20:24

SERVICE MATTER OF CENTRAL AUTONOMOUS GOVERMENT ORGANIZATION

I joined autonomous government organization on 16 july 2007. After joining, I got permission for PhD in 2008. The department give me leave for 2008-2009. After that they did not provide leave further. But I completed my PhD in 2012 by taking extraordinary leave in between 2009-2012. In 2009-2012 they even transfer me. So that I suffered a lot in my research. Whenever I applied for NOC for many job applied, they did not provide me NOC. 80 % of the staff never transfer ed but I got more than 6 transfer in tenure of 10 years. Later on mid Oct 2017 I resigned from this organization via email only { heading: resignation.
Respected Sir, I am not able to do this job at present station due to various circumstances . This is for your kind information.} and joined a contractual government job in haryana government on next day. From Oct 2017 to jan 2018 I mark my attendance only in this contractual job and got salary from this contractual job.
Now I wish to join again in autonomous organization as till the date I did not got any written response about my resignation from my previous employer that is government of india.

Is there any issue to rejoin ?
If any one file any rti against me that this person did not file written resignation {as I just write in email only} and did job in two places, then what happens ?



Is it is safe to rejoin the previous job ?

Is there is any chance to lose both jobs ?

What is most better option:


Please I want to solid and clean advice from a expirenced service matter lawyer.

mohan kumar   07 January 2018 at 20:06

Pil advocate fee

I have taken injunction in High court. All State Govt. departments are not taking cognisance of Injunction. I filed RTI and BSNL informed me that there are no directions to obey court orders on publication in newspapers against Injunction orders issued by courts.
Please inform fee particulars etc
mohan
9441502493

Anonymous   07 January 2018 at 18:14

My father bought a house where tenant is overstaying

My father bought a house where tenant is staying from two years and he doesn't have any legal agreement or rental agreement and he is not vacating the house and far so he didn't pay any rent. so what can we do for vacating the housefastly without delaying??

Anonymous   07 January 2018 at 18:13

Ground for divorce

Respected All,
I want to know about the grounds of cruelty for divorce from my wife. The mains points are listed below.
1. She filed false case on me and my nine family members’ u/s 498, 307 and many other serious offences including forceful abortion etc.
2. In FR the IO submitted that No such incident happened. On the basis of FR and lack of evidence the false case was dismissed by the Court. I want to know that we do not appear in the case and it was dismissed. Can Court issue me the divorce decree on Cruelty ground on above facts?
3. I am Govt. employee and she did all this with guilt mind.
4. In Family Court my divorce case is in last stage. I have filed my case in July 2012.

Thanks & Regards

jyoti   07 January 2018 at 17:04

land dislute and priority

i want to know what is the priority of land over sale deed agreement and registered sale deed. is it possible high court cancle the sale deed becouse of land is under mortrage. but suit filed after registred sale deed

SAJU MATHEWS   07 January 2018 at 15:52

Defense pension and state govt pension of a deceased employ

Father was an Air force pensioner( short Service ) ,After the death the mother get the family pension of her husband Then the mother was a KSEB( Kerala State Electricity Board ) officer with in 6 month mother also expired . They had only one daughter she is now 18 years(01/01/2018) , she is a +2 student . Can she claim the Air force family pension along with KSEB family pension .No legal guardian was appointed by the court . Plz give the me a advice with relevant order No


G.S. Mathew

Akash   07 January 2018 at 14:07

Land acquisition

Sir
I have purchased a 1 acer land in 2015 after looking all the land records for past 10 years. And tell now the land record's are in my name and also possession of is with me.
But now I came to know that 4 acre + land was acquired by Local authority in 1969 the award is also done. But than any land owners have not taken any compensation amount since then. And till date they have not executed the project for which the acquisition was made 46 years before.
And most of the land the land owners have built their home's taking all permission from local authorities.
Now what should I do.?

Mr Sreejit   07 January 2018 at 13:30

Fir not intimated to complainant, frt done silently

1. In Oct 2013, a crime of (a) Illegal Criminal Trespass committed at the House of complainant/Landlady when she was entering her house, (b) Criminal Intimidation (threat to murder) and (c) Wrongful Restraint made to her.

2. She went to local PS and deposited a written complaint and also showed to the Officials including a Lady Officer, the mobile photo/video she took at the time of trespass by the 'men' of the offender. She wanted the PS to arrest the offender as he is an accused in an earlier case with the same complainant and under bail.

3. The bail terms states that he cannot threat or cause any sort of trouble to her.

4. PS harassed the lady complainant even at late hours (from 6:30 pm to 8:30 pm) and ultimately denied to lodge complaint.

5. Aggrieved by this she spoke to ACP of her jurisdiction, who guided her to deposit the same at DCP's office (the ACP is attached to the DCP of this jurisdiction).

6. She ran to the Dc office and deposited the complaint at about 8:50 pm. As the situation is beyond control and threat to her life she discontinued staying in her own house and stayed elsewhere.

7. She visited the DCP's office to enquire of the status of her complaint. As no proper response given, she gave a reminder of the earlier complaint letter and also intimated her new address where she requested to give intimation of FIR or GD details made on her complaint.


8. Meanwhile the offender had taken a different 'awatar' and made a malicious civil suit with fake and fabricated documents, and obtained exparty order of i junction and the land lady is contesting eversince. ( Pathetically, It is still in 'Hearing Injunction Petition stage'..!!). NEVERTHELESS, the local PS had done a lote of hardwork, manipulation, favour in 'installing' such a malicious and vexacious case.

8. She made a complaint of the incident at NHRC portal in 2017 about the Oct 2013 incident. In reply to it the Commissioner of Police replied on 3/1/2018 that the PS booked an FIR two days after the reported date of incident of crime and submitted FRT (FINAL REPORT) the next year. FRT date not mentioned in the report.

9. This fact of CONCEALED FIR AND FRT SHOCKED THE VICTIM.

10. Inspite of intimating the new communication address she was kept in dark about the whole criminal process. Her RIGHT TO JUSTICE, OPPORTUNITY TO PROSECUTE HER CASE was denied.

QUERY:

1. What is the Legal Remedy available right now?
i
2. Due to this hidded legal process she was not able to produce her evidenc in court.
What can be done at this point of time for

1. ARREST AND PUNISHMENT OF THE OFFENDER AS HE VIOLATED THE BAIL TERMS ?
2. ACTION ON OFFICIALS FOR NOT TAKING LAWFUL ACTION (BOOKING FIR AND INVESTIGATION UPON IT AT THE TIME COMPLAINT LETTER WAS TENDERED)
3. CAN REFERRING THE CASE OF (Crl.) 68 of 2008 in Lalit Kumar V. Govt. of U. P. BE OF ADVANTAGE?
2. TRUE, FAIR AND QUICK RE-INVESTIGATION ( actually no previous investigation happened at all.)
3. QUASHING THE CIVIL SUIT WHICH IS LYING ON THE FALSE AFFIDAVIT AND SUBMISSIONS FOR WHICH CRIMINAL CASE IS THE BASE?

PLEASE NOTE : This is a real case, not academic or fictitious, I request the eminent Experts and Legal Fraternity members to kindly spare some time and give a suitable solution so that justice be given to a victim lady. The Land Lady is the Legal Owner and Letter of Administration Holder, which is issued by the Chief of the District Court , under one of who's bench the malicious civil suit is STILL RUNNING.

Mr Sreejit   07 January 2018 at 13:28

Fir not intimated to complainant, frt done silently

1. In Oct 2013, a crime of (a) Illegal Criminal Trespass committed at the House of complainant/Landlady when she was entering her house, (b) Criminal Intimidation (threat to murder) and (c) Wrongful Restraint made to her.

2. She went to local PS and deposited a written complaint and also showed to the Officials including a Lady Officer, the mobile photo/video she took at the time of trespass by the 'men' of the offender. She wanted the PS to arrest the offender as he is an accused in an earlier case with the same complainant and under bail.

3. The bail terms states that he cannot threat or cause any sort of trouble to her.

4. PS harassed the lady complainant even at late hours (from 6:30 pm to 8:30 pm) and ultimately denied to lodge complaint.

5. Aggrieved by this she spoke to ACP of her jurisdiction, who guided her to deposit the same at DCP's office (the ACP is attached to the DCP of this jurisdiction).

6. She ran to the Dc office and deposited the complaint at about 8:50 pm. As the situation is beyond control and threat to her life she discontinued staying in her own house and stayed elsewhere.

7. She visited the DCP's office to enquire of the status of her complaint. As no proper response given, she gave a reminder of the earlier complaint letter and also intimated her new address where she requested to give intimation of FIR or GD details made on her complaint.


8. Meanwhile the offender had taken a different 'awatar' and made a malicious civil suit with fake and fabricated documents, and obtained exparty order of i junction and the land lady is contesting eversince. ( Pathetically, It is still in 'Hearing Injunction Petition stage'..!!). NEVERTHELESS, the local PS had done a lote of hardwork, manipulation, favour in 'installing' such a malicious and vexacious case.

8. She made a complaint of the incident at NHRC portal in 2017 about the Oct 2013 incident. In reply to it the Commissioner of Police replied on 3/1/2018 that the PS booked an FIR two days after the reported date of incident of crime and submitted FRT (FINAL REPORT) the next year. FRT date not mentioned in the report.

9. This fact of CONCEALED FIR AND FRT SHOCKED THE VICTIM.

10. Inspite of intimating the new communication address she was kept in dark about the whole criminal process. Her RIGHT TO JUSTICE, OPPORTUNITY TO PROSECUTE HER CASE was denied.

QUERY:

1. What is the Legal Remedy available right now?
i
2. Due to this hidded legal process she was not able to produce her evidenc in court.
What can be done at this point of time for

1. ARREST AND PUNISHMENT OF THE OFFENDER AS HE VIOLATED THE BAIL TERMS ?
2. ACTION ON OFFICIALS FOR NOT TAKING LAWFUL ACTION (BOOKING FIR AND INVESTIGATION UPON IT AT THE TIME COMPLAINT LETTER WAS TENDERED)
3. CAN REFERRING THE CASE OF (Crl.) 68 of 2008 in Lalit Kumar V. Govt. of U. P. BE OF ADVANTAGE?
2. TRUE, FAIR AND QUICK RE-INVESTIGATION ( actually no previous investigation happened at all.)
3. QUASHING THE CIVIL SUIT WHICH IS LYING ON THE FALSE AFFIDAVIT AND SUBMISSIONS FOR WHICH CRIMINAL CASE IS THE BASE?

PLEASE NOTE : This is a real case, not academic or fictitious, I request the eminent Experts and Legal Fraternity members to kindly spare some time and give a suitable solution so that justice be given to a victim lady. The Land Lady is the Legal Owner and Letter of Admiistration Holder, which is issued by the Chief of the District Court , under one of who's bench the malicious civil suit is STILL RUNNING.