LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

V.N.K. MENON   07 November 2017 at 06:32

Quashing of complaint under pwdv act

Appended below is order from H/C which is self-explanatory. I am petitioner in-person. I would be thankful if experts would give their views on the matter. Whether lower court will take it as a stay till next hearing on 18.01.2018. Any other view shall be highly appreciated.

ll
$~42
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+CRL.M.C. 3538/2017
V N K MENON..... Petitioner
Through: Petitioner in person.
versus
MS GREESHMA
Through:
Nemo.
..... Respondent
%

CORAM:
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
ORDER
04.09.2017
Crl. M.A.No. 14420/2017 (exemption)

Exemption allowed, subject to all just exceptions.
The application stands disposed of.

CRL.M.C. 3538/2017
The present petition under Section 482 Cr.PC has been filed seeking quashing of time barred d/v complaint read with Section 468 Cr.PC, Section 28 and 32 of the Protection of Women from Domestic Violence Act, 2005
read with Rule 15 (6) of PWDV Rules 2006 for quashing of complaint filed under Section 12 of PWDV Act by respondents.

Notice.
Learned APP for the State accepts notice and seeks time to file status report/reply.

Status report/reply be filed before the next date of hearing,with an advance copy to learned counsel for the petitioner. List on 18.01.2018.

SANGITA DHINGRA SEHGAL, J
SEPTEMBER 04, 2017/ssc

Pratmit85   07 November 2017 at 03:26

Attestation of the power of attorney

I want to provide 'Power of Attorney (POA)' to my dad for signing some documents in India on my behalf, since I am residing in Germany and will not be present in India on that specific date. The POA document will be sent to me here in Germany and after signing the POA, do I need to get it attested and get my signature verified from any government body here in Germany, like the Indian Embassy, German notary etc.? Is it mandatory to do so in order to legalise the POA? Any help on this will be greatly appreciated. Thanks!

Neeraj Singh   07 November 2017 at 00:51

Kindly help me



Hello Sir, Please help me on the same,

1- My wife left my house(along with my both children 7+ yrs daughter and 16 months old son) on May 23rd 2017 due to some family arguments. My parents were also present that time.

2- After that my in laws and wife went to Mahila Thana ghaziabad with their complaint( I dont know what was they written in complaint)

3- After that we had three counsellings done at mahila than center.

4- At third counselling they asked me for the maintenance allowance either by Mahila thana OR by Court. I told them that I will tell them after consultation with my advocate within 2 days. But they denied for the same and instructed counselling inspector that they can not give 2 days of time. And finally told inspector to write down on paper that now they will lodge Mukadma against My arents and Me.

5- After that, file is closed and FIR was lodges with IPC 307, 498A, 506, dowry IPCs etc etc. In that FIR they mentioned that My parents and Me were killing thier daughter on May 21st. No medical was given by my in-laws against 307 hence it was nullified by investigation officer in chargsheet.

6- After that investigating officer investigated and did not found any evidence that proves 307 and removed my parents and Me from 307 and further charge sheet to next level of Family/judiciary court and now we are waiting for summons.

7- INvestigation officer told me that I can continue to meet my children . But when I went to my in laws house to meet my children then they tried to kill me almost and then I called PCR by calling 100 number. I recorded all the happenings in my mobile as a proof.

8- THen they went to police station and filed 151 against me by saying that I have done misbehave and beaten up my wife.

9- Next day I went to same police station to let them know the whole strory along with all the captured proofs but they did not heard me and put me behind the bars for 6 hours and finally challaned under 151.

10- Now I have decided to send my complain to police by speed post against my in laws deeds as I have a good proof against them.

11- My lawyer also told me to file sec 9 against my wife. Please suggest if sec 9 is applicable for my case.

12- please suggest what else I should do at above point 6 and help to locate good advocate in Ghaziabad court.

Thanks
Neeraj Singh
9818117798
Ghaziabad.

brabourne   06 November 2017 at 23:16

Sla & non compete

So, I have been working at a small technology company since two years now.
For the 1st year i received training(Cost from my Salary 1.5lacs) and worked at the same company..
For the 2nd year i was outsourced to a bigger company.
The SLA is of 3 years and consequences are an amount of 1.5 lacs.
The non compete states that i cannot join their client.
Will it be against the companies agreement if i leave to join the bigger company (although i am paying the service agreement amount and i have no trade secrets of the company).

Anonymous   06 November 2017 at 22:46

Bc-c certificate

If a person who belongs to BC-B (PADMASALI) by caste and converted to Christianity before marriage in 2009., now the person needs of BC-C certificate .please give me reference G.O.NO./ AS PER CONSTITUTION OF INDIA.

RAKESH RATHOD   06 November 2017 at 22:26

Sra related query

Dear Sir,
I have a house at Andheri east which have gone under SRA scheme , we have used this house for residential as well as commercial purpose since 1990s. we have LF2 electicity bill for the same. we had built it in 1+1 in 1993.

Can we eligible for residential as well as commercial property under SRA scheme

Please advice
Regards

Rakesh Rathod

Anonymous   06 November 2017 at 22:05

Doubts regarding surrendering certificates to employer

Dear sir
I am a engineering graduate.i am a working professional working for a private firm,since in order to have a change in my job I attended a interview and got selected for appointment,but the my new employer is asking me to surrender any of my original certificates for a period of time without any acknowledgement.i told them that I will consult it with parents and will come back in 2 days.

My question is shall I surrender them my certificate to them?
If surrendered what are all things should I do to be safe from my side.?
Can I get a acknowledgement in the company letter head stating the certificates retained by the company and the terms of employment? if yes will it be valid in any future emergency cases?


vijay singh Mob.No 9621707070   06 November 2017 at 21:00

Two complainant can file single complain case under n.i. act

आदरणीय सर,

प्रणाम
मैं एक अधिवक्ता हूँ, सर आपसे एक राय व सलाह की उम्मीद करता हूँ|
सर एक व्यक्ति "अ" ने "ब" को 300000/- उधार के एवज में six (6) post dated cheque बिना दिनाँक व Amount के वर्ष 2004 में अपने खाते का दिया था (उस वक्त बैंक CBS नहीं थे, और 'अ" का खाता सिर्फ 4 digit as 1234 था), और कहा था कि जब वह कहेगा तो एक एक चेक पर रूपया 50000/- भर कर अपना पैसा प्राप्त कर लें |
लेकिन इसी दौरान "अ" का "ब" से सम्बंध खराब हो गया और वर्ष 2013 में 'ब" ने उन सभी चेकों पर रूपया 100000/- (एक लाख) भर कर तीन चेक अपनी पत्नी "प" व तीन चेक अपने नाम से अपने खाते व अपनी पत्नी के खाते में लगाया, जहां से बैंक द्वारा "NO SUCH ACCOUNT" के कारण अनादरित कर दिया |
फिर पुनः "ब" द्वारा "अ" के बैंक मैंनेजर से मिलकर "अ" का नया अकाउंट नम्बर जानकर बिना "अ" को बताये चेक पर नया अकाउंट नम्बर लिखकर पुनः अपने व अपनी पत्नी के खाते में सभी चेक प्रस्तुत करके सभी चेक बाउंस "INSUFFICIENT FUNDS" करा लिया |
और उसके बाद दोनों पति व पत्नी ने मिलकर एक लीगल नोटिस दिया और रूपये 600000/- की माँग की | "अ" द्वारा उस नोटिस का जबाब भी दिया गया, लेकिन इस सब को छिपाकर "अ" के खिलाफ 138 NI Act के अंतर्गत एक परिवाद दोनों परिवादियों द्वारा मिलकर कर दिया गया, जिसमें "अ" द्वारा उपस्थित होकर अपनी जमानत भी करा ली गयी | बस दुर्भाग्यवस "अ" द्वारा समन आदेश को रिवीजन में challenge नहीं किया गया |

मेरा सवाल है कि
1. क्या दो परिवादी मिलकर किसी एक अभियुक्त के खिलाफ एक परिवाद कर सकते है ?
यदि नहीं कर सकते हैं तो क्या कोई इससे सम्बंधित न्याय निर्णयन है ?
यदि कर सकते हैं तो क्या कोई इससे सम्बंधित न्याय निर्णयन है ? या इसका कोई हल है ?

2. क्या six (6) चेकों का मिलाकर एक परिवाद किया जा सकता है ?
यदि नहीं कर सकते हैं तो क्या कोई इससे सम्बंधित न्याय निर्णयन है ?
यदि कर सकते हैं तो क्या कोई इससे सम्बंधित न्याय निर्णयन है ? या इसका कोई हल है ?

3. सर इस समस्या से किस तरीके से अब "अ" को बचाया जा सकता है

-
Vijay Kumar Singh
Advocate
Mob. No. 9621-707070, 7348-606060
Lucknow U.P.

Neetu Agarwal   06 November 2017 at 20:00

Anticipatory bail

Hi,

Can someone pls provide me info about anticipatory bail? Can anticipatory bail be taken by accused even before the case has been lodged by the victim? One of my acquaintance has been beaten up by her husband and in laws. She somehow managed to call police and her inlaws were taken to the police station. However she didnt file any complaint as they apologised and assured that it would not happen in future. Now as they are aware of the sections under which they can be booked in the future, can they take anticipatory bail prior to lodging of complaint by the victim in the future?

Thanks
Regards,
Neetu

Saberi Nandi   06 November 2017 at 19:51

Anticipatory bail

Hi,
Can someone pls provide me info about anticipatory bail? Can anticipatory bail be taken by the accused, if he can anticipate the sections under which he can be booked in the future, prior to FIR lodged against him in the police station?

Thanks