LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ravikumar K S   08 March 2017 at 07:41

Investigation after taking cognizance u/s 202 crpc

I, private employee was stopped by traffic police sub-inspector (PSI) in 2012 and falsely booked of Drunken Driving by getting someone else's reading on the Alcometer and further the PSI demanded

Rs.2000, I did not oblige. He then assaulted me which caused "Grevious Injury" in my left ear. I did not sign the challan, so he got me assaulted by the other Police on the Spot and got my signatures on

the challan generated from the Alcometer. He then filed a FALSE charge sheet under section 185 of IMV Act and got me convicted by exhibiting just the challan and police notice and court irregularities.

He himself is the complainant, IO & Witness in the chargesheet. I was convicted with fine of Rs.1100 in default of it 15 days SI. I filed a complaint at the Jurisdictional Police station for the "Grevious

Injury" & assault. The police did not file FIR but an N.C.R. Further I approached senior police for help, they also did not investigate the matter. I filed a Private Complaint u/s 200 CrPC. The Magistrate

referred the matter for Investigation u/s 156(3) of CRPC. The concerned police did not file an FIR for 9 months, in the mean while my Lawyer (deceived me and misled me by taking my signatures and )

and approached the High Court u/s 482 of CrPC to quash the order refferring the matter for Investigation u/s 156(3) of CRPC . The case number is Criminal Petition No.7651/2012. The High court

ordered to proceed u/s 202 of CRPC. Attached is the HC order. Likewise the trial court recorded my "Sworn Statement" and took cognizance of the case u/s 325 of IPC. The matter is in the Evidence

Stage.There has been no Investigation & no witnesses, but I have WOUND CERTIFICATE. Everyone including the Magistrate say that I do not have any witnesses, so the case will be closed.
1) With my evidence & doctor's evidence, can the PSI be convicted?
2) Can I request for an Investigation now?

sujoy ghosh   08 March 2017 at 07:37

Registered will challenged

Dear Sir/Madam,

Hope you are all doing fine. Registered Will of my father is getting probated in the high court of kolkata. However my elder brother is challenging the will. His grounds for challenging with evidence would be he managing the commercial property for the last 12 years of which he was a partner with father in a 50% profit ratio previously a proprietorship firm in the name of my father. Business for the last 12 years has been just rental income. Will such ground stand before the judge to dispose off the registered will. He is also in the view that this suit can be dragged so that the probate can be delayed or disposed off after a minimum period of 10 years. Is that possible kindly suggest. Your expert comments really works.

Warm Regards,
Sujoy Ghosh

sanjay singh   08 March 2017 at 03:33

Can rd (dharkhast) refile again to recover balance amount ?

I already cleared my Rd amount but still some amount is not paid because I have withdrawn my Petition So the the date of RD filed by respondent which is cleared and till the case withdrawl date that arrear still remaining.

My Question is about for balance amount Could respondent again refile Rd to recover the balance amount.

vicky   07 March 2017 at 22:21

vehicle ceased with illegal liquor

Dear Sir/Madam
I had sell my truck to someone. I had handover to him by making a affidavit of sell. The vehicle is still on my name. Now that person is caught with illegal liquor by police in badmer city rajasthan .
The police came to me as name & address on RC is mine and tell about the situation.
Kindly guide me how to face the situation.
Regards
Vicky

Sarfaraz Chhipa   07 March 2017 at 20:59

How to transfer land

Property Owner :- Sarfaraz Chhipa
Company Name :- SA Fabric Pvt.Ltd.

How to transfer non-agricultural land in the name of company i.e.SA Fabric Pvt.Ltd. and company will allot shares to Sarfaraz Chhipa and appointed to him as director in said company against the said sale deed.

But, transaction of transfer of land is 2 crore and share price is less than 2 crore which will allot to sarfaraz (land owner)

Mathre Rangarajan   07 March 2017 at 19:39

Contempt of supreme court

Dear Sirs,

I draw your kind attention to Supreme Court 5 judge constitutional bench judgment in 1982 in D S Nakra & others Vs Union of India - copy attached

1. Highlight of this judgment is that "all retirees are one class under Article 14, 15 and 21 of Constitution, they cannot be divided based on date of joining and date of retirement and any new benefit given at a later date should be extended to all previous retirees to maintain integrity.

2. Is this constitutional provision is applicable to retirees of Central Public Sector Enterprises also as they are also Central Government employees (Quasi Govt)?

3. Department of Public Enterprises, Government of India, vide their letter No W-0001/2017-DPE(WC) dated 9th February 2017 (copy attached) says that retirees of Central Public Sector Enterprises are divided into distinct two groups based on their retirement (01-01-2007) - First group people who are going to retire after 01-01-2007 gets pension and post retirement medical benefits and second group people retired before 01-01-2007 will not get that benefit.

4. Is this not breach of 1982 judgement of Supreme Court?

5. Can I file a Contempt of Supreme Court case to get justice?

warm regarads
M Rangarajan
retired group general manager (ONGC)
B 2-301, Sriram Spandhana,
Challaghatta,
Bangalore -5600037
mobile: 9945091581
email: rangajan1@gmail.com

Sheela Jain ..........   07 March 2017 at 19:37

Process for annulment as soon as possible

I recently got married with a boy of different religion on 9th Feb 2017 without my Parents consent in the Register Office. Now, I feel its a big mistake of getting married with him as I\'m unable to set with their religion.I came back to my parents house on 1st March 2017 and don\'t want to back to my in-laws place. Now I want to file for an Annulment . Please suggest me how to approach for Annulment and How much time will it take to get separated ?? My Husband is working in Hyderabad and my parents stay in Pune. What will be the jurisdiction to file the case ? Can I file the Case in Hyderabad?

Anonymous   07 March 2017 at 19:31

Eviction of tenant

We have a commercial office space with leave licence agreement with a firm for 3 years. The tenant is not paying electricity charges in spite of it being clearly mentioned in the registered aggrement. He is giving the monthly rent regularly.
1) Is it possible to evict the tenant before the lockin period.
2 ) Also can the tenant get an injunction against eviction in spite of him flouting the agreement clauses.

GAURAV YADAV   07 March 2017 at 18:14

Intellectual property rights

Is my indian copyright valid in USA and China?
and
can i give my indian copyright to clients in USA and China on lease ?

shubhi   07 March 2017 at 18:04

Typographical error found post-notarisation of affidavit

The Affidavit has been duly notarised with required compliance to the Notaries Rules(along with seal and signatures as per Section 8(2) of notaries act). But after that, we found that there was an error in the affidavit. So we corrected it in pen, and the same Notary stamped/sealed it after verifying. However, he did not sign or write his initials on this stamp/seal. Does that pose a problem?

Also, does it make a difference if this change in affidavit is big or small(as long as it has the seal of notary)?