vishalpriyadarshi
05 December 2014 at 21:53
Hello Expert , Hope I will really get help here please go through the content seriously and help me. THEIR ARE THOUSAND OF GOOD ADVOCATE ON LAWYERS CLUB INDIA . IS THEIR ANY ONE WHO CAN REALLY HELP ME . IF YOU CAN'T DO ANY THING PLEASE DRAFT MY COMPLAINT I WILL EFILE AND APPEAR PETITION IN PERSON.
This is a cases of great public importance; This is a special case, reasons for which are to be recorded in writing, considered otherwise deserving of legal aid or advice.
1. The case filed against me by the complainant is without following the procedure. The honourable courts overlook the mandatory compliance of Cr.p.c 200, 202,204(2) which is evident from the certified copy of the case and without taking recourses of these section Cr.p.c 202,204(2) & 200 , the impugned summoning order suffer from legal infirmity.
2. The complainant himself accepted in written while filing the Counter affidavit (para 9) in Honourable High Court Lucknow that there is no compliance of mandatory provision of Cr.pc. 200. The honourable high court even overlooked the written acceptance of the opp. Party, the established law and the APEX Court judgement.
3. That the learned magistrate without application of mind has been pleased to pass the summoning order dated 27.07.2013 on cyclostyle Performa order that too under Sec 130 NI Act Yes 130 NI, which is not permissible under Law.
4. There is no compliance of Cr.p.c 204(2) & violation of Cr.p.c Sec 204(2) that no summons and warrants shell be issued under subsection (1) until the list of prosecution witness has been filed. However the violation has been done in this case and summons has been issued without the compliance of Cr.p.c 204(2).
5. The compliance of Sec 138(B) is overlooked by the honourable courts.
On Dec 23rd Aug 2001 a Five Judge constitutional bench decided DADI JAGGANATHAM VS JAMMULU RAMULU AND OTHERS (2001), 7,SCC 71, Laying down the Law on the question the Five Judge bench there , amongst other said the following – The court could not add words to the statue or reads words in to which are not there ,especially when literal reading produces an Intelligible result.
I hope from the Judgement of constitutional bench It would be crystal clear that no expert explanation is require on Cr.p.c 200,202,204(2),138 B.and these provision from its plain reading states it is mandatory.
6. There is no specific mandatory averment in the complaint case and absence of documentary and other evidence. The absence of detail of the date and place where the Loan was advanced, the absence of date and place where the chq was given, and absence of any documentary proof to show that such loan transaction has indeed taken place.
7. The stay granted by the Honourable High court is vacated by the High Court (after filing the counter and rejoinder affidavit) at final stage without giving any relief by overlooking the violation of all mandatory Cr.p.c provision and Supreme court Judgements.
8. This is a case of great public importance and larger public interest involve in it. There is a clear abuse and violation of mandatory provision of Law. Procedures has not been followed by the honourable courts and the Established Law and Judgements of Supreme Court of India which is mentioned in writ petition and annexed there in is overlooked by the Honourable Trial Court, Lucknow and Honourable High Court, Lucknow.
Second, I have a reasonably good chance of succeeding in MY CASE IF I CAN A GOOD ADVOCATE WHO CAN REPRESENT MY CASE IN SUPREME COURT OF INDIA. SO PLEASE ...PLEASE HELP ME.
Every ground mentioned above is supported by the established Law , Proved fact and Judgement given by the Supreme Court Of India and Documentary proof. There are 100% chances to get Success.
Sr.no Cr.p.c Supporting Document and Judgement
1. Cr.p.c 200 Law itself supported by Certified copy of case and The Honourable SC Judgement Crl 950 of 2006 Sabitha Rammurthy & Anr Vs. Channabasvaradhya
2. Cr.p.c 202 Law Itself ( with effect from 23.06.2006 by central Act 25/2005) supported by Certified Copy of case and The Honourable SC Judgement Crl. Appeal No. 984 of 2009 K.T.Joseph Vs. State of Kerala & Anr.
3. Cr.p.c 204(2) Plain Reading of Cr.p.c 204(2) Itself, supported by Certified copy of the case , The Judgement of Constitutional Bench DADI JAGGANATHAM VS JAMMULU RAMULU AND OTHERS (2001), 7,SCC 71
4. 138 B The Honourable SC Judgement Crl. Appeal No. 711 of 2009 Arising out of SLP(Crl) no. 7828 of 2007
5. Averment Certified Case Copy and The Honourable SC Judgement Vijay Vs. Laxman 2013(2) CCSC 706 (SC) Crl Appeal No 261 of 2013 Decided on Feb 7,2013
6. No source of Income to Grant such a huge amount of Loan & Unaccounted Cash Information Received Under RTI Act (No income of person claiming giving Debt, himself was an student ) & The Honourable SC Judgement- Crl. Appeal No. 518 of 2006 Krishan Janardan Bhatt Vs. Dattatraya G. Hegde.
7. Age of Signature and other particular on the Chq and Ink of signature and other particular on the chqs are different, which can be noticed from the bare eyes. The Honourable SC Judgement- C antony vs. K.G.Raghavan nair Crl 1748 of 1996 Judgement dated 1-11-2012.
8. Sec 139- Presumption in regard of existence of debt K.JOHN vs. Tom Vargese and Anr. JT 2007 (13) SC 222 and Supporting Document received from RTI is a proof that the party has no capacity to grant such huge amount of Loan. The opposite party get the opportunity while filing the case in lower court and filing affidavit in high court , he may produce any such evidence of the said disputed transaction but they did not do it as there was no such transaction.
9. Law of Limitation Act Sec 19 Several Judgements Mentioned in writ itself.
Apart from the above there is clear written submission by the Opposite party which proved his wrong intentions.
1. The opposite party no 2 is made written submission in his counter affidavit (esp. Para 28) before the honourable Lucknow High Court, stating - that access of justice must be given as licence to file misconceived and frivolous petition and all the Cr.p.c. and all the Judgement given by the Honourable Supreme Court of India & High court of India is wrong WHICH Was mentioned in writt.
2. The opposite party file wrong and misleading fact on affidavit in regard to dispatch of Notice and not ready to show delivery report for record to fill the compliance of Sec 138 B, making false allegation regarding reply of notice and not filed the same- neither in trial court nor in high court.
3. The opp party has submitted in his counter affidavit (High Court) there is no need of compliance of Cr.p.c 204(2) and the same time in written he has submitted in Trial court that they forget to make the compliance of the same and tried to do it by misleading the court by making false written application that the stay order is not extended by the Honourable High court though the stay was in force till that time & the opp. Party is well aware. On 2-12-2014 they were praying from the court to vacate the stay. When the fact ( Misrepresentation & false written submission which is proving the malafied intention was brought in the knowledge of honourable high court Lucknow, It was also overlooked.- Supporting Doc Enclosed- Proved fact.
4. Many more fact documentary evidence with Certified copy.
If the case will be allowed without following the mandatory provisions a wrong practice will be established and the common public will suffer and loose the faith in established Law , Right of fair Justice and Judiciary. There are large no of cases which is getting followed by this wrong practice which may be avoided if through legal aid any such direction is to be issued by the honourable Supreme Court.
Please Help Me. I do not have money to fight this case in Supreme Court of India. Date of TRIAL is fixed as on 17-12-2014. I can never get the justice in the court of Lucknow as the other party having great influence which is evident from the above facts.
Please Help I need Free Legal Aid to fight this case in SUPREME COURT OF INDIA.
IS THEIR ANY ONE WHO CAN REALLY PRACTICALLY HELP ME GETTING JUSTICE ..
Regards,
vishalpriyadarshi@hotmail.com
Aijaz Ahmed Munshi
05 December 2014 at 21:20
In my building there is a terrace of around 250 sqft on which two tenants of my building have illegally made two rooms.
The building is of trust and we are in like PAGADI system.
my question is can anyone build illlegal rooms like this?
can with the permission of land lord the room can be made?
in the bmc map THE AREA OF TERRACE IS WRITTEN AS OPEN TERRACE.
i want to knock off the rooms as that open space is of all the tenants living in the building and it belongs to every tenans equally.
salim
05 December 2014 at 21:09
I am working in a private company from last 6 years.i was appointed on contract basis for 6 months after that no contract was made.now the company is thinking to remove me.
Can i demand for any compensation or any amount as per laws?
every year the company issues me TDS and it is the only legal proof i have that i have been working in the company.
Sunil
05 December 2014 at 20:57
One of my friend staying in Mumbai and having some queries regarding his child’s passport. If somebody can give him proper guidance /advice, he will be very grateful. Brief history about him with his queries are as follows.
My friend was staying in outside Mumbai region, i.e. in thane region. Two years ago, he got married with one divorcee lady having 2 Childs from her ex-husband. During her divorce, as per her petition, she claimed for younger child (10 years old at divorce time) to be with her with full responsibility. As per passed judgment and decree, older child (12 years old at divorce time) shall be with retained with her ex-husband and younger child custody is given to her. The divorce was processed in thane court.
After six month of having divorce judgment and decree, she got married with my friend. The court marriage was done in thane district. With well aware of the responsibility of her existing younger child from her ex-husband, my friend accepted them both (lady as well as her younger child). My friend has requested one of the agent to carry out procedure for pass gazette to change their names as well. Gazette copy for change of name for both are available with them now.
My friend is then shifted to Mumbai region and presently staying in Kandivali area on leave and license basis since last 1 ½ years. Within this year, they got new kid.
Now my friend is recently deputed to overseas through their company. He was having his existing valid passport. Company has sent him to gulf country for longer duration. He demanded family status to company and the same is accepted.
Now the real problem started.
His wife and her earlier child was not having any passport earlier. Somehow, my friend could manage to apply for passport for his wife and their new born baby. The application is under process.
But, as far as his wife’s earlier child is concern, he is very much confused as he did not received any clear cut advice or information to process his passport. Moreover, different agents are having different opinions and requirement of different documents to take up his application to process. In this situation, can somebody advice how to get the kid’s passport having his new name on passport and my friends name as father on passport?
Some of the details about the kid are as follows.
1. Change of name gazette copy is available
2. Based on gazette copy, their marriage certificate and divorce papers, they could change the name of kid in school register
3. Change of name is also done for his Aadhar card with present residential address
4. His original birth certificate is available with his real father name on it
Your advice will help him to be with his family.
Regards,
salim
05 December 2014 at 20:55
If a police beats up anyone in lock up can that person take action against the officer and how???is there any sections against them for police brutality??
pushpakrishna
05 December 2014 at 20:45
dear experts ,
i would like to purchase a flat and seen the same and the project also approved by all the leading banks (For giving loans )and one of the banks also advised me not to go any advocate as we approved for giving loans after verifying all the required documents and only you have to submit an application along with required documents like salary slip and details of employment Etc. can you give me an advice on this dear experts ?as in future both of us (Builder and me should not suffer in any manner) thank you sir.
iqbal Singh
05 December 2014 at 20:40
Dear Sir(s),
I have been asked by the DB to include another Respondent by amending the Memo of Parties in an O.A. filed by me before the Hon'ble C.A.T.As there is no page by the name "Memo of Parties"in the OA and names of the respondents (R1 and R2) appear only on the Page 4 of the OA (IN THE MATTER OF "Applicant" Versus "R1" and "R2"), I request you to please advise as how to amend the said page by including the name of another Government respondent as R3. Whether I need to enclose the amended Page 4 of the OA as an another Annexure to the MA. Please advise.I am defending the case as P-in-P.
With regards
Iqbal Singh
prince jacob
05 December 2014 at 20:33
As my father passed away i had leave the company were i was working. Thereafter it was very difficult in finding a job. Finally i got offer from a company.Where;
1. Offer mail was given and no letter.
2. Offer mail did not mention any notice period.
3. Security deposit was collected and was to reimbursed after a year.
4. Later during the induction it was informed that salaries might be delayed for 2 to 3 months due to financial crisis of the company.
5. I had to work because i had paid the security deposit.
6. I was the only source of income in my family.
7. Company had its own bus whereby i could travel by.
8. Later the company sold this bus and i had to travel 30 kms to work.
9. I had to spend Rs. 100/- each day for the fuel which i could not afford as i was not paid then.
10. 3 months passed without any pay and we in our family found it difficult in meeting the basic needs.
11. Lot of loans were taken for my fathers treatment and also taken after his death.
12. Because this company did not pay I sms'ed the VP whom i was reporting that i would not be continuing any further to work for this company. AS you see i could have sent a mail but, unfortunately could not afford Rs. 20/- for a cyber cafe.
13. Then after a wait for almost 4 months i have by Gods grace have found a good job.
14. But now if i have to get the appointment letter i have to get something as a proof from the company i worked for earlier.
15. The HR of the previous company and also the VP are not taking any interest in helping me.
Please request you to help me out in finding ways to get the appointment letter.
Thanks
Member (Account Deleted)
05 December 2014 at 19:45
Dear Experts
Plz give me advice in the divorce case filed by my wife . I had worked in a private company . I got married on 29th june 2014 on Tuticorin which is my native place . On 2nd july 14 my leave come to an end . So I went to my work place . By leaving my wife in my home . On 29th july I got some skin rashes so I went to dermatologist for check up . After further check up I came to know that I was infected by HIV . After hearing this first I informerd my wife about the matter. She informed me not to inform this to anybody after one month on 28th August she informed the matter to her parent .After hearing the matter their parents arranged some documents for Divorce. My wife contact me and ask to sign the paper . I agreed and signed the paper and my parents also signed the paper . Again on November they called my father and asked that the paper which we both families signed earlier is not asper the rule . So they asked we required witness that both of them are got separated. At that time I asked them to go to court . So they send some CMP Notice from court . Now I am ready to appear before the court . But I am not willing to inform that I was infected by HIV in the open court because it may affect her future also . So please kindly advice me what to do
Thanks & Regards
Mageshkumar. M
8056826310
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Two cases u/s 138
complainant has filed a case from ahmedabad court for the cheque issued on mumbai branch using his real brother as applicant.the case status is unknown after accused had strongly denied all the charges in writing. there after no summons was issued to accused. He has asked for the certified copies from the court.
the complainant has filed another case u/s 138 in mumbai in his name.
in reality complainant is moneylender in cash with 60 % interest and he was working in the nationalised bank. he claims that he has paid money in cash.NO IT RETURNS HAVE BEEN FILED.
both the brothers are moneylenders and working in nationalisd bank.
how to put them behind the bar and punish them.
accused has not given any cheque to him.