Vinesh K Chhaya
03 October 2014 at 16:57
Can Anticipatory bail application granted before lodging FIR..
Complainant made application in nearby police station against My client police inform and called upon to my client for statement...my client seen the probability of his arrest when he would go to police station for statement...so can he apply for anticipatory bail and get opportunity to protect his right to anticipatory bail under 438(CRPC) ??
anticipatory bail application before FIR can be consider as premature application....I heard about blank order can be possible at same circumstances...
SANJEEV JAIN
03 October 2014 at 16:36
In a civil suit filed by 'A' (plaintiff), 'B' (defendant) declares his age as 40 years in his AFFIDAVIT, whereas in other criminal complaint u/s 138 of N.I.Act filed by A against B, AFTER SEVEN YEARS of B's Affidavit, his advocate 'C' appeals to the court to dismiss the criminal complaint by default and writes about ACCUSED 'B' as a senior citizen of 77 years old, and the court dismisses the complaint on that application.
Is there a fraud or criminal offence committed in this scenario ? Against whom and under which sections the case/es can be lodged ?
Jayant Yadav
03 October 2014 at 16:34
Dear Experts,
my sister is going through DV and divorce. She was alloted a flat by DDA under PH category, however due to DDA rules name of her husband is added in conveyance deed. As a result the loan was also in joint names. However my sister has paid all EMIs from her account and nearly 10% is paid as cash in lumpsum. currently her husband is out of home due to order by MM in DV. We are advised to file injunction and declaration suit,to keep him away. Can you please help by your suggestion on following:
1. What will be the court fee, which will have to be paid? Flat is currently worth about a crore but was acquired at about 12.5 lacs.
2. Will the allotment under PH category, will have any bearing on the decision?
3. Will the payment record will have a bearing or it will be distributed 50/50.
Thanks in advance for your guidance.
Regards,
Jayant
lissing perme
03 October 2014 at 16:23
Dear Expert,
Is offence under Section 18 (a) of NDPS Act bailable or is it non-bailable?
Do magistrate has power to grant bail to accused in offence under Section 18 (a) of NDPS Act?
Please give any cited case in this regard.
Ramesh
03 October 2014 at 16:21
Hi,
I gave some amount to my uncle 3 years back. He himself signed in Rs 100 blank stamp paper and gave it to me. Now he is refusing the to pay back the amount. Can I use the stamp paper to get my money back?
Ritesh Rathod
03 October 2014 at 16:20
Dear sir, I recently started a practice of cs now many time my clients need to execute various deed and agreement but in gujarati. So can you tell me from where these format I can get but it should be in gujarati.
Urgently I need a partnership deed if any one of you have it in gujarati kindly sent it by mail at csriteshrathod@gmail.com.
Thanks & Regards CS Ritesh
deepak
03 October 2014 at 14:17
Sir,i m working in a psu bank as a po and i m under the probation of 2 yrs.I joined bank in july13.I m in a problem and so need help.In jan14 i applied for ssc combined graduate exam whose written exam is on 19 oct14.But at the time of applying for ssc i did not inform the bank and now i want to take premission from bank for exam which is on 19 oct.
one thing i would mention that while applying for ssc i had give the job detail of union bank only where i was previously employed nd did not mention about the present job.
so,sir please guide me in this.
KETAN J SHAH
03 October 2014 at 13:37
Respected Sirs,
I M a landlord of a building in Mumbai. In 2007 after additional construction of 3 floors I sold the new flats on ownership basis and some old tenants also opted to purchase their premises and converted to ownership. However some 17 tenaments remain with me of which I M the landlord and I m paying the maintenance charges on behalf of these 17 tenants to the society. The MC charges include 10% Non-occupancy charges since the flats I M holding are given to tenants on rent before the construction of additional floors.
I M the chairman of the society. Today I received a letter from the other members saying that I should pay 10% to the society from the Rent I m receiving from the tenants apart from that 10% NON OCCUPANCY chgs.
I M already paying 10% NOC chgs on every outgoing that is, Salary, Electric chgs, Repairs, where as I M suppose to pay this NOC chgs only on service chgs.
Please advice wether the demand raised by the members is legal or illegal.
Thanking you in advance
truelife
03 October 2014 at 11:48
hello sir/ madame
A moslem girl married to a Christian husband after he converted to be a moslem ( no conversion certificate) and marriage was solemnized according to Mohammedans law. Now after 20 years of marriage, husband a non practising moslem reverts back to Christianity after he divorces his wife. Now what are the rights of law for the women left with three children living with her ?
1) her maintenance
2) children maintenance
3) rights of husband for children
4) property of husband
5) gift will of grand parents of children.
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Discharge application by accused.
DISCHARGE APPLICATION FILED BY ACCUSED U/S- 239 OF CR. P. C. :
Dear Experts,
(01) I have lodged Police complaint against our Society’s then Secretary & Chairman about forgery of my signature in a consent letter which is forged and fabricated, which is giving a valuable right to then Secretary to construct additional building of our Society. And he constructed building on the strength of same forged and fabricated consent letter.
(02) Police have taken my hand writings and specimen signatures. The hand writings and specimen signatures of then Secretary have also been taken by Police along with other members of our Society. And all hand writings and specimen signatures were sent to State Examiner of Documents, CID-Crime, Maharashtra Police, to check veracity of signature.
(03) Police have obtained Opinion of State Examiner of Document, CID-Crime. As per same (a) My (i.e. complainant’s) signature is found to have been forged and fabricated in consent letter & (b) About then Secretary to check whether forgery is done by him, it has mentioned that--“For want of identifying features, he is unable to express any definite opinion”.
(04) Since my (i.e. complainant’s) signature is proved to be forged, subsequently FIR lodged, then Secretary was jailed & Charge-Sheet is filed against our Society’s then Secretary & Chairman.
(05) In Dosharoppatra Form: 5-E of Charge-Sheet, Police has mentioned that-- “Society’s then Secretary & Chairman for their own benefit mutually conspired so that to get permission for construction in the name of then Secretary, therefore they forged the signature of complainant in consent letter by SOME UNKNOWN PERSON by preparing said forged and fabricated valuable security they fraudulently and dishonestly represented and used it as a genuine for the purpose of cheating submitted to Municipal Corporation through Architect and obtain the permission for construction. Thus committed fraud with complainant and Municipal Corporation. Similarly then Secretary & Chairman in conspiracy informed that its original fabricated valuable security is lost, thus destroyed the evidence. Hence Section 420, 465, 467, 468, 471, 201, 34 of I.P.C.”
(06) Matter is pending at Magistrate Court, Charges are not yet formed. In the meantime, the accused then Secretary has filed a DISCHARGED application u/s- 239 of Cr. P.C.
(07) In discharge application accused has taken ground that--
(a) “If terminology of the Sections are taken into consideration, there must be allegation that accused have forged the signatures and documents. In the complaint there is no allegation that accused ON THEIR OWN have done this act and there was only a suspicion expressed about it”.
(b) “On examination of the Charge-Sheet, it is crystal clear that the accused has not committed any offence and there is no concrete evidence to prove that he had actually indulged in any forgery crime”.
My Query:
(A1) As mentioned above in para- (07) (a), is it mandatory that there must be allegation that accused HIMSELF have forged the signature?
(A2) Allegation of Police in Charge-Sheet that accused forged the signature of complainant in consent letter by SOME UNKNOWN PERSON is sufficient or not?
(A3) By going through para-(05) (allegation in Charge-Sheet), whether accused has committed any offence and had he actually indulged in any forgery crime?
(A4) For want of identifying features, hand writing expert is unable to express any definite opinion whether forgery is done by the hand of accused or not. From this can accused claim that he has not committed forgery by his own hand?
N.B.: Since I have kept my Query to limited issue only, therefore not explaining about whole matter.
Thanking all in anticipation, once again.
Ashok.