Satya nand aggarwal
21 August 2014 at 03:20
After the recent judgment in the case Dashrath Rupsingh Rathod
Versus State of Maharashtra on the point of jurisdiction, it has been concluded by the S.C at page no 83 that in all cases under Section 138 of the Negotiable Instruments Act. Prosecution can be launched against the drawer of the cheque only before the Court within whose jurisdiction the dishonour takes place.
My point is “ The cheque is payable a par and the drawer bank is located at Mumbai, Cheque issued at Delhi and presented for clearance at Delhi and Drawee bank at Delhi also presented for clearance in Delhi ,
It was bounced at Delhi being cheque is at Par and it can be presented anywhere in India in the same branch and it was never presented at Mumbai, Memo was also issued at Delhi.
“Whether the court at Delhi will have the jurisdiction or not”
Tanveer Khan
21 August 2014 at 00:01
Greetings All,
I am Tanveer Khan, a new member of the Bar who has graduated two months ago. I am searching for a Criminal Lawyer to assist as a junior. I would really appreciate it if someone could help me in this regard.
Thank You.
Kumar
20 August 2014 at 23:59
Hi Experts, I have private complaint 200 crpc and sequence completed are:
1. Summons to accused
2. Po investigation and report (DIR)
3. Evidence by petitioner given
and next is pending for "Cross examination" of petitioner by me.
I would like to know exact sequence of proceeding. Below is a sequence for another case and send by my friend for reference.
please send me for Dv act.
Another scenario:
General sequence for your reference
1] F.I.R.
2] Police Investigation (if at all takes place) & arrest without any necessity of warrant. In some States, D.C.P.’s permission is required for arrest.
3] Bail. Police asks for ‘Police Custody’ (called ‘PC’) for interrogation and recovery of articles (S.406 IPC). Accused submits custodial interrogation is not necessary etc. Then magistrate pass order for ‘Judicial Custody’ (called ‘JC’). Then accused apply for ‘bail’, say from ‘police prosecutor’ (called ‘pp’) and Investigation Officer (called I/O) is asked by court who always strongly objects religiously and then on argument from accused counsel it is granted (or not granted, then go to session to High Court to Supreme Court, at some place it is given). Important fact is that ‘bail’ is always granted from ‘JC’ AND NOT FROM ‘PC’. The process in legal fraternity is called breaking ‘PC’ to ‘JC’.
4] Then no need to attend court. On filing charge sheet, police sends summons or make telephone call to attend court to receive charge sheet, till such time – no need to attend court. However a tab shall always be maintained on chargesheet as many times police/court dont send information to accused at the time of filing chargesheet, but it does not harm accused except that precious time is killed.
5] At the time of receiving chargesheet which is given free of cost to ‘each’ accused by ‘pp’ in court, sometime court asks accused whether they are guilty, normally accused say – not guilty. Check the charge sheet – it is also called ‘Final Report’ – there should be a table showing list of witnesses and documents – many times it is not given, tell court for any discrepancy in it.
6] Then dates, accused must attend them or take exemption u/s205 of Cr.P.C. (permanent till trial starts).
7] Firstly, charges are framed u/s240 Cr.P.C. (if discharge application not made u/s239 Cr.P.C.) when accused can oppose.
8] Then First witness – wife – PW1 – PP asks question to her based on her complaint to take FIR on court record. Then accused’s counsel cross examine her.
9] Then her father (Pw-2), Mother (PW-3), Sister (PW-4) etc. whomsoever I/O has taken as witnesses and taken statements (which are given with chargesheet to accused).
10] Then I/O’s examination-in-chief by PP and cross by accused’s advocate (counsel).
11] With this, prosecution evidence closed. If accused has any witness, they can be called as defence witnesses (normally not called as they may by mistake say something against accused in cross examination). First accused’s advocate will take examination-in-chief and then PP will take cross-examine (prosecutin and defence role changes).
12] Accused are examined by magistrate u/s313 Cr.P.C.
13] Then PP gives argument, then accused’s advocate gives argument.
14] Enjoy – Now order – Acquittal/Sentencing.
Tashi Norbu Basi
20 August 2014 at 23:23
Dear Experts,
I have registered a company in Sikkim and in my kind of business I pay a state tax of 10% on my gross yield (basically gross income)and thereafter I deduct all expenses and pay the Central Income Tax also.As a layman I look at this as "double taxation" of my income. State tax on my gross income and central tax on my net income.
Could you'll please tell me:-
How does our law defined "double taxation"? Is my situation covered by the definition of double taxation? What is the law concerning double taxation? Is this legal? And if so, what's the logic?
Thanking you in anticipation.
Anonymous
20 August 2014 at 22:59
Dear experts,
I have a house in Metro , where tenant is staying from last 7.5 year, I do rental agreement with him in every 11months.Now I need to renew agreement or ask him to vacate. If I renew this agreement with him , what precausition I need to take. Since we make agreement in rs 20 stamp paper in presence to two witness. Till now I was not registering it. I have rs 20l bank loan also balance, my house. Papers are with bank.
Thx
Rahul Mendiratta
20 August 2014 at 22:22
Dear Expert,
Please guide on within how many days we can appeal in session court against order from lower court.
Also within how many days we can appeal in high court against order from session court.
D Chavan
20 August 2014 at 22:01
In our society in MUMBAI owners submit REGISTERED & STAMP DUTY PAID Leave and License. Recently a owner has submitted NOTARIZED leave and license agreement to the society. He says that It is his look out whether to submit registered LL agreement or not. Can society accept such agreement or should insist on Registered LL Agreement?
Knowledgeable persons please guide.
siddhesh
20 August 2014 at 21:53
Is it compulsory for the witnesses of a will to know each other? Any case law or provision?
siddhesh
20 August 2014 at 21:48
A member is unable to understand the proceedings of the meetings for the purpose of redevelopment of a co-operative society in Maharashtra. He wants to bring his son/daughter to the meeting so as to make him understand that what is happening in the meeting and for any other purpose (for voting, suggestions, etc.) can he do so? Can the other member stop him from doing so? Can he do so without amending the bye-laws of the society? Is there any judgement regarding this?
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