498A-filed
10 August 2014 at 13:23
Dear Experts,
As per the recent supreme court judgement, the jurisdiction of the 138 NI case is at the place where drawee's bank branch is located. And since the hon.Apex court in its wisdom has decided to apply it retrospectively, I have some apprehensions about my case after reading the judgement and I need your help to understand its effect on my case.
My wife's account is in state A where we lived together after marriage.
I shifted to my home town after she left me in state B and deposited the cheque in my bank account in state B. Sent notice from state B as well and filed the case.
Cognizance taken under 420 IPC & 138 NI & summons issued after recording of statements u/s 200 & 202 of crpc and after submitting the list of documents.
She is in state C at her parents home.
Now my apprehension is that she can put a transfer petition in the supreme court and get a stay on the case. Because there will be thousands and thousands of transfer petition of cheque bounce cases, my case may get delayed for months.
If the case gets transferred, I will have to travel long distance to pursue my case.
Kindly give your inputs and also guide me whether this transfer is also applicable in my type of case where sec 420 of IPC is also applied along with the 138 NI.
amit
10 August 2014 at 11:49
my friend eloped(ran away with mutual concent) with a minor girl 2 years back,now she is adult and staying with her husband,they have 1 year child but that time her parents lodged fir on him IPC 366A,
if they go back(surrender) what will happen(police and court what will do)
please reply
manojkumar
10 August 2014 at 10:48
नाबालिग का अप्र्हरण व बालिग होने के बयान करवाकर शादी क्या वैध है
केस के मुताबिक साढे सोलह वर्ष की बेटी का अप्र्हण 18/5/13 को हुया था जिस्मे मुकदमा- 18/5/13 को 363/366 ए/120 बी के तहत दर्ज हुया मगर पुलीस ने मुल्जिमो से साठगाठ के कारण जान बूझ कर मुल्जिमो को गिरफ़तार नही किया ओर रिकार्ड मे भगोडा दिखा कर कानुन से धोखा किया ओर खुद फ़ोन पर उन्से बातें कर्ते रहे ओर सारी खानापुरी करते रहे मगर जाच को जीरो से आगे नही बढ्ने दिआ. सिर्फ़ इस बिन्दु पर काम करती रही कि आठ अगस्त 14 को लड्की बालिग हो जायेगी तभी लड्की के बयान ल्ड्के के प्ख्श मे लेकर आगे कि कार्यवाही के बारे मे देखेगे,पुलीस की आरोपीओ से साठगाठ का मुकदमा माननीय अदालत लोकायुक्त मे दायर किया गया है जिस्मे माननीय लोकायुक्त ने दोनो पार्टीओ को बुला कर दस्तावेज देखने पर माननीय लोकायुक्त ने प्र्थम स्टेज पर पुलीस के रिकार्ड को साजबाज ओर साठगाठ का दोषी मान्ते हुये पुलीस अधीक्श्क ओर जाचं अधिकारी को अपने बचाव के दस्तावेजी सबूतों सहित खुद पेश होने के लिये 03/12/14 की डेट दी है
अदालत से भ्घोडा घोषित किये जा चुके मगर भ्घोडा घोषित होने का मुकदमा 4 माह बाद दर्ज किया,
कोर्ट में भ्घोडा घोषित होने के छ्ह माह बाद माम्ला पी .ओ सटाफ़ को दिया मगर पी .ओ सटाफ़ ने भी चार माह मे कुछ नही किया
अब लड्की 8/8/14 को बालिग हो गयी है क्या बयान जो अप्र्हण के एक साल बाद लिये जायेगे जब्कि लड्की ब्रामद भी नही हुयी है मान्य होंगे या नही
ओर क्या अब लड्की की शादी मान्य होगी अगर वो लड्की अप्नी मर्जी के अनुसार करवाती है
इस्के कया प्रावधान हैं
Kuldeep
10 August 2014 at 10:04
Civil appeal in Supreme Court against judgement in lpa/ writ p of high court allowed. But state is not implementing sc orders. Pl let me know where I can file contempt of court petition , in high court or have to go to sc again.
Radhe Shyam
10 August 2014 at 09:32
3 years ago It was friday evening, I was drunk and simply walking towards my hostel. I don't know what was my fault. police man just grab me and put me inside the jeep.i asked police man my fault he said tum nashe m the and took me to the police sation where the did formalities regarding name,F.name and Address.later they took me to hospital for medical.. which was only a formality because in reality no medical was done. keval dikhawa tha ki medical k liy lae h.. Again they took me to police station where I called my seniors mujh hostel le jane k liy, before going to hostel policeman said go to local court on monday (saturday sunday off tha) waha abc nam ka koi milega and pay fine at XYZ room no. I went on my own waha us aadmi k pas gya usne stamp kharidne ko kaha fine k alwa kuch upar k rupay liy or kaha aap jaoo ap ka kam ho jaega. now I have doubt regarding government job. Is this create problem in getting government job??
( i was not taken to court by police. i went on my own)
unhone mujh p kya charge lagaya mujh nhi pata.
Biswajit
10 August 2014 at 09:30
Hi,
I am from Mumbai and I am part of provisional managing committee. Recently we had an SGM and it was decided to charge service charges at sq feet wise while bye laws states it should be unit wise. To be specific, we have 3 BHK unit, 1BhK & 2 BHK.
Obliviously there has been a spate of infighting amongst the members since apportioned in different ways increases maintainenance substantially to 1BHK while 3 BHK holders would point bye laws. Please note that the number of 1Bhk unit is much higher then 3bhk.
We have sent mail to registrar for clarification but we haven't heard from them.
What should be the way out? What is the right direction? Please guide me and appreciate for your response.
Biswajit.
naveenraj jain
10 August 2014 at 08:09
Respected sirs
My case where we are made one of the defendants out of 16 of them. We have appeared and filed necessary replies. We have derived right in the case property through previous court orders. We have sought for IA on plaint rejection based on case barred res judicata. Even after filing such IA shouldn't the court hear us and skipped our IA and proceeded further. court has now proceeded for framing issues. My Advocate not present for last two hearing.
kaur
10 August 2014 at 08:06
In joint property including one shop is recently opened by opposite members inspite of court status orders. Under what section I can complaint to police that shop should be closed down since court had already issued status quo orders 1 year back and when case is still pending in court. Please advice
RAJESH CHOPRA
10 August 2014 at 04:06
Sir,
we are 3 sisters. My father has 3 floors constructed house and is residing in one floor and my another sister residing on 2nd floor. The 3rd remaining floor is rented and beneficiary being my father.
My father has made a will mentioning each floor in the name of each one of us.(will is duly registered & also shown to me by my father on his recent visit to my house)
I am not in good terms with my remaining 2 sisters and stay away.
My other 2 sisters had tried to do manipulation in getting floors preference and certain other things relating to financial matters. I fear that they may not play mischief with will and harm or create problems for my right in the property.
What is it that I can do legally or take precaution to protect my right. Pls advise as I stay away and also not in good terms with my other 2 sisters.
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