amit desai
24 July 2014 at 01:36
Dear EXPERTS
one lady has filed a case u/s 156 (3) against the chairman of her society u/s 354 of IPC.
The M.M. Court in mumbai, gave the order u/s 156(3) of Crpc and the Police registered a MECR, thereafter the Police is yet to submit a final report in the matter, in the timebeing the chairman who is defendant in the case filed a Sec 200 complaint to M.M u/s 500 of IPC claiming that this lady is defaming him by filing false complaints.
What remedy is available to this lady. Please note that this lady also has witness to prove her claims
THANKING YOU IN ADVANCE
amit desai
24 July 2014 at 01:28
Dear Experts, i am a very new lawyer in practice , a junior guy
( even after getting an order u/s 156 (3), police has done nothing since 6 months, what can complaintant do to speed up the matter )
A person had filed an Application for 156(3) of CR P C and got an order in his favour, and the Ld. M.M. ordered to Police to investigate the matter, order was passed in Jan 2014 and till now in July 2014 the Police has not submitted any report, also the Police has not called the complainant for statement and Police has done nothing till now. What is available remedy to the Complainant to speedup the matter.
Thanking you in Advance
Senthilkumar
24 July 2014 at 00:15
All,
I have a a residential plot in a different city. During my recent visit i noted that one of the neighbor constructed a house without leaving any setback area on any of the sides. I have my plot next to his building. He has already constructed the building wall until his land without leaving any space. I don't have any plans to construct the home now. i may be constructing after 2 years. Can i make the complaint when i start constructing the house. Also how about the minimum required setback area for my house?. Do i need to leave the required space between the building s completely from my plot?
Thanks in Advance!!!
Pratish
23 July 2014 at 23:54
Dear experts,
Months No-Days worked Paid Unpaid
Aug-09 24 28 1
Sep-09 26 30
Oct-09 26 31
Nov-09 20 29 1
Dec-09 25 31
Jan-10 26 31
Feb-10 21 28
Mar-10 26 31
Apr-10 25 30
May-10 18 23 8
Jun-10 5 8 22
Jul-10 25 31
Aug-10 27 31
Sep-10 21 30 1
Oct-10 15 31
Nov-10 25 30
Dec-10 12 13 18
Jan-11 25 31
Feb-11 25 28
Mar-11 24 31
Apr-11 25 30
May-11 23 29 2
Jun-11 13 30
Jul-11 18 29 2
Aug-11 24 31
Sep-11 12 18 12
Oct-11 10 13 18
Nov-11 27 30
Dec-11 26 31
Jan-12 24 31
Feb-12 22 29
Mar-12 19 27 4
Apr-12 24 30
May-12 24 31
Jun-12 16 30
Jul-12 23 31
Aug-12 22 30 1
Sep-12 17 23 7
Oct-12 23 30 1
Nov-12 23 29 1
Dec-12 27 31
Jan-13 26 31
Feb-13 14 28
Mar-13 22 31
Apr-13 25 30
May-13 23 31
Jun-13 23 30
Jul-13 24 31
Aug-13 23 31
Sep-13 23 30
Oct-13 21 31
Nov-13 26 30
Dec-13 26 31
Jan-14 23 31
Feb-14 23 28
Mar-14 21 31
Apr-14 23 30
May-14 24 31
Jun-14 16 27 3
Jul-14 26 28 3
Aug-14 3 3
1723 105
Note: I will complete 5 Year of service on 3rd of Augest 2014
Kindly let me know, whether I am eligible for gratuity or not, after refering above attendence
PFAC and please let me know the law / section or amendment that I can refer to for this
Regards
Pratish.M
Rajarshi Bhowmik
23 July 2014 at 23:48
I have filed one application U/S 156 (3) before the Ld CJM on 12/03/2014 but most unfortunately the Ld CJM after hearing as well as primarily examining the complainant on Dock was pleased to reject my application on the ground of solely Lack of Jurisdiction accordingly I filed a Revision Application before the Ld Season Judge and after hearing The Ld Season Judge was pleased to allow my application observing that not only the Jalpaiguri Court but the P.S. also has Jurisdiction to deal with the case more over had directed Ld CJM to dispose my petition on merit U/S 156 (3) on 11/07/2014 accordingly I along with the certified copy of the Ld season Judges Order filed a Put-Up petition before the Ld CJM on 18/07/2014 and preyed that as in accordance to Ld CJM's order dated 12/07/2014 which is still good and not set a sideand in which Ld CJM was pleased to observe that there might me sum merit but he was pressing to prove the Jurisdiction and s the order of the Ld season Judge is clearing the doubts regarding the jurisdiction point and as Ld CJM on 12/03/2014 had already examined the complainant and also my complaint petition he may be pleased to send my original complain petition to the P.S. Directing the I.C. of the P.S. concern to register case after treating the same as FIR .But Ld CJM did not pay any heed towards my submission and order that Complainant should himself present again with all the documents before him on 12/09/2014. I gain said that my complain discloses the offenses punishable which is punishable U/S 409 of I.P.C. and if at all any further enquary needs to be done it can be done by the special Court but Ld C.J.M. flately told if I am dissatisfied with his order I may approach higher Courts to set a side his order. Now I had almost decided to file another Revision before the Ld Season Jude again.
Now Experts my points are:-
(1) Whether The Ld CJM has any authority to examine the complainant and go through all the documents again?
(2) Whether Ld CJM is uthorised even to examine the complainant on Dock to dispose a petition U/S 156 (3)
Can you all be pleased to provide me any citation over this issue.
Regards
Rjarshi Bhowmik
[ADVOCATE]
Subash S
23 July 2014 at 23:34
Dear all,
My name was SUBASH from tamil Nadu.
my fathers name was SITRARASU.But it was mis-spelled as CHITRARASU in my birth certificate. So my SSLC and HSC mark sheets carried as( C .SUBASH ).BUT in ration card,voter id,aadhar card,driving license as (S.SUBASH).SO I applied gazette publications that " c.subash was changed to S.subash"and also i published in 2 local newspapers and i had a affidavit. Is this chage was correct ?
or any other procedure required for my initial change?..Is any way to change this in mark sheets?
but passport office didnt accept my gazette.
they mainly viewing birth certificate.
pls help me sir....
pls
Yogi
23 July 2014 at 23:26
This is to bring to to your notice that, I'm a resident of Mumbai and a guy who is resident of Ghaziabad has originally filed a case against me for kidnapping , which he along with bribed police person turned to 420 & 406 CPC during investigation as the date for which he filed that I had committed the crime, I was not in country (India).
Still the SHO filed chargesheet by creating fake evidences and using bribe in ACJM, Gautam Budhh Nagar, Noida.
This all has started because this guy got married to a colleague of mine who was forcefully married to him by her parents.
She was beaten up in a very inhuman way when she did not accept the marriage.
She was locked up in a room and was tortured mentally and physically by the boy and also by her(girls) parents. They tried and forced her to leave her job. When she came to know that they were planning to kill her (Honor Killing) and will show that she has committed suicide she escaped from there alone without anybody’s help on 3rd May 2013 from Agra (parents house) and not from the guys house(as mentioned in FIR).
These people (Guy and girls Family) lodged a false FIR that she was kidnapped for 50 lakhs jewllery and money by me and my friends.
Later the girls whole family and the guy came directly to Mumbai office along with Noida Police, on the pretext of taking the girls statement.
She gave written statement that she came out of my family because of the unbearable mental and physical torture. No one has influenced, pressurized or kidnapped her.
The police inspector also said this is a false case and the girl has given statement so he will close this case.
Later the girl was sent onsite (USA), and just because the guy feels that I am with the Girl in US, he has started harassing my family with all the false things and getting quick dates for hearing and sending out summons and stuff.
These people are politically and financially very sound and are bribing everyone to continue in the false case.
They have involved my family in the case and have bribed each and everyone in Noida court including the judge, to not even hear what we say.
Please help/advise me, As I am currently in USA and my family (Mom-Age 59 & Dad - Age 61) are suffering the wrong consequences because of this false case filed.
We are financially not very strong to fight against this injustice that is happening.
If I come to India to help my family, they will get me arrested and then in custody/or outside can do harm to me.
Also, Note the following steps have been performed till date -
1) September 2013 - Chargesheet files
2) My Parents applied for Quashing of chargesheet on their behalf - High Court provided stay for 45 days
3) My Parents applied for Quashing of chargesheet on their behalf - Supreme Court provided stay for 30 days
4) My Parents applied for bail and received Bail and have applied for exemption in Gautam Budh Nagar Court, Noida. - Result awaiting since last 4months the judge keeps on giving next dates and does not pass the order.
5) The guy has started pushing for my NBW now as I am not in country since the start, none of the actions have taken on my behalf as no summon, warrant has been ever served to me.
Please advise and let me know if any copy of documents or further information is required.
arunkumark
23 July 2014 at 23:13
M20 bond is already abolished in sept 2012.the committee formed in 2007 did not file M20 bond as they were not aware of it.That committee is dissolved after the scraping of M20 bond and new commitee is formed in oct 2012. what action can be taken against that old committee for not filing the M20 bond and where to file the complaint and what punishment/fine/penalty for them.
arunkumark
23 July 2014 at 23:05
A complaint is filed with Asst.registrar under 101 mcs act by Secretary against a defaulter member after passing the resolution by managing committee.since it is a quasi judicial procedure there is no need to appoint a lawyer and Secretary as a part of his duty appeared on behalf of the society .The defaulter member appointed a lawyer to plead his case.
My query is that secretary has intiated a action under 101 mcs act and taken approval/resolution of managing committee.Is it necesary to have mention of secretary's name in the resolution to appear on behalf of the society?As per the duties of Secretary it is clearly mentioned that to take action against defaulter members.please advise.
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Leave ecashment at the time of leaving the employment
sir, I had resigned from my employment of 12 1/2 yrs in July 2014, a the time of final settlement the leave encashment was calculated as follows :
(Basic monthly salary / 31 days )x balance priviledge leave
But my argument is that since I was the head of construction and through out my tenure with the employer had to visit & also stay for short as well as long durations overseeing/ supervising construction of factories, industrial units , the factory act should be applied for my leave encashment which should have been as follows :
(Gross monthly salary/ 26 days ) x balance priviledge leave
The employer is in the business of designing & constructing big factories/ industrial units on lumpsum turn key basis for oil, gas, petrochemicals, fertilizers and the clients are PSU's, private investors, listed companies.the scope includes construction, precommissioning, commissioning, operation of plant until guarantee test run & so on.
The employer is contesting that , the factory act is not applicable to me because I was above manager level & so on throughout my tenure with the employer.
Can you pl guide me and also sight the relevant law, paragraph , clause, section -- which is pertinent & befits correct interpretation.