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16 July 2014 at 09:06
SIRS,
There was a land dispute between two persons. The case of the plaintiff was that his neighbor encroached upon his property by erecting a late rate stone wall and when the plaintiff questioned his high handed act , he assaulted him , abused him using filthy language and man handled the village office staff who came to measure the property.
... and now the civil case is pending before the sub court.
meanwhile , i have filed a criminal case based up on the same facts, incorporating sections 447, 323, 294(b), IPC etc.
Now , that case is also pending before the magistrate court.
Now the accused , herein has approached the high court for quashing the matter. but, high court , instead of quashing the matter, stayed it for the time being ...
and, now finally posted for hearing the case.
so, respected experts, i need apt citations to show that this case is not fit for quashing.... and he should be compelled to face the trial at the magistrate court for his high handed act.
he can , at the most , approach the magistrate court for discharge.
thanking you all, sirs..
SALIL KUMAR
ADVOCATE
THALASSERY
G. ARAVINTHAN
16 July 2014 at 07:23
under Cooperative Societies Act, surcharge proceedings were initiated.
the proceedings were challenged before District Judge by way of Civil Miscellaneous appeal.
No provision to go for appeal/revision provided under Act against the same.
How to challenge the order made in that CMA?
under Article 226 of 227 of constitution of India.
Balaji Bakthavathsal
16 July 2014 at 07:11
Dear Learned Advocates,
A civil case is dragging in the lower court for 4 long years. Petitioner has submitted all the documents in support of his side. All the respondents have become ex-parte. When the judge was about to give ex-parte order, one of the respondent submits an I.A. requesting to set aside the ex-parte order after almost 3 years of declaration of ex-parte. Counter reply was submitted to the I.A. Now, it is the turn of the opponent's advocate to place his argument against the counter reply. But the advocate is NOT coming forward and he has asked adjournment twice. What is the solution for this ? Is there any limit ? How long he can continue to seek adjournments ? Please give your valuable views.
Thanks & Regards
Balaji
Mustafa Bhat
16 July 2014 at 05:17
Sir,
In 498A & 406 case there are 12 PWs out of which Prosecution examined only 10 Pw & dropped other 2 PWs.
Out of these 12 PWs 2 PWs were IO's & 4 PW relatives of complainant which favour Prosecution.Out of Rest 4 PWs 2 PWS are friends of accused & witness to his Talqnama & remaining 2 PW are neighbors of accused, these 4 PWs didnot supported the prosecution.The 4 PWs have said almost same in court what they had said in police U/S Crpc 161.
The prosecution has given permission to the counsel of complainant, he submitted in court that he wants to cross examine these 4 PWs as they have not supported Prosecution.
My submission is can the counsel of complainant make such submission, will court allow him to do so, as these 4 PWs deposed their statement in presence of examining chief & were also not decleared hostile as their statement under Crpc 161 & deposition in court was almost same
Jiten Subhash Mhatre
16 July 2014 at 01:39
ur city some peoples are doing In our city some peoples are doing construction on government land. I did construction on government land. I did complaint about it in concern authority complaint about it in concern authority but they didn't take any action against but they didn't take any action against them. Now I want to file complaint them. Now I want to file complaint against builders and some government against builders and some government personal in court. Please give me advise personal in court. Please give me advise on following points on following points *in which court I *in which court I have to file complaint *how much it cost have to file complaint *how much it cost *can I fight it impersonal
Suman Sarkar
15 July 2014 at 23:57
Hello Sir,
I had a relationship with a brahmin girl for the past 3.5 years. Even we work at same place. Our relationship was so mature and we were ready to marry each other. But one day suddenly when my girl friend approaches about me to her family they denied to accept our relation because of caste problem. They pressurises their daughter to marry some other guy. They dont want to admit our relation as if there was nothing between us. But I can prove that I had a relation with their daughter. what to do I dont know. How can we be married please suggest me sir..
mahesh
15 July 2014 at 23:11
my grand father have 5 hacres of land and one residential land of 10 cents in my village.my grand father expired 4yrs back.my grand father having 3 sons and his wife. after my grand father expired elder son taken the documents of farming land and kept with him.when we are asking for documents to my grand father elder son,he is saying that my grand father had borrowed money from some others and he(my grand father elder son)had given the money behalf of my grand father.
so i need help to get my fathers partition from my grand fathers elders son.
Anonymous
15 July 2014 at 23:02
In our city some peoples are doing construction on government land. I did complaint about it in concern authority but they didn't take any action against them. Now I want to file complaint against builders and some government personal in court. Please give me advise on following points
*in which court I have to file complaint
*how much it cost
*can I fight it impersonal
Jainodin shaikh
15 July 2014 at 22:38
Problem:
1. Two accused were charge-sheeted.
2. First accused declared absconding.
3. Trial of second accused separated.
4. Second accused acquitted.
5. Case papers send to record room..
6. After some years, records; except the judgment, were destroyed by the court.
7. After some years first accused arrested and supplementary charge-sheet is filed against him.
8. Supplementary charge-sheet is not accompanied with any statement of witness nor even with F.I.R., but it has photocopies of original charge-sheet which are not readable.
Question:
How the trial of first accused can proceed?
What stapes the Court or accused is expected to take?
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138 ni act
SIRS,
I need your help sirs,
i am appearing in a 138 case for the accused.
Actually the accused is a Pvt Ltd Company.
so, the complainant has arrayed 4 persons as accused ......A1 is the company itself, in its official capacity....A2 is shown as "Director" of ....company.....A3 and A4 are two induviduals, shown as "cheif operating officer and executive vice president "....
in the complaint, it is avermed that A2 and A4 represented themselves as persons in charge of management of affairs of business and dealings.
No other document produced to prove this.. just a mere averment.
only A4 person signed the cheque.
case is that :
the was an oral business agreement between the accused and the complainant and the accused took 1 lakh as advance amount and subsequently failed to comply with the terms of the agreement. so the complainant
asked for the money he paid . the the accused gave a cheque , which subsequently
bounced. this is the case .
here, whether i can take the plea that cheque was taken as a security and hence 138 NI Act is not applicable, as per Bombay High court Citation ?
whether any witness is required for the payment of money in 138 cases ?
complaint has been filed against 4 accused , but, notice has been issued only against 3 persons .is it will vitiate the trial ?
( actually there are only 2 persons , other two persons are "legal persons"..ie, cheif operating officer" and "vice president. " )
these are the facts of the case ...
trial is fast approaching .....
so, please help me ....
PLEASE TELL ME WHAT ARE THE DEFENCES I CAN TAKE IN THIS CASE...
WHAT ARE THE POINTS I SHOULD HIGHLIGHT IN CROSS EXAMINATION OF THE COMPLAINANT ?
TELL ME APT CITATIONS ( PREFERABLY OF SUPREME COURT OR KERALA HIGH COURT ) SUITABLE FOR 138 CASE , AGAINST PVT LTD COMPANIES AND ITS DIRECTORS .....
THANKING YOU ALL IN ADVANCE , SIR, ....
SALIL KUMAR
ADVOCATE
THALASSERY
9447536929
9061435365