Ashish
10 January 2014 at 16:12
Distinguished Members of Lawyersclubofindia.com
Greetings
My query is regarding forgery and fraud.
a)If an individual is accused of presenting a Forged document but the accused is earnestly & actually unaware at the time of presentation of the document that it is a forged document then in such a case how can he prove his innocence. In other words what should be his legal recourse.
For eg :If one was to present a document to a government authority without any knowledge that the document is forged and with no personal gain or benefit then will the law prosecute the given person for presenting a forged document even though at the time of presentation the person was completely unaware of the given document being forged and where there was no personal gain what so ever.
b) In absence of the original document which is supposedly forged can it be concluded under law based on xerox copies of the said document that the given document is a forgery. If so has there be any such cases.
c)Can the honorable court pass a judgement based on xerox copies of a supposedly forged document.If so has there be any such cases.
d)In addition if the original forged document has been destroyed or unrecoverable what is the recourse under law to the plaintiff and the defendant.
e)Would the individual who claims that he was unaware in the first place of the document being a forgery or having any possible gain by executing the supposedly forged document be deemed as the one having the original document or willfully destroyed the same.
f)Finally in absence of a clear motive or personal gain to the person presenting a forged document and in absence of the original forged document does such a case hold worthy of trial and to what extent.Can it be quashed in initial stages of the trial.Also how can the person who was unaware of the forged document be acquitted of the alleged charge so that the real culprits be brought to stand trail.
g)Does the law differentiate between an attempt to forgery which was successfully detected and prevented with a an actual act of forgery executed for self gain.
Please respond
Cheers :
Ashish
Ashish
10 January 2014 at 16:00
Distinguished Members of Lawyersclubofindia.com
Greetings
My query is regarding forgery and fraud.
a)If an individual is accused of presenting a Forged document but the accused is earnestly & actually unaware at the time of presentation of the document that it is a forged document then in such a case how can he prove his innocence. In other words what should be his legal recourse.
For eg :If one was to present a document to a government authority without any knowledge that the document is forged and with no personal gain or benefit then will the law prosecute the given person for presenting a forged document even though at the time of presentation the person was completely unaware of the given document being forged and where there was no personal gain what so ever.
b) In absence of the original document which is supposedly forged can it be concluded under law based on xerox copies of the said document that the given document is a forgery. If so has there be any such cases.
c)Can the honorable court pass a judgement based on xerox copies of a supposedly forged document.If so has there be any such cases.
d)In addition if the original forged document has been destroyed or unrecoverable what is the recourse under law to the plaintiff and the defendant.
e)Would the individual who claims that he was unaware in the first place of the document being a forgery or having any possible gain by executing the supposedly forged document be deemed as the one having the original document or willfully destroyed the same.
f)Finally in absence of a clear motive or personal gain to the person presenting a forged document and in absence of the original forged document does such a case hold worthy of trial and to what extent.Can it be quashed in initial stages of the trial.Also how can the person who was unaware of the forged document be acquitted of the alleged charge so that the real culprits be brought to stand trail.
g)Does the law differentiate between an attempt to forgery which was successfully detected and prevented with a an actual act of forgery executed for self gain.
Please respond
Cheers :
Ashish
Ashish
10 January 2014 at 15:58
Distinguished Members of Lawyersclubofindia.com
Greetings
My query is regarding forgery and fraud.
a)If an individual is accused of presenting a Forged document but the accused is earnestly & actually unaware at the time of presentation of the document that it is a forged document then in such a case how can he prove his innocence. In other words what should be his legal recourse.
For eg :If one was to present a document to a government authority without any knowledge that the document is forged and with no personal gain or benefit then will the law prosecute the given person for presenting a forged document even though at the time of presentation the person was completely unaware of the given document being forged and where there was no personal gain what so ever.
b) In absence of the original document which is supposedly forged can it be concluded under law based on xerox copies of the said document that the given document is a forgery. If so has there be any such cases.
c)Can the honorable court pass a judgement based on xerox copies of a supposedly forged document.If so has there be any such cases.
d)In addition if the original forged document has been destroyed or unrecoverable what is the recourse under law to the plaintiff and the defendant.
e)Would the individual who claims that he was unaware in the first place of the document being a forgery or having any possible gain by executing the supposedly forged document be deemed as the one having the original document or willfully destroyed the same.
f)Finally in absence of a clear motive or personal gain to the person presenting a forged document and in absence of the original forged document does such a case hold worthy of trial and to what extent.Can it be quashed in initial stages of the trial.Also how can the person who was unaware of the forged document be acquitted of the alleged charge so that the real culprits be brought to stand trail.
g)Does the law differentiate between an attempt to forgery which was successfully detected and prevented with a an actual act of forgery executed for self gain.
Please respond
Cheers :
Ashish
VINAY SINGH
10 January 2014 at 15:25
I had taken loan of amount of RS-135000 from HDFC Bank on January 2012 for 3 years. I am currently working as Software Engineer in pune.
My salary is RS-23,000PM
I was unable to pay my 5 emi's of RS-4915. Due to some personal reasons i cannot able to save money from my salary to pay my emi.
I have paid 7 emi's from the date i took the loan but all the emi's paid are after the due dates.
Now, i have received a legal demand notice from a bank lawyer.
It is written in the notice that i am included in a proceeding under section 138 of NIA and also proceeding u/s. 420 of IPC.
I read about section 138 of NIA and it is applied to me because of bounced cheques.
Although i paid 7 emi's not on time but
I will pay all emi's to the bank with interest charges(added for not paying on time).
It is written in the notice that i have to pay the amount within 15 days.
Now, i have few questions:
1. I cannot pay the said amount within 15 days but i can pay it in 25 days. According to notice, will the bank take further strict civil and criminal action.
2. Will such civil actions against me spoil my career.
3. If within 3 years duration of my personal loan, if i am again unable to pay emi for 5 months then in that case, will i again become convicted as i received one 138 NIA legal notice previously.
Please help me in this regard, i am really worried.
Sujith
10 January 2014 at 15:18
dear respected experts pls let me know after filing dv case on me my wife is now saying tht i have to stay with her at her house other wise she will go for divorce and for divorce she is demanding 10 lacs.we have a nine month old baby boy.and she and her parents dont allow me see my baby too.she is saying that she will tell the court tht she will not go with me to my place and me have to stay with her home.if i am not interested in this condition then she will only need maintenance without staying me and i am ready to take her with me at my place.i am not ready for divorce
1.will the court order me to live with her at her place?
2.or the court should tell her to live with me at my place.
3.my salary is 12450/-if i she go for a divorce and demand for 10 lacs will the court order me to give 10 lacs becoz i dont have that much money with me.ionly have my salary no bank deposits and all.
Shabs
10 January 2014 at 15:16
Hi,
I am in a fix, I booked Skoda rapid my 2014 on DEC 31st, full down payment is made to the car Dealer (cash + finance). On raod cost included 35k rs discount. Car delivery scheduled on 20th Jan, now I got a call from dealer saying that SKODA has denied the discount on 2014 models.
I have all the documents from dealer which mentioned the discount ( on Skoda dealer letter head).
Please help what action I can take, I dont want to pay extra 35k which was suppose to be discount.
yash
10 January 2014 at 14:45
Dear all,
2 months earlier, I met with an accident. I was driving a car and got hit with a bike. The lady on the bike got injured in accident. I dropped the injured lady to the hospital. But, then without my knowledge, she filed a case against me. I am charged with "IPC 279,337,338 & MV-ACT 177,184,134B."
I had to appear in police station and was released on bail.
As i lack the knowledge related to law, can you please tell me the possible outcomes or problems that i can face due to this case.
Apart from that I am also planning for further studies. Can this charges create VISA problems??
Plz do reply. Thanx in advance.
Yash
mahobatsinh dodia
10 January 2014 at 13:53
Can we file single complain with regards to 5 cheques to one party , single notice was issued
Dr G V Rao
10 January 2014 at 13:10
Sirs, years pass by waiting in High Courts or Supreme Courts for innocent Govt employees who have been removed or dismissed from services due to malafides or other unjustifiable reasons. Is their no relief under law for seeking a speedy trial of their respective service matters. Are they no SC rulings on this subject as they are there for speedy trials in Criminal cases.
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Pil against ibps
Respected Sir/Madam,
This is to ascertain that whether a Public Interest Litigation against IBPS is legally sound on the hereunder mentioned issue.
IBPS is a private body that conducts exams and recruitment exercises for selecting clerks/officers for various Govt organizations mainly Public Sector banks
but the process of recruitment involves a written test and subsequent interview, it is to be noted that there is a cut off declared and those candidates who score more than the cutoff marks are called for interview.
But my problem is that IBPS declares the marks of written test before the interview process instead of declaring just the roll no's elligible for interview,thereby affecting the impartiality of the interview because the attitude of the interviewers towards a candidate who has just cleared the cut off and another candidate who has got very high marks will be different and as such knowing of marks also affects the morale and psychology of the candidates themselves,almost all exams in the country declare only list of eligible candidates for appearing in the interview and declare the individual marks of written test and interview after the results are declared keeping the process both transparent and also fair at the time of interview.Even IBPS never declared the marks of written test of individual candidates when exam for individual banks was conducted and most cases the marks were never known.
I am planning to file a PIL on the above mentioned issue, just wanted some legal experts to advise me weather it will stand any ground in the courts.
Thanks & Regards