sudhindra
09 January 2014 at 14:02
Dear experts
my friend applied for documents of his own ( relating to sbm bank)through right of information act.
But Bank authorities denied to provide information as per section8(1)(j)of the information act.
now what is the next step?
Puneet Gupta
09 January 2014 at 14:00
Dear Friends
This is very important
My client has been cheated by a real estate company and now they owe him a large sum of money. However, before giving his payment, they are asking him to sign an undertaking that he has received full and final settlement and that he wouldn’t sue them in court.
At this stage, he don’t have any option but to sign the undertaking. But after receiving his payment, can he go to the consumer court and claim the damages and remaining payment.
Will the court accept his plea though he has signed the full settlement undertaking.
Pl advise?
V.N.K. MENON
09 January 2014 at 13:43
Dear Experts,
[ This is being sent as I feel the last message on the subject has not reached the forum for some technical reasons.]
Quoted below is order which is self-explanatory. In view of Sub-Sec. 3 of Sec 397, is there any possibility of salvaging the case. Can I file APPEAL under new Sec 372 CrPC as victim - can it stand? The appeal was first made for leave to file appeal but the dealing assistants in the court advised to file it u/s 482 CrPC.
Experts, please send your valued guidance/ opinion to enable me to proceed in the next hearing ON 18th March 2014 so that it may not get dismissed.
Thanks and regards,
QUERIST
==== QUOTE====
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
O R D E R
20.12.2013
Crl. M.A.19325/2013 (was filed for exemption from filing certified copies and other documents)
Allowed subject to just exceptions.
Crl. M.C.5354/2013
The petitioner has challenged the order dated 7th October, 2013 passed by the learned Sessions Court in exercise of the revisional jurisdiction.
Although the power under Section 482 Cr.P.C. is very wide but this Court is of the prima facie view that invoking Section 482 Cr.P.C. would amount to a second revision which is specifically barred by Section 397(3) Cr.P.C.
Petitioner present in person seeks time to respond to this.
List on 18th March, 2014.
Dasti to the petitioner.
J.R. MIDHA, J
DECEMBER 20, 2013/dk
$ 9
 === UNQUOTE========
Cr.P.C. QUOTED BELOW for ready ref.
-----------------------------------
397. Calling for records to exercise powers of revision.—
(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding. Sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.
Explanation.—All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section and of section 398.
(2) The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.
(3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them.
Comments
(i) When any revision in High Court is dismissed on the ground of limitation High Court can exercise power of revision suo moto under section 397; Municipal Corporation of Delhi v. Girdhari Lal Sapru, AIR 1981 SC 1169: (1981) Cr LJ 632: (1981) 2 SCC 758: (1981) SCC (Cr)
598.
(ii) Where both Sessions Judge and High Court having concurrent powers, second revision would not be competent under section 397 (3); Asghar Khan v. State of Uttar Pradesh, AIR 1981
SC 1697: (1981) Cr LR SC 481.
arpit kumar
09 January 2014 at 13:23
Dear sir
I have Commercial vehicle which is purchased from Chandigarh.I have not taken permit in Bihar. And now it is caught by police. They imposed these sections 177, 192(56) , 22/28(7), 196,190(2).
Please help me what the means of these section and whats the maximum penalty for this.
Thanks
Arpit Kumar
Aleen
09 January 2014 at 13:12
I have a property in Alappuzha area of Kerala.Can I gift this property to someone else, who is not a blood relative to me.
Rajiv Gupta
09 January 2014 at 12:46
DCS Act is a comprehensive act in itself and prescribes punishments u/s 118(5) and 118(6) of the act. Can a Managing Committee member be prosecuted u/s 406/409/477a r/w 120B IPC when the DCS Act exists,
The DCS Act states that sec 128 - every officer and employee of the coop. society shall be deemed to be a public servant within the meaning of section 21 of the IPC.
But mere adding this to the Act without having it passed in the State Legislature has no value.(Laljit Rajshi Shah vs State of Mahrashtra).
Question is : Has the Delhi State Legislature enacted it as a law by passing in the legislature?
In their failure to having done so can Society members be treated as Public Servants?
Arun Kumar Goyal
09 January 2014 at 12:25
I have four Tata 407 and running a local transporting.My bill is Less than 1500/- or 750/- each bill but total gross receipt is less than threshold exemption limit. I have registered in service tax. At the filing of service tax return Gross bill amount will be shown in gross receipt column. please guide me for fill up service tax return.
arpit kumar
09 January 2014 at 12:13
Dear sir,
I have Commercial vehicle which is purchased from Chandigarh.I have not taken permit in Bihar. And now it is caught by police. They imposed these sections 177, 192(56) , 22/28(7), 196,190(2).
Please help me what the means of these section and whats the maximum penalty for this.
Thanks
Arpit Kumar
Nima Lama
09 January 2014 at 11:36
I had a Brother in law who was working as a Commercial Tax Employee in Bangalore he passed away on the 21st Dec, 2013 in a very sad state neglected on the road and brought to a government hospital where he died giving details of my wife - his sister as an emergency contact. He was married to a woman in October 2006 and soon got separated after 3 months. The woman had filed many cases against him from dowry, compensation and finally a Judicial separation which was initiated in 2007 and granted in 2010 as he never came to the family court as a respondent challenging her claims of sexual harrassment to violence and everything that was possible to get Judicial seperation. He was mentally distured with the turn of events and was not able to handle it well. This took a toll on his physical health too. He had attempted suicide twice and they are recorded in the Police station as well as the Hospital in Bangalore. He had even been to rehabilitation center in Kolar Karnataka. All this while the support was only provided primarily by his sister my wife and also by his friends. The so called wife was never in picture for more than 6.5 years. In Jan 2013 when he commited suicide he had written a will in my sons name whom he loved dearly and also wrote a death note blaming his wife as the cause. We pleaded with him not to do so but he did it and we had to take care of him till he recovered. We never submitted the Death Note or will to anybody as we thought that would call for trouble to us and his employment as a central government employee. The police did not hand over the body to us as we informed he was married once and without the consent of the wife we cannot take it. So we searched the entire Bangalore connecting with all old relatives and finally managed to get her to come the next day by sending the message. The moment she arrived in the evening after a lot of delay she started to claim for the body as we didnt want her to perform the rites because she was very mcuh the cause of his death. So we fought it in the police station but lost after the PP judgement came to hnd over the body to the wife. We still fought the decison and it was mutually agreed to perform the last rites. The next day in the crematoriun they did a better than monkey flip and asked us to perform the rites as they had already got the document for the body handover to make the Claims. Now she is claiming for the Compensation and job.. heir family was almost beaten to a pulp by his friends as they were not performing the rites and when the body was being burnt they slid through the back and were quickly trying to get the crematorium slip.. I have discusses this with a few friends and lawyers who have given me mixed responses from go ahead to leave it as we would not be able to stop her. But deep inside I feel this is complete injustice and a misuse of the marriage laws. I wanted sound and clear advice as to how I can take this forward and stop this lady. She has even lied that she is not working but we got to know that she has a job in Airtel. She even received Rs. 60,000 as compensation till now. Me and y wife have have given him a lot of money to pay for the compenstaion and avoid getting arrested. His financial condition and jo was at stake due to many months of absenteeism. The tools that I have at hand are his death note blaming his wife written in jan 2013. Judicial seperation document filed by the woman. video recordings of the last rites where she is hardly in picture, video recordings of the asthi visarjan done by me as per his last wishes, the will that he made in my 3 year old sons name, documents of the hospital and police station when he attempted suicide, the rehabilitation center slip and the complete support of family and friends who are willing to depose before the court at a moments notice. I can start working on other evidences if I get sound advice.
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Change of name in sra annexure
Hello all,
There is a sra construction going by the developer sai krupa in our area of the SRA Building. There is one questions on which I need the help from your side.
1 – The hutments in which I reside is owned by my father and he died 2 years ago.
2 – Now all the documents have been transferred in my mother’s name.
3 – The name in the SRA annexure is of my father, how I can add my mother’s name to it.
4 – What are the ways to get this work done or should we keep the name as it is?
Please… Would appreciate your help in this case..